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APPEAL,ACO

U.S. District Court


Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:17-cv-05495-MKB-ST

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

Isabelle Louise Mercier-Dalphond


Winston & Strawn LLP
200 Park Avenue
New York
New York, NY 10166
212-294-6700
Fax: 212-294-4700
Email: imercier@winston.com
ATTORNEY TO BE NOTICED

Mark Edward Rizik , Jr.


Winston & Strawn LLP
200 Park Avenue
#4511
NY, NY 10166
212-294-6700
Fax: 212-294-4700
Email: mrizik@winston.com
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

Lawrence Edward Buterman


Latham & Watkins LLP
885 Third Avenue
New York, NY 10022
212-906-1200
Fax: 212-751-4864
Email: lawrence.buterman@lw.com
LEAD ATTORNEY
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

Date Filed # Docket Text


09/19/2017 1 COMPLAINT against United States Soccer Federation, Inc. filing fee $ 400, receipt
number 0207-9840602 Was the Disclosure Statement on Civil Cover Sheet completed -
No,, filed by North American Soccer League, LLC. (Attachments: # 1 Civil Cover
Sheet, # 2 Proposed Summons) (Kessler, Jeffrey) (Entered: 09/19/2017)
09/19/2017 2 Corporate Disclosure Statement by North American Soccer League, LLC identifying
Corporate Parent California United Football Club, LLC, Corporate Parent Carolina FC,
LLC, Corporate Parent Fath Sports, Ltd., Corporate Parent FCSF, LLC, Corporate
Parent Indy Sports & Entertainment, LLC, Corporate Parent JAX Soccer Holdings,
LLC, Corporate Parent Mind Soccer Group, Inc., Corporate Parent New York Cosmos,
LLC, Corporate Parent Puerto Rico FC, LLC, Corporate Parent The Miami Football
Club, LLC for North American Soccer League, LLC. (Kessler, Jeffrey) (Entered:
09/19/2017)
09/19/2017 Case assigned to Judge Margo K. Brodie and Magistrate Judge Steven Tiscione. Please
download and review the Individual Practices of the assigned Judges, located on our
website. Attorneys are responsible for providing courtesy copies to judges where their
Individual Practices require such. (Bowens, Priscilla) (Entered: 09/20/2017)
09/20/2017 3 Notice of MOTION for Preliminary Injunction by North American Soccer League,
LLC. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Rocco B.
Commisso, # 3 Expert Declaration of Stefan Szymanski, # 4 Declaration of Mark E.
Rizik Jr., # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10
Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit
11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16,
# 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26
Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31
Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36
Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41
Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46
Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51
Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49, # 54 Exhibit 50, # 55 Exhibit 51, # 56
Exhibit 52, # 57 Exhibit 53, # 58 Exhibit 54) (Kessler, Jeffrey) (Entered: 09/20/2017)

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)

09/25/2017 15 NOTICE of Appearance by David G. Feher on behalf of North American Soccer


League, LLC (aty to be noticed) (Feher, David) (Entered: 09/25/2017)
09/25/2017 16 NOTICE of Appearance by Mark Edward Rizik, Jr on behalf of North American Soccer
League, LLC (aty to be noticed) (Rizik, Mark) (Entered: 09/25/2017)
09/26/2017 17 NOTICE of Appearance by Isabelle Louise Mercier-Dalphond on behalf of North
American Soccer League, LLC (aty to be noticed) (Mercier-Dalphond, Isabelle)
(Entered: 09/26/2017)
09/26/2017 Minute Order for proceedings held before Judge Margo K. Brodie: granting in part and
denying in part 7 Motion to Expedite; granting in part and denying in part 8 Motion to
Expedite; Status Conference held on 9/26/2017. Jeffrey Kessler and David Feher
appeared on behalf of plaintiff; Lawrence Buterman appeared on behalf of defendant.
The Court set the following briefing schedule regarding plaintiff's motion for a
preliminary injunction: defendant shall file its opposition on or before October 16,
2017; plaintiff shall file its reply, if any, on or before October 23, 2017. If necessary, the
Court will hold a hearing on plaintiff's motion on October 31, 2017 at 10:00 AM in
Courtroom 6F North. (Court Reporter Charleane Heading.) (Hawkins, Salah) (Entered:
09/26/2017)
09/28/2017 18 Letter to Hon. Margo K. Brodie from Jeffrey L. Kessler re: papers filed on the Motion
for Preliminary Injunction, by North American Soccer League, LLC (Kessler, Jeffrey)
(Entered: 09/28/2017)
10/04/2017 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-
9881075. by United States Soccer Federation, Inc.. (Attachments: # 1 Affidavit of Alan
J. Devlin, # 2 Exhibit A- Certificate of Good Standing, # 3 Proposed Order, # 4
Certificate of Service) (Devlin, Alan) (Entered: 10/04/2017)

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)

10/23/2017 30 REPLY to Response to Motion re 3 Notice of MOTION for Preliminary Injunction


