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.
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:Texas Northern District Court
Office:Labor: Labor/Mgt. Relations Office [ Court Info ]
County:Dallas
Presiding Judge:Judge Jane J Boyle
 
Nature of Suit:Labor - Labor/Management Relations
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:29:185 Labor/Mgt. Relations (Contracts)

Date Filed

#

Docket Text

December 18, 2006 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, ). (Entered: 12/18/2006)
December 18, 2006   DEMAND for Trial by Jury by Steve Weinberg. (contained within notice of removal) (axm, ) (Entered: December 18, 2006)
December 18, 2006   ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: December 18, 2006)
December 18, 2006 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, ) (Entered: December 18, 2006)
December 18, 2006 3 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jane J Boyle on 12/18/2006) (axm, ) (Entered: December 18, 2006)
December 21, 2006 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) (Entered: December 21, 2006)
December 21, 2006 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, ) (Entered: December 22, 2006)
December 27, 2006 6 MOTION to Dismiss for Lack of Jurisdiction by Roger Kaplan (Butler, Allen) (Entered: December 27, 2006)
December 27, 2006 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) (Entered: December 27, 2006)
December 27, 2006 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roger Kaplan. (Butler, Allen) (Entered: December 27, 2006)
January 4, 2007 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, ) (Entered: January 5, 2007)
January 4, 2007 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, ) (Entered: January 5, 2007)
January 4, 2007 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, ) (Entered: January 5, 2007)
January 4, 2007 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, ) (Entered: January 5, 2007)
January 9, 2007 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) (Entered: January 9, 2007)
January 9, 2007 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) (Entered: January 9, 2007)
January 16, 2007 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). (Entered: January 16, 2007)
January 16, 2007 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). (Entered: January 16, 2007)
January 18, 2007 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) (Entered: January 18, 2007)
January 22, 2007 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) (Entered: January 22, 2007)
January 25, 2007 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) (Entered: January 25, 2007)
January 25, 2007   Set/Reset Deadlines as to 13 Motion to Compel,. Responses due by 1/31/2007 (jrb) (Entered: January 25, 2007)
January 25, 2007   Set/Reset Deadlines as to 6 Motion to Dismiss/Lack of Jurisdiction. Responses due by 2/1/2007 (jrb) (Entered: January 25, 2007)
January 25, 2007   Set/Reset Deadlines as to 13 Motion to Compel,. Replies due by 3/1/2007. (jrb) (Entered: January 25, 2007)
January 31, 2007 20 MOTION to Remand to State Court by Steve Weinberg with Brief in Support. (Dunwoody, S) (Entered: January 31, 2007)
January 31, 2007 21 RESPONSE in Opposition filed by Steve Weinberg re 13 MOTION to Compel Arbitration and to Dismiss the Petition (Dunwoody, S) (Entered: January 31, 2007)
February 1, 2007 22 RESPONSE in Opposition filed by Steve Weinberg re 6 MOTION to Dismiss for Lack of Jurisdiction (Dunwoody, S) (Entered: February 1, 2007)
February 1, 2007 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) (Entered: February 1, 2007)
February 6, 2007 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steve Weinberg. (Dunwoody, S) (Entered: February 6, 2007)
February 12, 2007 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). (Entered: February 12, 2007)
February 20, 2007 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) (Entered: 02/20/2007)
March 1, 2007 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) (Entered: March 1, 2007)
March 1, 2007 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) (Entered: March 1, 2007)
March 5, 2007 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) (Entered: March 5, 2007)
March 6, 2007 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) (Entered: March 6, 2007)
March 6, 2007 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) (Entered: March 6, 2007)
March 20, 2007 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) (Entered: March 20, 2007)
March 27, 2007 33 REPLY filed by Steve Weinberg re 20 MOTION to Remand to State Court (Shields, Robert) (Entered: March 27, 2007)
March 27, 2007 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) (Entered: March 28, 2007)
April 5, 2007 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). (Entered: April 5, 2007)
