Kelsey K. v. NFL Enterprises, LLC

ORDER GRANTING MOTION TO DISMISS AND DENYING REQUEST . FOR DISCOVERY

INTRODUCTION

In this putative class action for antitrust violations, defendants move to dismiss. The motion is Granted. Plaintiffs request for discovery at the pleading stage is Denied.

STATEMENT

Plaintiff Kelsey K. asserts putative class claims for'violations of the Sherman Act and the Cartwright Act against the National Football League and 27 of its member teams. The gravamen of the complaint is that defendants conspired “to fix and suppress the compensation of’ and “to eliminate competition among them for” cheerleaders. The following facts are taken from the well-pled allegations of the complaint (Dkt. No. 1).

In recent decades, NFL revenue and profits have skyrocketed, and the salaries of male athletes have followed suit (id ¶¶ 60-63). As of 2016, NFL players earned an average of approximately $1.3 million per athlete, practice squad players earned at least $117,300 per season, and mascots earned anywhere from $25,000 to $65,000 per year (plus benefits). In contrast, cheerleaders — who perform during televised games and participate in community outreach and photo shoots — still earn “well below market…