Mehr v. Féderation Internationale fe Football Ass'n

Decision Date16 July 2015
Docket NumberCase No. 14–cv–3879–PJH
Citation115 F.Supp.3d 1035
Parties Rachel Mehr, et al., Plaintiffs, v. Féderation Internationale de Football Association, et al., Defendants.
CourtU.S. District Court — Northern District of California

[115 F.Supp.3d 1043]

Derek G. Howard, Jack Wing Lee, Minami Tamaki LLP, Sean Tamura–Sato, San Francisco, CA, Steve W. Berman, Hagens Berman Sobol Shapiro LLP, Seattle, WA, Jon T. King, Hagens Berman Sobol Shapiro LLP, Berkeley, CA, for Plaintiffs.

Brad Karp, Bruce Birenboim, Daniel Levi, H. Christopher Boehning, Paul, Weiss, Rifkind, Wharton and Garrison LLP, New York, NY, Michael J. Shepard, Hogan Lovells US LLP, Stuart M. Gordon, Fletcher C. Alford, Gordon & Rees LLP, Julie Lynn Fieber, Wallace M. Tice, Lynch Gilardi & Grummer, San Francisco, CA, Russell Fredrick Sauer, Jr., Amy Christine Quartarolo, Casandra Leann Thomson, Latham And Watkins LLP, Los Angeles, CA, M. Christopher Hall, Bonne Bridges Mueller O'Keefe Nichols, Santa Ana, CA, for Defendants.

ORDER GRANTING MOTIONS TO DISMISS

PHYLLIS J. HAMILTON, District Judge

Defendants' motions to dismiss the above-entitled action came on for hearing before this court on May 6, 2015. Plaintiffs appeared by their counsel Steve W. Berman, Derek G. Howard, and Jon T. King. Defendant Fédération Internationale de Football Association ("FIFA") appeared by its counsel Daniel H. Levi, H. Christopher Boehning, Michael J. Shepard, and Bruce Birenboim; defendant United States Soccer Federation, Inc. ("U.S.Soccer") appeared by its counsel Russell F. Sauer, Jr., Amy C. Quartarolo, and Casandra L. Thomson; defendant U.S. Youth Soccer Association ("USYSA") appeared by its counsel Margaret M. Holm and M. Christopher Hall; defendant California Youth Soccer Association ("CYSA") appeared by its counsel Wallace M. Tice; defendants National Association of Competitive Soccer Clubs, Inc. d/b/a U.S. Club Soccer ("US Club Soccer") and American Youth Soccer Organization ("AYSO") appeared by their counsel Stuart M. Gordon and Fletcher C. Alford; and

Having read the parties' papers and carefully considered their arguments and the relevant legal authority, the court hereby GRANTS the motions as follows.

BACKGROUND

This proposed class action was filed on August 27, 2014 by seven soccer players, four of whom are under 17 years of age. The plaintiffs are Rachel Mehr ("Mehr"); R.K.l., by his mother Beata Ivanauskiene ("Ivanauskiene"); B.A., D.A., and I.A., by their mother Sarah Aranda ("Aranda"); L.L.M., by her mother Karen Christine O'Donoghue ("O'Donoghue"); and Kira Akka–Seidel ("Akka–Seidel"). R.K.I and Ivanauskiene live in Illinois, as do B.A., D.A., I.A., and Aranda. L.L.M. and O'Donoghue live in Colorado. Mehr and Akka–Seidel both live in Northern California.

Each of the seven plaintiffs is or was a member of a local soccer club in his/her community, and the claims asserted arise out of their participation in those local soccer clubs. Each of the local clubs is a member of a regional or state club or association, which is a member of a national youth organization, which is in turn a member of U.S. Soccer, the United States member of FIFA.

Plaintiffs assert claims against FIFA and five national or regional organizations that are engaged in promoting and sponsoring soccer, including youth soccer—U.S. Soccer, USYSA, CYSA, U.S. Club Soccer, and AYSO. Plaintiffs allege that "each of the defendants has failed to provide

[115 F.Supp.3d 1044]

adequate concussion management." Cplt ¶ 29. They assert that defendants have failed to adopt and enforce rules that they claim would reduce "the risk" of preventable injuries resulting from concussions and repetitive heading, and they want the court to compel defendants to adopt and enforce rules that would reduce that risk. Cplt ¶ 28. They further allege that FIFA has failed to modify the FIFA "Laws of the Game" to provide proper protection from concussion injuries, as a result of its "strict rules about the number of players that can be substituted." Cplt ¶ 30.

