NASL v. USSF: Dates set for NASL's appeal

• by Paul Kennedy  @pkedit, Nov 7, 2017

After proposing different timetables for the expedited appeal of the NASL v. USSF order, the two parties will present oral arguments as early as the week of Dec. 11.

The NASL's motion for an expedited appeal set forth some of the theories it is likely to use in its appeal of the decision in U.S. District Court denying a preliminary injunction requiring U.S. Soccer to sanction it as a Division 2 league for 2018.

U.S. Soccer agreed that an expedited schedule was warranted -- otherwise, the case would drag well into 2018 past when decisions on the NASL would have to be made -- but disagreed with the briefing schedule.

U.S. Soccer's response to the NASL's motion centered on its reasons opposing the rapid briefing schedule, not on the legal bases for the NASL’s attack on the District Court decision.

U.S. Soccer argued there was no need for an immediate decision as "the NASL's cries of wolf have already repeatedly proven false." And it said it would need more than week to respond to NASL’s opening brief "as it appears that NASL plans to take the spaghetti approach to this appeal -- throwing up every argument it can think of and hoping that something sticks."

The judge did not appear to buy U.S. Soccer's line about the NASL's "spaghetti approach." The briefing schedule is closer to what the NASL wanted though the window for oral arguments is two weeks after the NASL requested and close to that proposed by U.S. Soccer.

NASL proposed schedule:
1. NASL opening brief due on Nov. 10 (Friday).
2. USSF response brief due on Nov. 17.
3. NASL reply brief due on Nov. 22.
4. Oral argument to take place as soon as practicable during the week of Nov. 27.

USSF proposed schedule:
1. NASL opening brief due on Nov. 13 (Monday).
2. USSF response brief due on Dec. 1.
3. NASL reply brief due on Dec. 7.
4. Oral argument to take place during the week of Dec. 14 or as soon as practicable.

Final schedule:
1. NASL opening brief due on Nov. 13 (Monday).
2. USSF response brief due on Nov. 21.
3. NASL reply brief due on Nov. 27.
4. Oral argument to take place as early as the week of Dec. 11, subject to the approval of the presiding judge.