Weinberg v. National Football League Players Association et al
Plaintiff Steve Weinberg challenges the authority of the National Football League Players Association (NFLPA) under federal law to regulate the conduct of Contract Advisors who serve on the union's behalf.
| Steve Weinberg |
| National Football League Players Association, Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, Roger Kaplan, John Collins, Keith Washington, Tony Agnone, Howard Shatsky and Mark Levin |
| 3:2006cv02332 |
| December 18, 2006 |
| US District Court for the Northern District of Texas |
| Labor: Labor/Mgt. Relations Office |
| Dallas |
| Jane J Boyle |
| Plaintiff |
| Federal Question |
| 29:185 Labor/Mgt. Relations (Contracts) |
Docket Report
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| Filing 62 Memorandum Order: Defendant Roger Kaplan's Motion to Dismiss for Lack of Personal Jurisdiction is hereby GRANTED. Plaintiff's claims against Defendant Kaplan are hereby DISMISSED. (see order) (Ordered by Judge Jane J Boyle on 11/5/2008) (axm) |
| ***Civil Case Terminated per memorandum order filed 11/5/08. (jyg) |
| Filing 61 Appeal Record Returned: (1) volume, (1) transcript. The electronic copy of the record has been recycled. (lmp) |
| Filing 60 JUDGMENT/MANDATE of USCA as to 48 Notice of Appeal filed by Steve Weinberg. Case remanded to the district court for further proceedings. Issued as Mandate: 08/29/08. It is ordered and adjudged that the judgment of the District Court is affirmed in part and vacated in part, and the cause is remanded to the District Court with instructions to consider Kaplan's motion to dismiss on remand. (lmp) |
| Filing 59 USCA5 BILL OF COSTS. (lmp) |
| Filing 58 Opinion of USCA (certified copy) in accordance with USCA judgment re 48 Notice of Appeal filed by Steve Weinberg. Accordingly, we AFFIRM thegrant of the motion. However, we VACATE the district court's order regarding Defendant-Appellee Roger Kaplan, and we INSTRUCT the district court to consider Kaplan's motion to dismiss on remand. (lmp) |
Filing 57
ORDER granting 56 Motion to Withdraw as Attorney. Attorney Bart F Higgins terminated. (Signed by Judge Jane J Boyle on 8/13/08) (klm)
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| Filing 56 MOTION to Withdraw as Attorney for Bart Higgins filed by Steve Weinberg (Shields, Robert) |
| Filing 55 MOTION to Withdraw as Attorney filed by Steve Weinberg (Shields, Robert) |
| Filing 54 Record on Appeal Transmitted to Ralph Miller re 48 Notice of Appeal - USCA5 Number: 07-10765. (jmr) |
| Filing 53 NOTICE of Transfer of the 5th Circuit Record on Appeal to Steve Weinberg. (4 volumes, 1 transcript) (lmp) Modified on 12/11/2007 (jmr). |
| Filing 52 NOTICE of Change of Law Firm Name by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association. (Miller, Ralph) |
| Record on Appeal Certified to US Court of Appeals, 5th Circuit re 48 Notice of Appeal - USCA5 Number: 07-10765. 4 vol. electronic record, 1 transcript. (jmr) |
| Filing 51 Transcript Order Form by attorney for Plaintiff: transcript not requested re 48 Notice of Appeal. Transcript is already on file in Clerk's office. (jmr) |
| Filing 50 TRANSCRIPT of Hearing on Plaintiff's Motion to Remand and a Motion to Compel Arbitration filed for dates of 06/14/2007 before Judge Jane J Boyle re 48 Notice of Appeal. Court Reporter Name/Phone Number: Shawnie Archuleta at 214/753-2747. District Clerk Phone Number: 214/753-2200. ***The Official Record of the transcript is on file with the clerk's office. Contact either the clerk's office or the court reporter at phone numbers listed above to obtain a copy of the Official Record.*** (axm) |
| USCA Case Number 07-10765 in USCA for 48 Notice of Appeal filed by Steve Weinberg. (jmr) |