Not all plaintiffs are suing all defendants. Mehr is suing FIFA, AYSO, USYSA, and U.S. Club Soccer. Cplt ¶ 38. Plaintiffs allege that Mehr resides in Novato, California, and that she played for "teams that were members of and governed by USYSA and U.S. Club Soccer" and played in "competitions hosted by USYSA and U.S. Club Soccer." Cplt ¶ 38. Ivanauskiene on behalf of R.K.I. is suing FIFA and USYSA. Cplt ¶ 41. Plaintiffs allege that R.K.I. has played soccer in Arlington, Illinois, for the past three years with the Young Sportsman's Soccer League, a member of the Illinois Youth Soccer Association, which is in turn a member of USYSA. Cplt ¶¶ 41, 42. Aranda on behalf of B.A., D.A., and I.A. is suing FIFA, U.S. Soccer, and AYSO. Cplt ¶¶ 44, 46. Plaintiffs allege that B.A., D.A., and I.A. have played AYSO soccer in DeKalb, Illinois. Cplt ¶ 44. Akka–Seidel is suing FIFA, USYSA, and U.S. Soccer, Cplt ¶ 47, although plaintiffs assert in the opposition to U.S. Club Soccer's motion that it was "clearly an oversight" to fail to allege that Akka–Seidel was also suing U.S. Club Soccer. Plaintiffs allege that Akka–Seidel resides in Larkspur, California, and last competed in soccer during the 2013 season for the University of California at Santa Cruz, under the FIFA Laws of the Game, and that she also played for the Mill Valley Soccer Club (affiliated with USYSA and U.S. Club) and for the Tiburon Peninsula Soccer Club (affiliated with CYSA, USYSA, and U.S. Soccer). Cplt ¶ 47. Finally, O'Donoghue on behalf of L.L.M. is suing FIFA, U.S. Soccer, and AYSO. Cplt ¶ 50. Plaintiffs allege that L.L.M. played soccer for the Boulder Force Club in Colorado, a member of the Colorado Soccer Association, which is in turn a member of U.S. Soccer. Cplt ¶¶ 50–51. None of the plaintiffs alleges any claims against CYSA, although they assert in their opposition that this was "perhaps an oversight" and that it should have been "readily apparent" from the complaint that Mehr and Akka–Seidel intended to sue CYSA.

FIFA US Soccer USYSA AYSO US Club CYSA
Mehr x x x x
R.K.I. x x
B.A. x x x
D.A. x x x
I.A. x x x
Akka-Seidel x x x
L.L.M. x x x

[115 F.Supp.3d 1045]

Plaintiffs' claims are asserted on behalf of a proposed class, but as the court indicated at the hearing on the present motions, plaintiffs fail to make clear exactly whom they seek to represent. See May 6, 2015 Hearing Transcript ("5/6/15 Tr.") (Doc. 99) at 7–14. Plaintiffs do not limit the proposed class by location, age of players, status of players (professional or amateur—or within levels for amateur), or even reasonably by relevant time period, instead proposing a class period extending back more than 13 years from the date the complaint was filed, and a class including "[a]ll current or former soccer players" who, during that 13–year period, "competed for a team governed by FIFA, the United States Soccer Federation, U.S. Youth Soccer, American Youth Soccer Organization, U.S. Club Soccer, or California Youth Soccer Association." Cplt ¶ 415.

FIFA is based in Switzerland, and serves "as the governing body for soccer." Cplt ¶¶ 16, 19. The members of FIFA include U.S. Soccer and 208 other national soccer federations from around the world. Cplt ¶ 19. FIFA organizes a limited number of intercontinental soccer events (most notably the FIFA World Cup), but does not organize any soccer leagues or tournaments on any level, including in the United States. None of the plaintiffs or their local clubs is a member of—or has any direct relationship with—FIFA, and only U.S. Soccer (of the named defendants) is a FIFA member.

US Soccer is "the governing body of soccer in all its forms in the United States." Cplt ¶ 20; see also Cplt ¶ 72. US Soccer has a number of "affiliates" or "members consisting of youth, amateur, development, and professional leagues operating throughout the United States." Cplt ¶ 21. USYSA is an "affiliate" of FIFA and is "the largest member of" U.S. Soccer. Cplt ¶¶ 23, 77. In California, USYSA "affiliates" include CYSA. Cplt ¶ 23. US Club Soccer is "an organization devoted to the development and support of soccer clubs in the United States." Cplt ¶¶ 27, 85. AYSO is a "member" of U.S. Soccer. Cplt ¶ 25. US Soccer and U.S. Club Soccer oversee both youth and adult soccer, amateur and professional. USYSA, AYSO, and CYSA oversee youth soccer only.

Plaintiffs' 132–page complaint includes a lengthy section entitled "A Primer on Concussions," Cplt ¶¶ 94–132, which is followed by another lengthy section entitled "Consensus Best Practices for the Treatment of Concussions for the Period 2002–Present," Cplt ¶¶ 133–194. These "best practices" or "protocols" relate to concussion management and treatment, and allegedly were developed following or in conjunction with various international conferences, including four International Conferences on Concussion in Sport held in Vienna, Prague, and Zurich, starting in 2001. See Cplt ¶¶ 229–247. The complaint also quotes extensively from the FIFA "Statutes" regarding the objectives of FIFA, the "Laws of the Game," and the "Members' Obligations," and also quote various passages from FIFA's website, and from its "Medical Committee." See Cplt ¶¶ 195–218.

Plaintiffs assert that FIFA, U.S. Soccer, and USYSA have "knowledge of consensus best practices," but have "fail[ed] to adopt the consensus

[115 F.Supp.3d 1046]

guidelines promulgated by the international conferences on concussion in sport." Cplt ¶¶ 229–260 (FIFA), ¶¶ 261–288 (U.S. Soccer), ¶¶ 289–317 (USYSA). They allege that prior to 2013, CYSA failed to "adopt any consensus guidelines promulgated by the international conferences on concussions in sport," and that its concussion protocol "still fails to adopt the consensus guidelines." Cplt ¶¶ 349–374. They assert that U.S. Club Soccer has failed to "adopt any consensus guidelines promulgated by the international conferences on concussions in sport." Cplt ¶¶ 344–348. They claim that prior to 2009, AYSO failed to "adopt any consensus guidelines promulgated by the international...

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    ...courts have also predicted that Colorado would allow no-injury medical monitoring. See Mehr v. Federation Internationale de Football, 115 F. Supp.3d 1035, 1070 (N.D. Cal. 2015) (Colorado plaintiff could include no-injury medical monitoring as a prayer for relief, but not as a separate actio......

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