(Reply Memorandum of Law in Further Support of Plaintiff's Motion for Preliminary
Injunction), filed by North American Soccer League, LLC. (Attachments: # 1
Declaration of David G. Feher, # 2 Exhibit A, # 3 Exhibit B, # 4 Reply Declaration of
Rocco B. Commisso (redacted), # 5 Exhibit A (redacted), # 6 Exhibit B, # 7 Exhibit C,
# 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13
Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit
N, # 19 Exhibit O, # 20 Declaration of Rishi Sehgal (redacted), # 21 Declaration of
Riccardo Silva, # 22 Declaration of Peter Capriotti II, # 23 Declaration of Robert J.
Watkins, # 24 Expert Reply Declaration of Stefan Szymanski (redacted), # 25 Expert
Rebuttal Declaration of Roger Pielke, Jr. (redacted), # 26 Responses to Defendant
United States Soccer Federation, Inc.'s Objections to Declaration of Mark E. Rizik, Jr.,
# 27 Responses to Defendant United States Soccer Federation, Inc.'s Objections to
Declaration of Rocco B. Commisso, # 28 Responses to Defendant United States Soccer
Federation, Inc.'s Objections to Expert Declaration of Stefan Szymanski) (Kessler,
Jeffrey) (Entered: 10/23/2017)
10/24/2017 ORDER granting 29 Motion to Seal. Ordered by Judge Margo K. Brodie on
10/24/2017. (Chu, Chan Hee) (Entered: 10/24/2017)
10/24/2017 31 AFFIDAVIT/DECLARATION in Support re 3 Notice of MOTION for Preliminary
Injunction (Declaration of Jeffrey L. Kessler in Support of Reply Memorandum of Law
in Further Support of Plaintiff's Motion for Preliminary Injunction) filed by North
American Soccer League, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kessler,
Jeffrey) (Entered: 10/24/2017)
10/24/2017 32 AFFIDAVIT/DECLARATION in Support re 3 Notice of MOTION for Preliminary
Injunction (Reply Declaration of Rocco B. Commisso), filed by North American Soccer
League, LLC. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E,
# 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K,
# 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O) (Kessler, Jeffrey)
(Entered: 10/24/2017)
10/24/2017 33 AFFIDAVIT/DECLARATION in Support re 3 Notice of MOTION for Preliminary
Injunction (Declaration of Rishi Sehgal), filed by North American Soccer League, LLC.
(Kessler, Jeffrey) (Entered: 10/24/2017)
10/24/2017 34 AFFIDAVIT/DECLARATION in Support re 3 Notice of MOTION for Preliminary
Injunction (Expert Reply Declaration of Stefan Szymanski), filed by North American
Soccer League, LLC. (Kessler, Jeffrey) (Entered: 10/24/2017)
10/24/2017 35 AFFIDAVIT/DECLARATION in Support re 3 Notice of MOTION for Preliminary
Injunction (Expert Rebuttal Declaration of Roger Pielke, Jr.), filed by North American
Soccer League, LLC. (Kessler, Jeffrey) (Entered: 10/24/2017)
10/25/2017 36 Letter to Hon. Margo K. Brodie from Jeffrey L. Kessler dated October 25, 2017 re:
delivery of full set of courtesy copies for Motion for Preliminary Injunction (ECF No.
3), by North American Soccer League, LLC (Kessler, Jeffrey) (Entered: 10/25/2017)
10/25/2017 37 Letter MOTION to Strike 31 Sealed,, Affidavit in Support of Motion, 30 Reply to
Response to Motion,,,,, -- new evidence and arguments, or, in the alternative, grant
USSF the opportunity to submit sur-reply papers by United States Soccer Federation,
Inc.. (Buterman, Lawrence) (Entered: 10/25/2017)
10/25/2017 38 CERTIFICATE OF SERVICE by North American Soccer League, LLC re 29 Notice of
MOTION to Seal Documents, (Mercier-Dalphond, Isabelle) (Entered: 10/25/2017)
10/26/2017 39 RESPONSE to Motion re 37 Letter MOTION to Strike 31 Sealed,, Affidavit in Support
of Motion, 30 Reply to Response to Motion,,,,, -- new evidence and arguments, or, in
the alternative, grant USSF the opportunity to submit sur-reply papers filed by North
American Soccer League, LLC. (Kessler, Jeffrey) (Entered: 10/26/2017)
10/26/2017 40 REPLY in Support re 37 Letter MOTION to Strike 31 Sealed,, Affidavit in Support of
Motion, 30 Reply to Response to Motion,,,,, -- new evidence and arguments, or, in the
alternative, grant USSF the opportunity to submit sur-reply papers filed by United
States Soccer Federation, Inc.. (Buterman, Lawrence) (Entered: 10/26/2017)
10/26/2017 41 Letter setting forth proposed briefing schedule, respectfully submitted by United States
Soccer Federation, Inc. (Buterman, Lawrence) (Entered: 10/26/2017)
10/27/2017 ORDER re 41 Letter regarding proposed briefing schedule for Defendant's motion to
dismiss. The Court grants the parties' proposed briefing schedule. Defendant shall serve
moving papers on or before November 13, 2017; Plaintiff shall serve opposition papers
on or before December 11, 2017; Defendant shall serve reply papers, if at all, and file
the fully briefed motion on or before December 22, 2017. Ordered by Judge Margo K.
Brodie on 10/27/2017. (Chu, Chan Hee)VACATED pursuant to Order of Judge Brodie
dated 11/6/17. This entry has been modified on November 7, 2017 to indicate order
dated October 27, 2017 has been vacated. Modified on 11/7/2017 (Piper, Francine).
(Entered: 10/27/2017)
10/27/2017 42 Notice of MOTION for Leave to Appear Pro Hac Vice by Heather Lamberg Kafele,
Filing fee $ 150, receipt number 0207-9938559. by North American Soccer League,
LLC. (Attachments: # 1 Affidavit of Heather Lamberg Kafele, with Certificates of
Good Standing) (Lamberg-Kafele, Heather) (Entered: 10/27/2017)

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)

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