| Receipt of payment for USCA Appeal Fee. Authorized by 49 Transmission of Notice of Appeal and Docket Sheet to USCA. $455.00; Receipt # DS013235. (ddb) |
| Filing 49 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Appeal. (jmr) |
| Filing 48 NOTICE OF APPEAL as to 46 Order on Motion to Remand to State Court, 47 Order on Motion to Compel by Steve Weinberg. (Shields, Robert) |
| ***Civil Case Terminated. (per chambers) (jrb) |
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Filing 47
ORDER granting 13 Motion to Compel Arbitration and Dismiss. (Signed by Judge Jane J Boyle on 06/19/07) (Boyle, Jane)
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Filing 46
ORDER denying 20 Motion to Remand to State Court. (Signed by Judge Jane J Boyle on 06/18/07) (Boyle, Jane)
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| Minute Entry for proceedings held before Judge Jane J Boyle : Motion Hearing held on 06/14/07 re 13 Motion to Compel, filed by Mark Levin, John Collins, Trace Armstrong, Richard Berthelsen, National Football League Players Association, Tom DePaso, Keith Washington, Gene Upshaw, 20 Motion to Remand to State Court filed by Steve Weinberg. Attorney Appearances: Plaintiff - Lawrence Friedman; Defense - Jeffrey L. Kessler. (Court Reporter Shawnie Archuleta.) Time in Court: 1 hour 50 minutes. (psm) |
| Filing 45 AMENDED COMPLAINT against all defendants filed by Steve Weinberg. (Barash, Eugene) |
| Filing 44 MOTION for Leave to File Second Amended Petition by Steve Weinberg (Barash, Eugene) |
| Filing 43 MOTION FOR SUBSTITUTED SERVICE OF TONY AGNONE by Steve Weinberg (Attachments: # 1 Exhibit "B" Affidavit of Due Diligence) (Barash, Eugene) |
| Filing 42 MOTION FOR SUBSTITUTED SERVICE OF HOWARD SHATSKY by Steve Weinberg (Attachments: # 1 Exhibit "A" Affidavit of Due Diligence) (Barash, Eugene) |
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Filing 41
ORDER: A hearing on the Motion to Compel Arbitration and to Dismiss (doc. 13) filed by Defendants National Football League Players Association, Richard Berthelson, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, and Mark Levin on January 9, 2007, and the Motion to Remand (doc. 20) filed by Plaintiff Steve Weinberg on January 31, 2007, is set for Thursday, June 14, 2007, at 3:00 p.m. (Signed by Judge Jane J Boyle on 05/21/07) (psm)
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Filing 40
ORDER TO SHOW CAUSE: The Court hereby puts Plaintiff on notice that Defendants Tony Agnone and Howard Shatsky may be dismissed for failure to file a valid return of service.By June 7, 2007, Plaintiff must file a valid return of service as to Defendants Tony Agnone and Howard Shatsky, or show good cause in writing why service cannot be made, or Defendants Tony Agnone and Howard Shatsky may be dismissed without further notice (Signed by Judge Jane J Boyle on 05/07/07) (psm)
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| Filing 39 NOTICE by Steve Weinberg Notice of Withdrawal of Counsel. Party cv2331 added. (Barash, Eugene) |
| Filing 38 MOTION / Request for Oral Argument re 13 MOTION to Compel Arbitration and to Dismiss the Petition, 20 MOTION to Remand to State Court by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Proposed Order) (Miller, Ralph) |
| Filing 37 Unopposed MOTION for Leave to File Supplemental Authority in Support of The NFLPA Defendants' Motion to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Exhibit A# 2 Proposed Order) (Miller, Ralph) |
| Filing 36 MOTION FOR JUDICIAL NOTICE OF ORDER AND OPINION by Steve Weinberg (Attachments: # 1 Exhibit A) (Shields, Robert) |
