Professional Documents
Culture Documents
North American Soccer League, LLC v. United States Soccer Date Filed: 09/19/2017
Federation, Inc. Jury Demand: None
Assigned to: Judge Margo K. Brodie Nature of Suit: 410 Anti-Trust
Referred to: Magistrate Judge Steven Tiscione Jurisdiction: Federal Question
Cause: 15:1 Antitrust Litigation
Plaintiff
North American Soccer League, LLC represented by David G. Feher
Winston & Strawn LLP
200 Park Avenue
New York
New York, NY 10166
212-294-6700
Fax: 212-294-4700
Email: dfeher@winston.com
ATTORNEY TO BE NOTICED
Heather Lamberg-Kafele
Winston & Strawn LLP
1700 K Street Nw
Washington, Dc, DC 20006
202-282-5000
Fax: 202-282-5100
Email: hkafele@winston.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jeffrey L. Kessler
Winston & Strawn LLP
200 Park Avenue
New York, NY 10166
212-294-6700
Fax: 212-294-4700
Email: jkessler@winston.com
ATTORNEY TO BE NOTICED
V.
Defendant
United States Soccer Federation, Inc. represented by Christopher S. Yates
Latham & Watkins LLP
505 Montgomery Street
Suite 2000
San Francisco, CA 94111
(415)391-0600
Fax: (415)395-8095
Email: chris.yates@lw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Russell F. Sauer
Latham & Watkins LLP
355 South Grand Avenue
Suite 100
Los Angeles, CA 90071
(213)485-1234
Fax: (213)891-8763
Email: russell.sauer@lw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Alan J. Devlin
Latham & Watkins LLP
555 Eleventh Street, Nw
Suite 1000
Washington, DC 20004
(202)637-2200
Fax: (202)637-2201
Email: alan.devlin@lw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
09/20/2017 4 Summons Issued as to United States Soccer Federation, Inc.. (Galeano, Sonia) (Entered:
09/20/2017)
09/20/2017
5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule
73.1, the parties are notified that if all parties consent a United States magistrate judge
of this court is available to conduct all proceedings in this civil action including a (jury
or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a
blank copy of the consent form that should be filled out, signed and filed electronically
only if all parties wish to consent. The form may also be accessed at the following link:
http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may
withhold your consent without adverse substantive consequences. Do NOT return
or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
(Entered: 09/20/2017)
09/20/2017 6 This attorney case opening filing has been checked for quality control. See the
attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered:
09/20/2017)
09/20/2017 7 Letter MOTION to Expedite briefing schedule, hearing, and decision of Plaintiff's
Motion for Preliminary Injunction, by North American Soccer League, LLC. (Kessler,
Jeffrey) (Entered: 09/20/2017)
09/20/2017 ORDER re 7 Plaintiff's Letter for an Expedited Briefing Schedule. The parties are
ordered to confer and submit a proposed briefing schedule regarding plaintiff's motion
for a preliminary injunction. Ordered by Judge Margo K. Brodie on 9/20/2017.
