MINNEAPOLIS (CN) – The NFL on Monday asked a federal judge to dismiss the players’ class actions for failure to state a claim, or to dismiss or stay the cases because they belong before the National Labor Relations Board.
Here is the NFL’s complete motion to dismiss: “Defendants hereby move the Court pursuant to Federal Rule of Civil Procedure 12(b)(6) for an order dismissing the Brady and Eller plaintiffs’ Amended Complaints (Doc. Nos. 73 & 119) for failure to state a claim upon which relief can be granted (in whole or in part), or, in the alternative, for an order dismissing or staying the cases under the doctrine of primary jurisdiction.
“The Motion is based on all files, records and proceedings herein, including the Memorandum in Support to be filed in accordance with Local Rule 7.1(b) no later than August 1, 2011.”
The NFL said it will seek dismissal at a Sept. 12 hearing before U.S. District Judge Susan Richard Nelson.