Gill v. National Football League et al, No. 1:2021cv01032 - Document 52 (S.D.N.Y. 2021)

Court Description: OPINION & ORDER re: 15 MOTION to Dismiss the Complaint filed by NFL Enterprises LLC, National Football League; 25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegation s filed by NFL Enterprises LLC, National Football League. For the reasons above, the Court denies defendants' motion to dismiss, save that the Court grants the motion to dismiss the FAC's unjust enrichment claim. The Court also d enies defendants' motion to strike the class allegations, without prejudice to defendants' right, later in this litigation, to oppose class certification on similar grounds. The case will now proceed to discovery. The Court directs the par ties to submit a joint case management plan within one week of this order. The Court's judgment is that in the first instance, discovery should be limited to the contractual relationship governing the Game Pass service provided to Gill, and t hat such discovery should be capable of completion within three months. If, following such discovery and any ensuing motion for summary judgment, plaintiffs claims has survived, discovery would then be warranted on issues of breach, damages, and p otential class certification. The Court directs counsel to formulate a case management plan consistent with these parameters. The Court respectfully directs the Clerk of the Court to close the motions pending at dockets 15 and 25. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/2/2021) (va)