After multiple tries to dismiss former head coach Jon Gruden’s $150 million lawsuit against them, the NFL had one last silver bullet: using Nevada’s anti-SLAPP statute. But while the league can keep trying the rope walk, its clock is now ticking. With the trial date set for May 2027, it needs to learn the discovery inside out to get its cards right. Gruden, however, has a plan to divert them.

Trying to slow down the process, the former head coach tried a tactic of his own: delay the discovery the league needs to prove its innocence in leaking the emails that cost Gruden a whole lot more than just a job. As it turns out, though, the court isn’t here waiting for him, as District Judge Joe Hardy had some tough words for the plaintiff.

“I remain concerned with Gruden’s, Gruden’s side’s delays and lack of cooperation, lack of compliance with the rules,” Hardy said on Monday, according to Noble Brigham of the Las Vegas Review-Journal.

In July, the league pushed back, saying the evidence documents Gruden had provided weren’t sufficient, and that they couldn’t get any answers from Gruden’s camp at times. To get to the bottom of this, District Judge Hardy gave Gruden seven days to share documents and speak with interrogators.
That deadline is long gone, and Gruden is only being a hurdle to himself. He has some valid arguments to win the case, but he is annoying the very judge who would be making important decisions as the case moves forward.

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You see, the last card the NFL has to dismiss Gruden’s lawsuit is to file it under Nevada’s anti-SLAPP statute. According to the law, “[a] person who engages in a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern.” But, as I said, Gruden could actually win here…

The league mentioned that it learned about Gruden’s emails when it was investigating the Washington franchise. And if the emails were discovered and were leaked after that, it was part of public knowledge. But here’s the thing: the NFL has had these emails since June 2021. They did not release (or leak) them until five weeks into the season, putting the Las Vegas Raiders at a selective disadvantage. And that’s a whole other can of worms to handle.

The Raiders had to adjust on the fly as Gruden stepped down from his position. It basically gave the team a disadvantage because they reached the playoffs that season and could’ve gone further. Alternatively, the league could’ve waited until the end of the season and released these emails so the Raiders had the offseason to bring another coach through a complete process. And then there’s the genuine question: why were the emails leaked, in two waves, and not officially released? Here’s where Judge Hardy becomes crucial.

Gruden’s team can make all these points. It could do some heavy damage to the NFL’s case. But he needs to keep the judge on his side. Right now, he is failing at it.

“No explanation was proffered by Gruden’s side that would address the court’s concern about the delays, particularly in light of months ago, when I said, in Gruden’s favor and against the NFL’s position, we’re going forward,” Judge Hardy said. “Gruden understandably at least represented to me that their side wanted to proceed expeditiously and has done the opposite of that.”

Per Brigham, Gruden’s attorney, Adam Hosmer-Henner, has “previously accused the league of stall tactics.” But with the shoe now on the other foot, NFL lawyers have gone on the offensive.

The NFL is on the attack as it forces Gruden’s team into defense

So far, both sides are in a deadlock with no settlement conversations reported. Seemingly, the league’s team is all set to continue attacking Gruden’s attorneys.

“Discovery is the process by which the parties test claims like his against the evidence,” the NFL attorneys wrote in court papers, per Brigham. “A plaintiff genuinely confident in his allegations produces his documents promptly and answers the questions put to him truthfully. Gruden has done neither.”

Meanwhile, Gruden’s camp is pushing back.

“The league was making overly broad requests for records in an attempt to embarrass Gruden,” per Brigham.

They are also pointing to the league’s refusal of a protective order that would mark the “disclosed documents confidential.”

“[NFL attorney Mark] Hutchinson said Gruden’s side never said their disclosures were deficient or demanded a protective order before providing records,” wrote Brigham. “They also did not serve a document request on the NFL, the league’s lawyers said, adding that there were discussions about a protective order, which stalled based on one proposed change.

“Hosmer-Henner told the judge his side did respond to discovery requests and produce nonconfidential documents, but also took into account an ongoing appeal of a prior ruling. The Judge was skeptical.”

The whole saga started when Gruden alleged that the league had leaked confidential e-mails in 2021 with the purpose of removing him as the head coach of the Las Vegas Raiders. In a Case Conference Report his team filed this February, Gruden sought more than $150 million in compensation for “loss of his employment, interference with future employment opportunities, loss of contract value, loss of sponsorships, reputational damage, costs, expert fees, and attorney fees incurred as a result of this dispute.”

After the league lost many wars in this battle, the tide is turning against the former head coach by his own doing. And Judge Hardy has no intention of taking it easy on him:

“You’re saying you’re proceeding expeditiously, but clearly you’re not.”