(Hawkins, Salah) (Entered: 09/20/2017)
09/22/2017 8 Letter MOTION to Expedite in furtherance of the Plaintiff's request for an expedited
briefing schedule, hearing, and decision on the Motion for a Preliminary Injunction,
and in re: 9/20/2017 ORDER re 7 Plaintiff's Letter, by North American Soccer League,
LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kessler, Jeffrey)
(Entered: 09/22/2017)
09/22/2017 9 NOTICE of Appearance by Lawrence Edward Buterman on behalf of United States
Soccer Federation, Inc. (aty to be noticed) (Buterman, Lawrence) (Entered: 09/22/2017)
09/22/2017 10 Corporate Disclosure Statement by United States Soccer Federation, Inc. (Buterman,
Lawrence) (Entered: 09/22/2017)
09/22/2017 11 RESPONSE in Opposition re 8 Letter MOTION to Expedite in furtherance of the
Plaintiff's request for an expedited briefing schedule, hearing, and decision on the
Motion for a Preliminary Injunction, and in re: 9/20/2017 ORDER re 7 Plaintiff's
Letter, filed by United States Soccer Federation, Inc.. (Attachments: # 1 Exhibit A, # 2
Exhibit B) (Buterman, Lawrence) (Entered: 09/22/2017)
09/22/2017 12 SUMMONS Returned Executed by North American Soccer League, LLC. United
States Soccer Federation, Inc. served on 9/20/2017, answer due 10/11/2017. (Kessler,
Jeffrey) (Entered: 09/22/2017)
09/22/2017 13 CERTIFICATE OF SERVICE by North American Soccer League, LLC re 7 Letter
MOTION to Expedite briefing schedule, hearing, and decision of Plaintiff's Motion for
Preliminary Injunction,, 3 Notice of MOTION for Preliminary Injunction (Kessler,
Jeffrey) (Entered: 09/22/2017)
09/22/2017 NOTICE of Hearing: Status Conference set for 9/26/2017 10:00 AM in Courtroom 6F
North before Judge Margo K. Brodie. (Francis-McLeish, Ogoro) (Entered: 09/22/2017)
09/25/2017 14 NOTICE of Appearance by Jeffrey L. Kessler on behalf of North American Soccer
League, LLC (notification declined or already on case) (Kessler, Jeffrey) (Entered:
09/25/2017)
10/04/2017 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-
9881194. by United States Soccer Federation, Inc.. (Attachments: # 1 Affidavit of
Christopher S. Yates, # 2 Exhibit A- Certificate of Good Standing, # 3 Proposed Order,
# 4 Certificate of Service) (Yates, Christopher) (Entered: 10/04/2017)
10/04/2017 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-
9881204. by United States Soccer Federation, Inc.. (Attachments: # 1 Affidavit of
Russell F. Sauer, Jr., # 2 Exhibit A- Certificate of Good Standing, # 3 Proposed Order, #
4 Certificate of Service) (Sauer, Russell) (Entered: 10/04/2017)
10/05/2017 ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. Having reviewed the
Pro Hac Vice application 19 submitted by Alan J. Devlin for Defendant United States
Soccer Federation, Inc. and found it to be in compliance with the local rules concerning
attorney admissions, the application is approved. If not already done, the attorney shall
register for ECF which is available online at the NYED's homepage. Once registered,
the attorney shall file a notice of appearance and ensure that he receives electronic
notifications of activity in this case. Also, the attorney shall ensure that the $150
admission fee is submitted to the Clerk's Office. So Ordered by Magistrate Judge
Steven Tiscione on 10/5/2017. (Vasquez, Lea) (Entered: 10/05/2017)
10/05/2017 ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Having reviewed the
Pro Hac Vice application 20 submitted by Christopher S. Yates for Defendant United
States Soccer Federation, Inc. and found it to be in compliance with the local rules
concerning attorney admissions, the application is approved. If not already done, the
attorney shall register for ECF which is available online at the NYED's homepage.
Once registered, the attorney shall file a notice of appearance and ensure that he
receives electronic notifications of activity in this case. Also, the attorney shall ensure
that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate
Judge Steven Tiscione on 10/5/2017. (Vasquez, Lea) (Entered: 10/05/2017)
10/05/2017 ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Having reviewed the
Pro Hac Vice application 21 submitted by Russell F. Sauer, Jr. for Defendant United
States Soccer Federation, Inc. and found it to be in compliance with the local rules
concerning attorney admissions, the application is approved. If not already done, the
attorney shall register for ECF which is available online at the NYED's homepage.
Once registered, the attorney shall file a notice of appearance and ensure that he
receives electronic notifications of activity in this case. Also, the attorney shall ensure
that the $150 admission fee is submitted to the Clerk's Office. So Ordered by Magistrate
Judge Steven Tiscione on 10/5/2017. (Vasquez, Lea) (Entered: 10/05/2017)
10/06/2017 22 NOTICE of Appearance by Christopher S. Yates on behalf of United States Soccer
Federation, Inc. (notification declined or already on case) (Attachments: # 1 Certificate
of Service) (Yates, Christopher) (Entered: 10/06/2017)
10/06/2017 23 NOTICE of Appearance by Russell F. Sauer on behalf of United States Soccer
Federation, Inc. (notification declined or already on case) (Attachments: # 1 Certificate
of Service) (Sauer, Russell) (Entered: 10/06/2017)
10/06/2017 24 NOTICE of Appearance by Alan J. Devlin on behalf of United States Soccer
Federation, Inc. (notification declined or already on case) (Attachments: # 1 Certificate
of Service) (Devlin, Alan) (Entered: 10/06/2017)
10/11/2017 25 Letter MOTION for pre motion conference by United States Soccer Federation, Inc..
