Weinberg v. National Football League Players Association et al Featured Case

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.

Plaintiff: Steve Weinberg
Defendant: 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
Case Number: 3:2006cv02332
Filed: December 18, 2006
Court: US District Court for the Northern District of Texas
Office: Labor: Labor/Mgt. Relations Office
County: Dallas
Presiding Judge: Jane J Boyle
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 29:185 Labor/Mgt. Relations (Contracts)
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2008 ***Civil Case Terminated per memorandum order filed 11/5/08. (jyg)
November 5, 2008 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)
September 3, 2008 Filing 61 Appeal Record Returned: (1) volume, (1) transcript. The electronic copy of the record has been recycled. (lmp)
September 3, 2008 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)
September 3, 2008 Filing 59 USCA5 BILL OF COSTS. (lmp)
September 3, 2008 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)
August 13, 2008 Opinion or Order 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)
August 12, 2008 Filing 56 MOTION to Withdraw as Attorney for Bart Higgins filed by Steve Weinberg (Shields, Robert)
August 12, 2008 Filing 55 MOTION to Withdraw as Attorney filed by Steve Weinberg (Shields, Robert)
December 14, 2007 Filing 54 Record on Appeal Transmitted to Ralph Miller re 48 Notice of Appeal - USCA5 Number: 07-10765. (jmr)
December 4, 2007 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).
October 10, 2007 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)
August 27, 2007 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)
August 15, 2007 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)
August 6, 2007 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)
July 30, 2007 USCA Case Number 07-10765 in USCA for 48 Notice of Appeal filed by Steve Weinberg. (jmr)
July 17, 2007 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)
July 13, 2007 Filing 49 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Appeal. (jmr)
July 13, 2007 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)
June 19, 2007 ***Civil Case Terminated. (per chambers) (jrb)
June 19, 2007 Opinion or Order Filing 47 ORDER granting 13 Motion to Compel Arbitration and Dismiss. (Signed by Judge Jane J Boyle on 06/19/07) (Boyle, Jane)
June 18, 2007 Opinion or Order Filing 46 ORDER denying 20 Motion to Remand to State Court. (Signed by Judge Jane J Boyle on 06/18/07) (Boyle, Jane)
June 14, 2007 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)
June 13, 2007 Filing 45 AMENDED COMPLAINT against all defendants filed by Steve Weinberg. (Barash, Eugene)
June 13, 2007 Filing 44 MOTION for Leave to File Second Amended Petition by Steve Weinberg (Barash, Eugene)
June 6, 2007 Filing 43 MOTION FOR SUBSTITUTED SERVICE OF TONY AGNONE by Steve Weinberg (Attachments: # 1 Exhibit "B" Affidavit of Due Diligence) (Barash, Eugene)
June 6, 2007 Filing 42 MOTION FOR SUBSTITUTED SERVICE OF HOWARD SHATSKY by Steve Weinberg (Attachments: # 1 Exhibit "A" Affidavit of Due Diligence) (Barash, Eugene)
May 21, 2007 Opinion or Order 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)
May 7, 2007 Opinion or Order 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)
April 18, 2007 Filing 39 NOTICE by Steve Weinberg Notice of Withdrawal of Counsel. Party cv2331 added. (Barash, Eugene)
April 13, 2007 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)
April 9, 2007 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)
April 6, 2007 Filing 36 MOTION FOR JUDICIAL NOTICE OF ORDER AND OPINION by Steve Weinberg (Attachments: # 1 Exhibit A) (Shields, Robert)
April 5, 2007 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).
March 27, 2007 Opinion or Order 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)
March 27, 2007 Filing 33 REPLY filed by Steve Weinberg re 20 MOTION to Remand to State Court (Shields, Robert)
March 20, 2007 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)
March 6, 2007 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)
March 6, 2007 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)
March 5, 2007 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)
March 1, 2007 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)
March 1, 2007 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)
February 20, 2007 Opinion or Order 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)
February 12, 2007 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).
February 6, 2007 Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steve Weinberg. (Dunwoody, S)
February 1, 2007 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)
February 1, 2007 Filing 22 RESPONSE in Opposition filed by Steve Weinberg re 6 MOTION to Dismiss for Lack of Jurisdiction (Dunwoody, S)
January 31, 2007 Filing 21 RESPONSE in Opposition filed by Steve Weinberg re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Dunwoody, S)
January 31, 2007 Filing 20 MOTION to Remand to State Court by Steve Weinberg with Brief in Support. (Dunwoody, S)
January 25, 2007 Set/Reset Deadlines as to 13 Motion to Compel,. Replies due by 3/1/2007. (jrb)
January 25, 2007 Set/Reset Deadlines as to 6 Motion to Dismiss/Lack of Jurisdiction. Responses due by 2/1/2007 (jrb)
January 25, 2007 Set/Reset Deadlines as to 13 Motion to Compel,. Responses due by 1/31/2007 (jrb)
January 25, 2007 Opinion or Order 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)
January 22, 2007 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)
January 18, 2007 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)
January 16, 2007 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).
January 16, 2007 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).
January 9, 2007 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)
January 9, 2007 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)
January 4, 2007 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, )
January 4, 2007 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, )
January 4, 2007 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, )
January 4, 2007 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, )
December 27, 2006 Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roger Kaplan. (Butler, Allen)
December 27, 2006 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)
December 27, 2006 Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Roger Kaplan (Butler, Allen)
December 21, 2006 Opinion or Order 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, )
December 21, 2006 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)
December 18, 2006 Filing 3 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jane J Boyle on 12/18/2006) (axm, )
December 18, 2006 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, )
December 18, 2006 ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, )
December 18, 2006 DEMAND for Trial by Jury by Steve Weinberg. (contained within notice of removal) (axm, )
December 18, 2006 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, ).

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Search for this case: Weinberg v. National Football League Players Association et al
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Plaintiff: Steve Weinberg
Represented By: Robert Brian Shields
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Defendant: National Football League Players Association
Represented By: Ralph I Miller
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Defendant: Richard Berthelsen
Represented By: Ralph I Miller
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Defendant: Gene Upshaw
Represented By: Ralph I Miller
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Defendant: Tom DePaso
Represented By: Ralph I Miller
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Defendant: Trace Armstrong
Represented By: Ralph I Miller
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Defendant: Roger Kaplan
Represented By: Allen Butler
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Defendant: John Collins
Represented By: Ralph I Miller
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Defendant: Keith Washington
Represented By: Ralph I Miller
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Defendant: Tony Agnone
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Defendant: Howard Shatsky
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Defendant: Mark Levin
Represented By: Ralph I Miller
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