We'll get NASL's response soon I'm sure, but US Soccer & MLS try to pre-empt it in their brief by discounting one of NASL's arguments that USSF's Gulati and MLS' Garber were friends and Gulati's association with both USSF and MLS 7/
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US Soccer & MLS also discount NASL's arguments about disparate treatment over waivers, suggesting that the context and nature of the requests were different. 8/
US Soccer & MLS also contend that MLS owners' Soccer United Marketing deal with US Soccer is not evidence of a conspiracy, arguing that it is consistent with independent conduct. 9/
There is an interesting tidbit in the brief on the alleged conspiracy involving USL against NASL staying at D2. Apparently, the 2013 deal with USL for MLS reserve teams to play there gave the latter a right to share in expansion fees, but it expired long before NASL's D2 decision 10/
The short version of NASL's response is simply that if there were legitimate issues of fact for the jury at the summary judgment stage (where the court rejected USSF/MLS' motion), there still are here. 2/
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