(Buterman, Lawrence) (Entered: 10/11/2017)
10/12/2017 ORDER denying 25 letter request for Pre Motion Conference. The parties are directed
to confer and file a proposed briefing schedule for defendant's motion to dismiss on or
before October 26, 2017. Ordered by Judge Margo K. Brodie on 10/12/2017. (Chu,
Chan Hee) (Entered: 10/12/2017)
10/13/2017 Incorrect Case/Document/Entry Information therefore last entry was deleted. (Francis-
McLeish, Ogoro) (Entered: 10/13/2017)
10/16/2017 26 MEMORANDUM in Opposition re 3 Notice of MOTION for Preliminary Injunction
filed by United States Soccer Federation, Inc.. (Attachments: # 1 Declaration of Sunil
K. Gulati, # 2 Exhibits 1-17, # 3 Exhibits 18-28, # 4 Exhibits 29-40, # 5 Exhibts 41-62,
# 6 Declaration of Steven R. Peterson, Ph.D, # 7 Declaration of Steven Davidoff
Solomon, # 8 Objections to Expert Declaration of Stefan Szymanski, # 9 Objections to
Declaration of Rocco B. Commisso, # 10 Objections to Declaration of Mark E. Rizik,
Jr., # 11 Certificate of Service) (Buterman, Lawrence) (Entered: 10/16/2017)
10/16/2017 27 MEMORANDUM in Opposition re 3 Notice of MOTION for Preliminary Injunction ,
26 Memorandum in Opposition,, Corrected version of dkt. #26--re-filed due to
formatting error filed by United States Soccer Federation, Inc.. (Buterman, Lawrence)
(Entered: 10/16/2017)
10/20/2017 28 Joint MOTION for Protective Order by North American Soccer League, LLC. (Kessler,
Jeffrey) (Entered: 10/20/2017)
10/20/2017 ORDER granting 28 Motion for Protective Order. The motion for protective Order is
approved an hereby entered as an Order of the Court. So Ordered by Magistrate Judge
Steven Tiscione on 10/20/2017. (Vasquez, Lea) (Entered: 10/20/2017)
10/23/2017 29 Notice of MOTION to Seal Documents, by North American Soccer League, LLC.
(Attachments: # 1 Memorandum in Support, # 2 Declaration of Jeffrey L. Kessler, # 3
Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9
Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit
12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17,
# 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Proposed Order) (Kessler,
Jeffrey) (Entered: 10/23/2017)
10/27/2017 ORDER granting 42 Motion for Leave to Appear Pro Hac Vice. The attorney shall
register for ECF, registration is available online at the NYEDs homepage. Once
registered, the attorney shall file a notice of appearance and ensure that s/he receives
electronic notification of activity in this case. Also, the attorney shall ensure that the
150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice
Filing Fee. Ordered by Judge Margo K. Brodie on 10/27/2017. (Chu, Chan Hee)
(Entered: 10/27/2017)
10/29/2017 ORDER re Preliminary Injunction Hearing scheduled for October 31, 2017. The Court
has determined that plaintiff is seeking a mandatory injunction. The Court directs the
parties to be prepared to address primarily whether there is a "clear showing" of
entitlement to relief. Ordered by Judge Margo K. Brodie on 10/29/2017. (Chu, Chan
Hee) (Entered: 10/29/2017)
10/30/2017 43 NOTICE of Appearance by Heather Lamberg-Kafele on behalf of North American
Soccer League, LLC (notification declined or already on case) (Lamberg-Kafele,
Heather) (Entered: 10/30/2017)
10/31/2017 Minute Entry for proceedings held before Judge Margo K. Brodie:Motion Hearing held
on 10/31/2017 re 3 Notice of MOTION for Preliminary Injunction filed by North
American Soccer League, LLC. David G. Feher, Heather Lamberg-Kafele, Mark
Edward Rizik, Jr., and Jeffrey L. Kessler appeared on behalf of Plaintiff. Christopher S.
