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N.F.L. Commissioner To Potentially Be Deposed in Buffalo Bills Cheerleader Case


Last week, the attorney representing Buffalo Bills cheerleader Caitlin Ferrari in her wage and hour lawsuit against the team (among other defendants), filed a motion seeking to depose the N.F.L. Commissioner, Roger Goodell.  While the N.F.L. itself is not a defendant at this time, Ferrari's attorney pointed the court to a document submitted by the Bills which includes Commissioner Goodell's signature on it.  This particular document, signed by Commissioner Goodell, specified that Citadel Broadcasting would have the cheerleaders sign an agreement, which included provisions that the Jills (the cheerleading team) agreed the N.F.L. could use their likeness without compensation, and that the cheerleaders are independent contractors rather than employees, among other stipulations. 

In the motion to quash the deposition filed by the N.F.L., the league argued that the request to depose the Commissioner was improper as Ferrari had failed to show that the Commissioner had "unique or independent and necessary knowledge related to her claims."  As to the fact that the Commissioner's signature was on the document, the motion to quash argued that the league simply weighed in on the provisions of the agreement granting radio rights, rather than anything related to the Jills.  Unsurprisingly, the motion further argued that Commissioner did not actually sign the document by hand, but the signature was simply affixed by way of a stamp.

I think the big thing here is the Commissioner has stated under oath, by way of affidavit, that he has no knowledge of the conditions under which Ferrari and the other Jills worked.  By pleading ignorance on any matter related to the selection, training, and pay of the cheerleaders, the Commissioner has done everything he can to distance himself from the matter and convince the court that seeking to depose him would be a waste of everyone's time.  I do not know if that argument will be successful, but Ferrari's attorney will have some work cut out for him to show this request to depose the Commissioner is not a fishing expedition. 


A copy of the motion to quash the deposition filed by the N.F.L. can be found here:  https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=aowo/cBxniCgKe3538yg3A==&system=prod

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