Well, that’s the last time I mock soccer and/or legal gods. The deadline was today for the US Soccer Federation to file their responsive documents in the New York State lawsuit filed by the North American Soccer League, in which they alleged breach of fiduciary duty by the USSF board members. Well, they did so in emphatic fashion. We’ve gotten two motions; both request that the court dismiss NASL’s complaint as to all parties (with MLS Commissioner Don Garber filing separately).
Both motions are scheduled for June 4, 2018. NASL will have until May 11th to serve its responsive paperwork, with the defendants having until June 1 to file their replies. The affidavit in support of the motions is absolutely massive (427 pages!); the USSF memorandum is around 30 pages, while Garber’s motion comes in at a digestible 16 pages. I’m not quite sure why Garber is filing his own motion to dismiss, nor why he retained separate attorneys. My guess is some conflict issues, or the fact he is a paid employee, while the other USSF defendants are volunteers. Perhaps the filings will reveal more information on that. I’ll have the analysis in a separate post. Off to start reading!
Update: You can read some initial thoughts on the Garber portion of the motion on my Twitter timeline.