Yates, Lawrence Edward Buterman, Russell F. Sauer, and Adam Shamah appeared on
behalf of Defendant. The Court granted Defendant's request to file a sur-reply. Plaintiff
was directed to submit a letter to the Court with any objections. The Court heard
argument from the parties and reserved decision. (Court Reporter Charleane Heading.)
(Chu, Chan Hee) (Entered: 10/31/2017)
11/01/2017 44 Letter to the Hon. Margo K. Brodie re: Response to Plaintiff's New Reply Evidence by
United States Soccer Federation, Inc. (Attachments: # 1 Reply Declaration of Steven R.
Peterson, Ph.D., # 2 Reply Declaration of Steven Davidoff Solomon) (Buterman,
Lawrence) (Entered: 11/01/2017)
11/01/2017 45 DECLARATION re 44 Letter, --Declaration of Russell F. Sauer by United States
Soccer Federation, Inc. (Attachments: # 1 Exhibits 63-73, # 2 Exhibits 74-75, # 3
Exhibits 76-83) (Buterman, Lawrence) (Entered: 11/01/2017)
11/01/2017 46 MOTION for Leave to Electronically File Document under Seal by United States
Soccer Federation, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of
Jeff L'Hote, # 3 Certificate of Service) (Buterman, Lawrence) (Entered: 11/01/2017)
11/01/2017 ORDER granting 46 Motion for Leave to Electronically File Document under Seal.
Counsel is directed to file the original document under seal as a separate entry.
Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.
Ordered by Judge Margo K. Brodie on 11/1/2017. (Chu, Chan Hee) (Entered:
11/01/2017)
11/01/2017 47 DECLARATION of Jeff L'Hote by United States Soccer Federation, Inc. (Buterman,
Lawrence) (Entered: 11/01/2017)
11/02/2017 48 Letter in response to papers filed by United States Soccer Federation, Inc. on 11/1/2017
by North American Soccer League, LLC (Attachments: # 1 Expert Sur-Reply
Declaration of Stefan Szymanski) (Kessler, Jeffrey) (Entered: 11/02/2017)
11/04/2017 49 ORDER denying 3 Motion for Preliminary Injunction. For the foregoing reasons in this
attached Memorandum and Order, the Court denies Plaintiff's motion for preliminary
injunction. Ordered by Judge Margo K. Brodie on 11/4/2017. (Chu, Chan Hee)
(Entered: 11/04/2017)
11/05/2017
50 NOTICE OF APPEAL as to 49 Order on Motion for Preliminary Injunction, by North
American Soccer League, LLC. Filing fee $ 505, receipt number 0207-9957573.
(Kessler, Jeffrey) (Entered: 11/05/2017)
11/06/2017 Electronic Index to Record on Appeal sent to US Court of Appeals. 50 Notice of
Appeal Documents are available via Pacer. For docket entries without a hyperlink or for
documents under seal, contact the court and we'll arrange for the document(s) to be
made available to you. (McGee, Mary Ann) (Entered: 11/06/2017)
11/06/2017 51 Letter MOTION to Vacate Order, entered October 27, 2017, and to adjourn briefing on
USSF's planned motion to dismiss until the Second Circuit decides NASL's appeal by
United States Soccer Federation, Inc.. (Buterman, Lawrence) (Entered: 11/06/2017)
11/06/2017 ORDER granting 51 Motion to Vacate. The Motion to Vacate the October 27, 2017
Order is granted on consent. Ordered by Judge Margo K. Brodie on 11/6/2017. (Chu,
Chan Hee) (Entered: 11/06/2017)
02/23/2018 52 ORDER of USCA as to 50 Notice of Appeal filed by North American Soccer League,
LLC. It is Ordered that the Order of the District Court denying NASL's motion for a
preliminary injunction is AFFIRMED, and the matter is REMANDED for further
adjudication of this case on the merits. Certified Copy Issued 2/23/18. USCA Order
endorsed on USCA Opinion. USCA #17-3585. Please Note: The Mandate has not yet
been issued. (McGee, Mary Ann) (Entered: 02/23/2018)