April 6, 2007 36 MOTION FOR JUDICIAL NOTICE OF ORDER AND OPINION by Steve Weinberg (Attachments: # 1 Exhibit A) (Shields, Robert) (Entered: April 6, 2007)
April 9, 2007 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) (Entered: April 9, 2007)
April 13, 2007 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) (Entered: April 13, 2007)
April 18, 2007 39 NOTICE by Steve Weinberg Notice of Withdrawal of Counsel. Party cv2331 added. (Barash, Eugene) (Entered: April 18, 2007)
May 7, 2007 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) (Entered: May 7, 2007)
May 21, 2007 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) (Entered: May 21, 2007)
June 6, 2007 42 MOTION FOR SUBSTITUTED SERVICE OF HOWARD SHATSKY by Steve Weinberg (Attachments: # 1 Exhibit "A" Affidavit of Due Diligence) (Barash, Eugene) (Entered: June 6, 2007)
June 6, 2007 43 MOTION FOR SUBSTITUTED SERVICE OF TONY AGNONE by Steve Weinberg (Attachments: # 1 Exhibit "B" Affidavit of Due Diligence) (Barash, Eugene) (Entered: June 6, 2007)
June 13, 2007 44 MOTION for Leave to File Second Amended Petition by Steve Weinberg (Barash, Eugene) (Entered: June 13, 2007)
June 13, 2007 45 AMENDED COMPLAINT against all defendants filed by Steve Weinberg. (Barash, Eugene) (Entered: June 13, 2007)
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) (Entered: June 14, 2007)
June 18, 2007 46 ORDER denying 20 Motion to Remand to State Court. (Signed by Judge Jane J Boyle on 06/18/07) (Boyle, Jane) (Entered: June 18, 2007)
June 19, 2007 47 ORDER granting 13 Motion to Compel Arbitration and Dismiss. (Signed by Judge Jane J Boyle on 06/19/07) (Boyle, Jane) (Entered: June 19, 2007)
June 19, 2007   ***Civil Case Terminated. (per chambers) (jrb) (Entered: June 29, 2007)
July 13, 2007 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) (Entered: 07/13/2007)
July 13, 2007 49 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Appeal. (jmr) (Entered: July 13, 2007)
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) (Entered: July 17, 2007)
July 30, 2007   USCA Case Number 07-10765 in USCA for 48 Notice of Appeal filed by Steve Weinberg. (jmr) (Entered: July 30, 2007)
August 6, 2007 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) (Entered: August 7, 2007)
August 15, 2007 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) (Entered: 08/15/2007)
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) (Entered: August 27, 2007)
Docket Report Last Checked: November 29, 2007 14:40:53 PST
Search for this case: Weinberg v. National Football League Players Association et al
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Plaintiff: Steve Weinberg
Represented By: Eugene Barash, Carter Boisvert, Lawrence J Friedman, Bart F Higgins, Steven R Shaver, Robert Brian Shields
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Defendant: National Football League Players Association
Represented By: Jeffrey L Kessler, Adam J Kaiser, David Greenspan, Aaron D Ford, David G Feher, Molly Donovan, Ralph I Miller
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Defendant: Richard Berthelsen
Represented By: Jeffrey L Kessler, Adam J Kaiser, David Greenspan, Aaron D Ford, David G Feher, Molly Donovan, Ralph I Miller
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Defendant: Gene Upshaw
Represented By: Ralph I Miller, Jeffrey L Kessler, David Greenspan, Adam J Kaiser, Molly Donovan, David G Feher, Aaron D Ford
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Defendant: Tom DePaso
Represented By: David Greenspan, Adam J Kaiser, Jeffrey L Kessler, Ralph I Miller, David G Feher, Aaron D Ford, Molly Donovan
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Defendant: Trace Armstrong
Represented By: Ralph I Miller, Jeffrey L Kessler, Adam J Kaiser, Molly Donovan, David G Feher, Aaron D Ford, David Greenspan
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Defendant: Roger Kaplan
Represented By: Allen Butler
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Defendant: John Collins
Represented By: Jeffrey L Kessler, Molly Donovan, Ralph I Miller, David Greenspan, Adam J Kaiser, Aaron D Ford, David G Feher
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Defendant: Keith Washington
Represented By: Molly Donovan, David G Feher, Ralph I Miller, Aaron D Ford, David Greenspan, Adam J Kaiser, Jeffrey L Kessler
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Defendant: Tony Agnone
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Defendant: Howard Shatsky
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Defendant: Mark Levin
Represented By: Molly Donovan, David G Feher, Aaron D Ford, Jeffrey L Kessler, Adam J Kaiser, David Greenspan, Ralph I Miller
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