| Filing 35 SUPPLEMENTAL RESPONSE TO DEFENDANT ROGER KAPLAN'S 6 MOTION to Dismiss for Lack of Jurisdiction filed by Steve Weinberg (Attachments: # 1 Exhibit A to Supplemental Response) (Shields, Robert) Modified on 4/6/2007 (npk). |
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Filing 34
ORDER granting 32 Motion to Extend Time to File Response/Reply. Replies due by 3/29/2007. (Signed by Judge Jane J Boyle on 3/27/07) (jrb)
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| Filing 33 REPLY filed by Steve Weinberg re 20 MOTION to Remand to State Court (Shields, Robert) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply Brief in Support of His Motion to Remand by Steve Weinberg with Brief in Support. (Attachments: # 1 Unopposed Order) (Boisvert, Carter) |
| Filing 31 Appendix in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re 30 Response to Motion (Attachments: # 1 App. 1 - 22# 2 App. 23 - 50# 3 App. 51 - 77# 4 App. 78 - 92) (Miller, Ralph) |
| Filing 30 RESPONSE filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re 20 MOTION to Remand to State Court (Miller, Ralph) |
| Filing 29 REPLY filed by Roger Kaplan re 6 MOTION to Dismiss for Lack of Jurisdiction and Plaintiff's Response to Kaplan's Motion to Dismiss (Attachments: # 1 Supplement Copy of Double Eagle case cited in Reply# 2 Appendix in Support of Reply of Roger Kaplan) (Butler, Allen) |
| Filing 28 AFFIDAVIT re 27 Brief/Memorandum in Support of Motion, [ Affidavit of Aaron D. Ford ] by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association. (Attachments: # 1 Exs. 1 - 5) (Miller, Ralph) |
| Filing 27 Brief/Memorandum in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Miller, Ralph) |
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Filing 26
ORDER granting 25 Motion to Extend Time. It is therefore ORDERED that Defendant Roger Kaplan must file his reply to Plaintiff's Response to Defendant Kaplan's Motion to Dismiss by March 5, 2007. (Signed by Judge Jane J Boyle on 02/20/07) (psm)
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| Filing 25 Expedited Agreed MOTION to Extend Time to File Reply to Plaintiff Steve Weinberg's Response to Kaplan's Motion to Dismiss for Lack of Personal Jurisdiction by Roger Kaplan (Butler, Allen) Modified on 2/13/2007 (jb). |
| Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steve Weinberg. (Dunwoody, S) |
| Filing 23 Appendix in Support filed by Steve Weinberg re 22 Response in Opposition Defendant Kaplan's Motion to Dismiss (Attachments: # 1 Appendix Response to Motion to Dismiss# 2 Appendix) (Dunwoody, S) |
| Filing 22 RESPONSE in Opposition filed by Steve Weinberg re 6 MOTION to Dismiss for Lack of Jurisdiction (Dunwoody, S) |
| Filing 21 RESPONSE in Opposition filed by Steve Weinberg re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Dunwoody, S) |
| Filing 20 MOTION to Remand to State Court by Steve Weinberg with Brief in Support. (Dunwoody, S) |
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Filing 19
ORDER granting 15 Motion to Extend Time.; granting 16 Motion to Extend Time.; granting 18 Motion to Extend Time. See order for deadlines. (Signed by Judge Jane J Boyle on 1/25/07) (jrb)
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| Set/Reset Deadlines as to 13 Motion to Compel,. Responses due by 1/31/2007 (jrb) |
| Set/Reset Deadlines as to 13 Motion to Compel,. Replies due by 3/1/2007. (jrb) |
| Set/Reset Deadlines as to 6 Motion to Dismiss/Lack of Jurisdiction. Responses due by 2/1/2007 (jrb) |
| Filing 18 Agreed MOTION to Extend Time by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association (Attachments: # 1 Proposed Order) (Miller, Ralph) |
| Filing 17 Application and Order for Admission Pro Hac Vice by David G Feher for Richard Berthelsen and Gene Upshaw (Signed by Judge Jane J Boyle on 1/17/07) (jrb) |
