Alex et al v. NFL Enterprises, LLC et al
| Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton and Donavon Thompson |
| NFL Enterprises, LLC and National Football League |
| 1:2022cv09239 |
| October 27, 2022 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 51
OPINION & ORDER re: #25 MOTION to Dismiss . filed by National Football League, NFL Enterprises, LLC. For the reasons set forth by the Court, the Court DENIES Defendants' motion to dismiss, ECF No. 25, pursuant to Fed R. Civ. P. 12(b)(1), and GRANTS Defendants' motion under Fed R.Civ. P. 12(b)(6). Plaintiffs are DENIED leave to amend their Complaint. (Signed by Judge Andrew L. Carter, Jr on 9/27/2023) (ate)
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Filing 50
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated August 15, 2023 re: Notice of Supplemental Authority. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson. (Attachments: #1 Exhibit A).(Reich, Mark)
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Filing 49
LETTER addressed to Judge Andrew L. Carter, Jr. from Hilary L. Preston dated August 15, 2023 re: Notice of Supplemental Authority. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Exhibit A - Salazar v. NBA Decision).(Preston, Hilary)
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Filing 48
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated August 11, 2023 re: Response to Defendants Notice of Supplemental Authority (ECF 47). Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 47
LETTER addressed to Judge Andrew L. Carter, Jr. from Hilary L. Preston dated July 21, 2023 re: Notice of Supplemental Authority. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Exhibit A - Paramount Global Decision).(Preston, Hilary)
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Filing 46
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated July 13, 2023 re: Response to Defendants Notice of Supplemental Authority. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 45
LETTER addressed to Judge Andrew L. Carter, Jr. from Hilary L. Preston dated July 11, 2023 re: Notice of Supplemental Authority. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Exhibit A - Gardner Decision).(Preston, Hilary)
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Filing 44
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated June 30, 2023 re: Response to Defendants Notice of Supplemental Authority. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 43
LETTER addressed to Judge Andrew L. Carter, Jr. from Hilary L. Preston dated June 28, 2023 re: Notice of Supplemental Authority. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Exhibit A - Hunthausen Decision).(Preston, Hilary)
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Filing 42
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated May 3, 2023 re: Response to Defendants Notice of Supplemental Authority. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 41
LETTER addressed to Judge Andrew L. Carter, Jr. from Hilary L. Preston dated April 27, 2023 re: Notice of Supplemental Authority. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Exhibit A).(Preston, Hilary)
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Filing 40
NOTICE OF APPEARANCE by Courtney Elizabeth Maccarone on behalf of Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Maccarone, Courtney)
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Filing 39
NOTICE OF CHANGE OF ADDRESS by Mark Samuel Reich on behalf of Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson. New Address: LEVI & KORSINSKY, LLP, 55 Broadway, 4th Floor, Suite 427, New York, NY, USA 10006, (212) 363-7500..(Reich, Mark)
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Filing 38
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by NFL Enterprises, LLC, National Football League..(Preston, Hilary)
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Filing 37
ORDER GRANTING MOTION TO WITHDRAW granting #31 Motion to Withdraw as Attorney. UPON CONSIDERATION of Melissa Anne Siebert's Motion to Withdraw, it is ORDERED that the Motion is GRANTED. Attorney Melissa Anne Siebert terminated. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate)
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Filing 36
ORDER granting #30 Motion for Matthew X. Etchemendy to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate)
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Filing 35
MEMO ENDORSEMENT granting #29 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Michael Evan Rayfield terminated. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate)
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Filing 34
MEMO ENDORSEMENT granting #28 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Anna A. El-Zein terminated. (Signed by Judge Andrew L. Carter, Jr on 4/7/2023) (ate)
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Filing 33
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss . . Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 32
REVISED SCHEDULING ORDER: Plaintiffs' opposition to Defendants' Motion to Dismiss shall be due on March 27, 2023; Defendants' reply in support of their Motion to Dismiss shall be due on April 10, 2023. Responses due by 3/27/2023. Replies due by 4/10/2023. (Signed by Judge Andrew L. Carter, Jr on 3/22/2023) (ate)
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Filing 31
MOTION for Melissa Anne Siebert to Withdraw as Attorney . Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Text of Proposed Order - [proposed] Order).(Siebert, Melissa)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Matthew X. Etchemendy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27458463. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 30
MOTION for Matthew X. Etchemendy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27458463. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Affidavit Declaration of Matthew X. Etchemendy In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Etchemendy, Matthew)
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Filing 29
FIRST MOTION for Michael Rayfield to Withdraw as Attorney . Document filed by NFL Enterprises, LLC, National Football League..(Rayfield, Michael)
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Filing 28
MOTION for Anna A. El-Zein to Withdraw as Attorney . Document filed by NFL Enterprises, LLC, National Football League..(El-Zein, Anna)
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Filing 27
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated March 7, 2023 re: Extension of Time. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(Reich, Mark)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by NFL Enterprises, LLC, National Football League..(Preston, Hilary)
