United States Soccer Federation, Inc. v. United States National Soccer Team Players Ass'n

140 F. Supp. 3d 738, 204 L.R.R.M. (BNA) 3385, 2015 U.S. Dist. LEXIS 130887, 2015 WL 5730267
CourtDistrict Court, N.D. Illinois
DecidedSeptember 29, 2015
Docket14 C 9899
StatusPublished
Cited by2 cases

This text of 140 F. Supp. 3d 738 (United States Soccer Federation, Inc. v. United States National Soccer Team Players Ass'n) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Soccer Federation, Inc. v. United States National Soccer Team Players Ass'n, 140 F. Supp. 3d 738, 204 L.R.R.M. (BNA) 3385, 2015 U.S. Dist. LEXIS 130887, 2015 WL 5730267 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER ,

Virginia M. Kendall, United States District Court Judge.

Pursuant to Section 301 of the Labor Management Relations Act (29 U.S.C. § 185) and the Federal Arbitration Act, the United States Soccer Federation; Inc. seeks to vacate an arbitration award issued on September 12, 2014 in favor of the United States National Soccer Team Players Association. The Players Association filed a counterclaim for enforcement of the arbitrator’s final award. U.S. Soccer [741]*741moves for summary judgment, Claiming that the arbitrator exceeded his authority under the LMRA as well as the Collective Bargaining Agreement and Uniform Players Agreement by relying on the parties’ past practice instead of the terms of their agreement. The Players Association filed a motion for judgment on the pleadings or, alternatively, summary judgment. ■ For the reasons set forth below, the Court grants the Players Association’s motion for summary judgment1 [37] and confirms the arbitrator’s award: U.S. Soccer’s motion for summary judgment [22] is denied.

I. EVIDENTIARY AND . OTHER OBJECTIONS

In support of their cross-motions for summary judgment, U.S. Soccer and the Players Association filed corresponding statements of undisputed filatería! facts, responses, and replies. U.S. Soccer objects that the Players Association’s Response. to U.S. Soccer’s Statement of Undisputed Facts and its Additional Material Facts do not comply with Local Rule 56.1(b)(3) because they are neither concise nor responsive and are otherwise objectionable as “irrelevant, argumentative, misleading, unsupported by admissible evidence.” See Dkt. No. 44, Def. 56.1 Reply at p. 2-3; see also L.R. 56(c)(2) (“A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.”). U.S. Soccer also objects to eight statements in the Declaration of Mark S. Levinstein, as well as to the Declaration as a 'whole.. (See Dkt. Nos. 43, 47). Though the Court briefly addresses these objections below, it notes that the rulings on these objections do not impact the ultimate outcome of this matter.

The Court-will not strike any portion of the Players Association’s Response to U.S. Soccer’s Statement of Undisputed Facts, and its Additional Material Facts. While-the Court has substantial discretion to demand strict compliance with the Local Rules, including that responses or additional statements be concise and responsive, a severe sanction is not warranted in this case. See Ammons v. Aramark Uniform Servs., Inc., 368 F.3d 809, 817 (7th Cir.2004) (citing Bordelon v. Chicago School Reform Bd. of Trustees, 233 F.3d 524, 527 (7th Cir.2000)) (“Given their importance, we have .consistently and repeatedly upheld a district court’s discretion to require strict compliance with its local rules governing summary judgment.”). However, to the extent that the Players Association’s, response and additional facts “mischaracterize the contents” of referenced documents, the Court considers the documents: themselves. The Court similarly attaches no weight to legal or factual conclusions, arguments, or conjecture contained in the Players Association’s response and additional facts. See Judson Atkinson Candies, Inc. v. Latini-Hohberger Dhimantec, 529 F.3d 371, 382 (7th Cir.2008). (“It is inappropriaté' to make legal arguments in á Rulé 56.1 statement of facts.”) (internal citations omitted); Cady v. Sheahan, 467 F.3d 1057, 1060 (7th Cir.2006) (a party’s statement of material facts submitted pursuant to Local Rule [742]*74256.1 is improper where it fails to cite to the record and is “filled with irrelevant information, legal arguments, and conjecture”).

The Court next addresses U.S. Soccer’s objections to the Declaration of Mark. S. Levinstein. (Dkt.Nos.43, 47). Objection number 1 (Dkt. No. 47) is denied. U.S. Soccer objects that Levinstein “did not lay foundation that he has personal knowledge regarding the negotiation and execution of the preexisting Uniform Player Agreement that predates 1996.” (Dkt. No. 47 at 2). The objected-to excerpt, however, merely refers to the starting point of negotiations for the first UPA that was executed in 1997. Levinstein began working with the Players Association in 1996 and avers that he has personal knowledge of the facts contained in his Declaration, including the negotiation of the initial UPA. It is reasonable on the facts before the Court that the Acting Executive Director and Outside Counsel for the Players Association would have knowledge of the negotiations leading to an agreement that was signed during his tenure. To the extent the statements referenced in objection number 1 are relevant, the Court will consider them.

Objection number 2 (Dkt. No. 43) is denied. Levin stein’s statement that “[t]he Players Association does not regularly conduct business in Chicago, Illinois and/or in the Northern District of Illinois” is not an impermissible legal conclusion; in this case, it is a statement of fact based on Levin stein’s personal knowledge of the organization for which he is the Acting Executive Director and Outside Counsel.

Objection numbers 1, 3, 7 (Dkt. No. 43) and objection numbers 2, 4, and 8 (Dkt. No. 47) refer to statements that paraphrase or partially quote documents. The Court grants all six objections and will consider the documents themselves to the extent they are relevant. Objection number 3 (Dkt. No. 47) is granted. Mr. Levin stein’s commentary on the arbitrator’s award is inadmissible as the language of the award speaks for itself. The rest of the objected-to statements in objection number 3 (Dkt. No. 47) contain speculative opinions regarding U.S. Soccer’s “understanding” of its relationship with the Players Association or irrelevant factual conclusions regarding the past practices of the parties. Objection number 5 (Dkt. No. 47) and objection number 4 (Dkt. No. 43) are granted because the contested statements are irrelevant and inadmissible hearsay. Objection numbers 6 and 7 (Dkt. No. 47) and objection numbers 5 and 6 (Dkt. No. 43) are denied. The objected-to information is relevant to the arbitrator’s decision and will be considered, though its probative value is slight.

Finally, the Court refuses to discount the entire Declaration as inadmissible hearsay under Federal Rule of Evidence 802. Statements in a Declaration are not necessarily inadmissible hearsay when offered in support of, or opposition to summary judgment. On the contrary, Declarations are appropriate vehicles for presenting evidence to the Court in support of, or opposition to summary judgment as long as they are “made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated” therein. Fed. R.Civ.P. 56(c)(4). Mr.

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140 F. Supp. 3d 738, 204 L.R.R.M. (BNA) 3385, 2015 U.S. Dist. LEXIS 130887, 2015 WL 5730267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-soccer-federation-inc-v-united-states-national-soccer-team-ilnd-2015.