| Filing 16 Expedited Agreed MOTION to Extend Deadline to File Response to Defendant Roger P Kaplan's Motion to Dismiss for Lack of Personal Jurisdiction by Steve Weinberg (Attachments: # 1 Text of Proposed Order Agreed Order) (Shaver, Steven) Modified on 1/18/2007 (jrb). |
| Filing 15 Expedited Agreed MOTION to Extend Deadline to File Plaintiff's Motion to Remand and to File Plaintiffs' Response to Defendants' Motion to Compel Arbitration and to Dismiss Petition by Steve Weinberg (Attachments: # 1 Text of Proposed Order Agreed Order) (Shaver, Steven) Modified on 1/18/2007 (jrb). |
| Filing 14 Appendix in Support filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Attachments: # 1 App.1 - 29# 2 App. 30 - 63# 3 App. 64 - 94# 4 App. 95 - 123# 5 App. 124 - 147# 6 148 - 172) (Miller, Ralph) |
| Filing 13 MOTION to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association with Brief in Support. (Attachments: # 1 Proposed Order) (Miller, Ralph) |
| Filing 12 Application and Order for Admission Pro Hac Vice by Molly Donovan for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) |
| Filing 11 Application and Order for Admission Pro Hac Vice by Jeffrey L Kessler for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) |
| Filing 10 Application and Order for Admission Pro Hac Vice by Adam J Kaiser for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) |
| Filing 9 Application and Order for Admission Pro Hac Vice by David Greenspan for Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin and National Football League Players Assoc. (Signed by Judge Jane J Boyle on 1/4/07) (jrb, ) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roger Kaplan. (Butler, Allen) |
| Filing 7 Brief/Memorandum in Support filed by Roger Kaplan re 6 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Appendix in Support of Roger P. Kaplan's Motion to Dismiss and Brief in Support) (Butler, Allen) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Roger Kaplan (Butler, Allen) |
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Filing 5
ORDER granting 4 Emergency Motion for Extension of Time to File Answer, Move, or Otherwise Respond to the Petition. Richard Berthelsen answer due 1/9/2007; Gene Upshaw answer due 1/9/2007; Tom DePaso answer due 1/9/2007; Trace Armstrong answer due 1/9/2007; John Collins answer due 1/9/2007; Keith Washington answer due 1/9/2007; Mark Levin answer due 1/9/2007; National Football League Players Association answer due 1/9/2007. (Signed by Judge Jane J Boyle on 12/21/06) (svc, )
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| Filing 4 Emergency Motion for Extension of Time to File Answer , Move, or Otherwise Respond to the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association with Memorandum of Law in Support Thereof. (Attachments: # 1 Proposed Order) (Miller, Ralph) |
| Filing 3 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jane J Boyle on 12/18/2006) (axm, ) |
| Filing 2 Defendants' CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association. (axm, ) |
| Filing 1 Defendants' NOTICE OF REMOVAL from 95th Judicial District Court of Dallas County, Texas, case number 06-11845 filed by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association. (Filing fee $ 350; receipt number 7003) (Attachments: # 1 Exhibit A# 2 Exhibit A-1# 3 Exhibit A-2# 4 Exhibit A-3# 5 Exhibit A-4# 6 Exhibit B# 7 Exhibit C# 8 Exhibit D# 9 Exhibit E# 10 Civil Cover Sheet # 11 Supplemental Civil Cover Sheet) (axm, ) Modified on 12/19/2006 (axm, ). |
| DEMAND for Trial by Jury by Steve Weinberg. (contained within notice of removal) (axm, ) |
| ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) |
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