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Filing 25
MOTION to Dismiss . Document filed by NFL Enterprises, LLC, National Football League..(Preston, Hilary)
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Filing 24
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NFL Ventures L.P. for NFL Enterprises, LLC. Document filed by NFL Enterprises, LLC..(Preston, Hilary)
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Filing 23
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Football League..(Preston, Hilary)
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Filing 22
NOTICE OF APPEARANCE by Marisa Antonelli on behalf of NFL Enterprises, LLC, National Football League..(Antonelli, Marisa)
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Filing 21
NOTICE OF APPEARANCE by Hilary Lovett Preston on behalf of NFL Enterprises, LLC, National Football League..(Preston, Hilary)
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Filing 20
NOTICE OF APPEARANCE by Anna A. El-Zein on behalf of NFL Enterprises, LLC, National Football League..(El-Zein, Anna)
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Filing 19
BRIEFING ORDER: The Court is in receipt of the parties' recent submissions. Defendants are hereby GRANTED leave to file a motion to dismiss. The parties are directed to adhere to the following briefing schedule: Opening Brief: February 27, 2023. Opposition: March 13, 2023. Reply: March 20, 2023. (Motions due by 2/27/2023., Responses due by 3/13/2023, Replies due by 3/20/2023.) (Signed by Judge Andrew L. Carter, Jr on 2/10/2023) (rro)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion to Appear Pro Hac Vice. The Motion of Admission for Pro Hac Vice, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Andrew L. Carter, Jr on 2/10/2023) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Anna A. El-Zein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27320571. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 17
MOTION for Anna A. El-Zein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27320571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Text of Proposed Order Order For Admission Pro Hac Vice, #2 Affidavit Affidavit of Anna A. El-Zein in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(El-Zein, Anna)
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Filing 16
NOTICE OF APPEARANCE by Melissa Anne Siebert on behalf of NFL Enterprises, LLC, National Football League..(Siebert, Melissa)
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Filing 15
LETTER addressed to Judge Andrew L. Carter, Jr. from Mark S. Reich dated February 7, 2023 re: Response to Defendants' Letter Request for Pre-Motion Conference (Dkt. 12). Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 14
ORDER granting #13 Motion for Melissa Anne Siebert to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 2/6/2023) (ate)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Melissa Anne Siebert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295074. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 13
MOTION for Melissa Anne Siebert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27295074. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NFL Enterprises, LLC, National Football League. (Attachments: #1 Affidavit Affidavit of Melissa Anne Siebert in Support of Motion for Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Siebert, Melissa)
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Filing 12
LETTER addressed to Judge Andrew L. Carter, Jr. from Michael E. Rayfield dated February 2, 2023 re: requesting a pre-motion conference pursuant to Individual Rule 2(A). Document filed by NFL Enterprises, LLC, National Football League..(Rayfield, Michael)
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/22/2022) (ama)
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Set/Reset Deadlines: NFL Enterprises, LLC answer due 2/2/2023; National Football League answer due 2/2/2023. (ama)
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Filing 10
CONSENT LETTER MOTION for Extension of Time to File Responses Pleading addressed to Judge Andrew L. Carter, Jr. from Michael Rayfield dated December 20, 2022. Document filed by NFL Enterprises, LLC, National Football League..(Rayfield, Michael)
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Filing 9
NOTICE OF APPEARANCE by Michael Evan Rayfield on behalf of NFL Enterprises, LLC, National Football League..(Rayfield, Michael)
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Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. NFL Enterprises, LLC waiver sent on 11/2/2022, answer due 1/1/2023. Document filed by Steven Checchia; Donavon Thompson; Jim Alex; Norman Clark; Adella Gonzalez; Richard Funderburk; Mark Bowers; Christopher Horton; Boyce Brown..(Reich, Mark)
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Filing 7
WAIVER OF SERVICE RETURNED EXECUTED. National Football League waiver sent on 11/2/2022, answer due 1/1/2023. Document filed by Steven Checchia; Donavon Thompson; Jim Alex; Norman Clark; Adella Gonzalez; Richard Funderburk; Mark Bowers; Christopher Horton; Boyce Brown..(Reich, Mark)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to National Football League. (vf)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to NFL Enterprises, LLC. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Samuel Reich. The party information for the following party/parties has been modified: Steven Checchia, Donavon Thompson, Jim Alex, Norman Clark, Adella Gonzalez, Richard Funderburk, Mark Bowers, Christopher Horton, Boyce Brown. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Samuel Reich. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Case Designated ECF. (vf)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to National Football League, re: #1 Complaint,. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to NFL Enterprises, LLC, re: #1 Complaint,. Document filed by Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton, Donavon Thompson..(Reich, Mark)
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Filing 2
CIVIL COVER SHEET filed..(Reich, Mark)
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Filing 1
COMPLAINT against NFL Enterprises, LLC, National Football League. (Filing Fee $ 402.00, Receipt Number ANYSDC-26883540)Document filed by Steven Checchia, Donavon Thompson, Jim Alex, Norman Clark, Adella Gonzalez, Richard Funderburk, Mark Bowers, Christopher Horton, Boyce Brown. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Reich, Mark)
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