NFL's motion to dismiss Jim Trotter's case won't be resolved until April 2024, at the earliest
The legal system often moves slowly. Very slowly.
In former NFL Network reporter Jim Trotter's lawsuit against the NFL, the preliminary question of whether the case should be dismissed won't be resolved until April 2024, at the earliest.
Via A.J. Perez of FrontOfficeSports.com, the parties have proposed the following schedule for the filing of paperwork regarding the NFL's motion to dismiss: (1) the motion and supporting brief are due on or before January 26, 2024; (2) Trotter's response is due on or before March 1, 2024; and (3) the NFL's reply brief is due on or before March 22, 2024.
The judge has not yet approved the proposed schedule, but it's rare for any judge to reject timetables proposed jointly by the two parties to a case.
Under that schedule, a final, written decision resolving the motion to dismiss won't be filed until April 2024, at the very earliest. If the judge wants to have a hearing and oral argument, it will take even longer.
The league's position is that, basically, even if everything Trotter alleges is true, there is no legal claim to be made. Trotter's lawyers have criticized the NFL's position as "morally abhorrent," given that the league is claiming it has the legal right to terminate the employment of a reporter who repeatedly complained about diversity, equity, and inclusion deficiencies in the NFL Network newsroom.
During a Thursday conference call regarding the league's ongoing DE&I efforts, the NFL was asked to reconcile recent progress with the position taken regarding Trotter’s case.
“I think we’ve been clear before that ongoing litigation obviously is complicated, so — but I will say this,” NFL executive V.P. and chief administrative officer Dasha Smith said. “That we are just as focused on our efforts at the league office with respect to diversity, equity, inclusion and ensuring that we have a very diverse workforce, and a place frankly where people can have open discussions. And we have a no-retaliation policy. So with respect to that, obviously, we have tremendous respect for Mr. Trotter, but with respect to addressing specific allegations in the litigation, I’m unable to do that. You can thank our lawyers for that one.”
So, while the NFL has a no-retaliation policy, it believes that Trotter cannot state a legal claim that his employment was ended due to retaliation for asking pointed questions, both internally and externally.
At some point in 2024, we'll find out whether the judge agrees with the NFL. If not, the case will proceed, with Trotter's lawyers able to question witnesses and gather a wide range of documents.
