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AKIN GUMP STRAUSS HAUER & FELD LLP 

DONNA M. MEZIAS (SBN 111902) 

580 California Street, Suite 1500 

San Francisco, CA 94104 

Telephone: 415.765.9500 

Facsimile: 415.765.9501 

Email : dmezias@akingump.com 

Counsel for Plaintiffs 

Forty Niners Football Company LLC and 

National Football League Management Council 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

Case No: 

COMPLAINT 

FORTY NINERS FOOTBALL COMPANY 

LLC and NATIONAL FOOTBALL LEAGUE 

MANAGEMENT COUNCIL, 

Plaintiffs, 

v. 

ALDON SMITH and NATIONAL 

FOOTBALL LEAGUE PLAYERS 

ASSOCIATION, 

Defendants. 

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COMPLAINT 

Case 5:17-cv-00475-SVK Document 1 Filed 01/30/17 Page 1 of 4
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This is an action to confirm an arbitration award pursuant to Section 301 of the Labor 

Management Relations Act, 29 U.S.C. §§ 185 et seq. 

JURISDICTION AND VENUE 

1. This Court has subject matter jurisdiction over this matter under 28 U.S.C. § 1331 and 

29 U.S.C. § 185. 

2. Venue is proper in this District pursuant to 29 U.S.C. § 185(a) and 28 U.S.C. § 1391. 

PARTIES 

3. The National Football League Management Council ("NFL Management Council") is 

the sole and exclusive bargaining representative of present and future employer member clubs of the 

NFL. The NFL Management Council's principal place of business is in New York, New York. 

4. Forty Niners Football Company LLC ("Forty Niners" or "Club") is one of the member 

clubs of the National Football League ("NFL"). The Forty Niners' principal place of business is in 

Santa Clara, California. 

5. Aldon Smith ("Smith") is a professional football player who was employed by the Forty 

Niners in Santa Clara, California. 

6. The National Football League Players Association ("NFLPA") is the exclusive 

bargaining representative of all NFL Players. The NFLPA regularly represents players in the Northern 

District of California, and some of its members reside in this judicial district. 

FACTS 

7. The parties are bound by a Collective Bargaining Agreement ("CBA") negotiated 

between the NFL Management Council (on behalf of the NFL member clubs) and the NFLPA (on 

behalf of all NFL players). Relevant portions of the CBA are attached hereto as Exhibit A. 

8. The CBA contains an arbitration provision mandating that disputes between the parties 

involving the forfeiture of signing bonuses be submitted to arbitration before a mutually selected 

arbitrator (the "System Arbitrator"). Ex. A, Arts. 4, 15. 

9. All NFL Players employed by a member club must enter into an NFL Player Contract, 

which is incorporated into the CBA. See Ex. A, Art. 4 & App. A. 

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COMPLAINT 

Case 5:17-cv-00475-SVK Document 1 Filed 01/30/17 Page 2 of 4
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10. Smith entered into an NFL Player Contract with the Forty Niners setting forth the terms 

of his employment. His contract with the Forty Niners contained an arbitration provision requiring 

"any dispute" between Smith and the Forty Niners "involving the interpretation or application of any 

provision" of his contract to "be submitted to final and binding arbitration" in accordance with the 

procedures set forth in the CBA. Id. App. A, ¶ 19. 

11. The NFL Player Contract between the Forty Niners and Smith contained a Signing 

Bonus Provision whereby Smith was paid a signing bonus of $8,961,092. 

12. On August 27, 2016, Smith was suspended for nine games for violating the NFL Policy 

and Program on Substances of Abuse and the Personal Conduct Policy. As a result, pursuant to the 

terms of his contract and the CBA, Smith was required to forfeit to the Forty Niners $1,186,027. 

13. To date, Smith has re-paid the Forty Niners $844,396.82, but still owes the Club 

$341,630.18. 

14. Pursuant to the terms of the CBA, the Management Council initiated a proceeding on 

behalf of the Forty Niners before the System Arbitrator seeking re-payment of the outstanding balance 

of the forfeited signing bonus. 

15. On November 4, 2016, the System Arbitrator issued an order ("Order") requiring Smith 

to re-pay to the Forty Niners the balance of $341,630.18 within thirty days of the Order. See Ex. B 

(Order). 

16. Under the CBA, Smith and the Union had ten days to appeal the Order to the Appeals 

Panel under the CBA, see CBA, Art. 15, Sec. 8(a), but the parties did not file an appeal, and the Order 

is now final, see id., Art. 15, Sec. 2 ("rulings of the System Arbitrator shall upon their issuance be 

binding upon and followed by the parties unless stayed, reversed, or modified by the Appeals Panel"). 

17. To date, Smith has failed to pay to the Forty Niners the $341,630.18 that the Order 

requires him to pay. 

COUNT 1— CONFIRMATION OF ARBITRATION AWARD 

1. Plaintiffs repeat and re-allege Paragraphs 1-17 as if set forth fully herein. 

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COMPLAINT 

Case 5:17-cv-00475-SVK Document 1 Filed 01/30/17 Page 3 of 4
2. Plaintiffs seek an order confirming the Order under well-established principles of federal 

labor law. The Order was issued in full accord with the parties' CBA and draws its essence from the 

parties' agreements. 

3. Plaintiffs are entitled to confirmation and enforcement of the Order and entry of 

judgment in conformity of the Award pursuant to the Labor Management Relations Act, 29 U.S.C. 

§ 185. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiffs, San Francisco Forty Niners and the NFL Management Council, 

respectfully request that this Court enter an Order: 

(a) Confirming and enforcing the Order; 

(b) Requiring Smith to re-pay the Forty Niners $341,630.18 within ten days of confirmation of 

the Order; 

(c) Awarding Plaintiffs their attorneys' fees and costs in bringing this action; and 

(d) Providing Plaintiffs with such other and further relief as the Court deems proper. 

Dated: January 30, 2017 AKIN GUMP STRAUSS HAUER & FELD, LLP 

By: / 5- 

orma M. Mezias 

Counsel for Plaintiffs 

Forty Niners Football Company LLC and 

National Football League Management Council 

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COMPLAINT 

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