By: Jeff Birren, Senior Writer
Donnell Baker was briefly in the NFL in 1996 and 1997. He signed with three different teams but never played in a regular-season game. He passed away in February 2020. Since that time, his widow has filed not one, or even two concussion cases against the NFL, but instead filed five such cases. One case, filed in New York, was transferred to League-wide concussion class-action court. Another was filed in Florida. That was recently dismissed without prejudice (Connie Joann Baker et al v. National Football League Inc./ Enterprises (NFL) and Jaguars Football, LLC, M. D. Fla., Case No. 3:21-CV-131-HES-PDB, (“Baker”), at 2, (6-18-21)).
Background
Donnell Baker was a 6’, 180-pound wide receiver from Baton Rouge. He spent two years at the University of Southwestern Louisiana. He transferred to Southern University and played there in 1994 and 1995. In 1995 he caught 40 passes for 632 yards and five touchdowns. A former teammate did not remember Baker as “being particularly fast” (the advocate.com, Zach Ewing, “Former Southern football standout Donnell Baker dies” (2-10-20)). He was selected by the Carolina Panthers in the seventh round of the 1996 NFL Draft.
Baker was cut by the Panthers on August 25, 1996. He was signed to the team’s practice squad and remained there for sixteen weeks. Baker was elevated to the active roster for the final game of the season, though he was inactive that day. In 1997 Baker went to training camp with the St. Louis Rams. He was released August 19, 1997, prior to the final preseason game. On September 23, 1997, Baker was signed to the Jacksonville Jaguars’ practice squad (jaguars.com, “Jaguars … Add Two To Practice Squad” (9-23-97)). He was released four weeks later (jaguars.com, “Jaguars … Terminate Baker” ((10-21-97).
His attempt at an NFL career over, Baker returned to Baton Rouge. He became a Network Manager for AT&T and was in the Baton Rouge Area Officials Association for 16 years. Baker passed away on February 5, 2020. One year later, litigation began.
Baker’s Widow Sues the NFL
Connie Joann Baker, individually and on behalf of their two children and Baker’s Estate, sued the “National Football League Inc./Enterprises (NFL) and Jaguars Football LLC” on February 5, 2021, in U.S. District Court in Jacksonville (Baker at 1). Ms. Baker filed the 16-page Complaint pro se. It was based on the claim that Baker “died as a result of Defendants’ reckless disregard for his personal health and safety as a professional athlete”. It alleged that the defendants “had a duty to protect Mr. Baker” (Id. at 2), that it was “clear that the NFL and its conferences have not protected their players to the best of their ability” and that Baker “trusted the authority and guidelines used by the Defendants to protect his health and well-being” (Id. at 3).
The Complaint included two and a half pages of generalized purported factual statements about concussions, CTE, and the NFL. It claimed that “Baker played professional football for the NFL from 1994 to 1998, and as a player for the Jacksonville Jaguars from September 1997 to October 1997” (Id. at 6). Baker “participated on dozens of football games, practices and scrimmages.” It further asserted that Baker “suffered numerous concussions” and that the NFL and Jaguars “failed to provide the appropriate medical treatment for these incidents” (Id. at 7).
Later in life, his “mental and physical health began to decline. He began suffering symptoms of depression, mood swings and seizures” and based on later appointments with a neurologist, as well as on “information and belief” “it was discovered that the seizures” were from “concussions and head trauma he had endured during his time as a professional athlete.” The Complaint included claims for “Negligence—Wrongful Death” (Id. at 8); Negligence—Survival Action (Id. at 11); Breach of Implied Contract”; and “Restitution” (In the Alternative to Breach of Contract)” (Id. at 14). It is long on assertions about the NFL but short on specifics about any NFL injuries Baker purportedly incurred.
The Complaint is curious because although it asserts that Baker began his career in the NFL in 1994, in fact he was still in college in 1994. To the extent that he suffered concussions in 1994 or 1995, that would have been the responsibility of Southern University and not the NFL. It further states that Baker played in “dozens” of NFL games. However, he never played in an NFL League game, though he may have played in a handful of preseason game. Finally, it states that Baker played in the NFL “to 1998” though his NFL employment ended in October 1997.
In March the Court noted that Ms. Baker, “without a lawyer, attempts to sue” the NFL and Jaguars “individually and on behalf” of Baker’s Estate and their two children. In the “Eleventh Circuit a pro se litigant who is not an attorney cannot sue on behalf of her child” (Order at 1 (3-8-21)). It gave Ms. Baker until April 9, 2021, to have counsel “enter an appearance” on behalf of the children (Id. at 2). The Court subsequently corrected the Order and gave Ms. Baker until May 31 for counsel’s appearance on behalf of the children. That did not happen, so the Court scheduled a telephone conference that “ordered Ms. Baker to appear by telephone and show cause why dismissal is not warranted for failure to comply with the Court’s May 7, 2021 Order” (Clerk’s Minutes(6-17-21)).
The Magistrate issued a Report the following day. It stated that when Ms. Baker did not appear on the scheduled conference call, the Court “reconvened” in the afternoon “and she did not appear” nor had she “moved for an extension or filed anything on the docket” (Report and Recommendation at 2 (6-18-21)). Ms. Baker “has not prosecuted the case—diligently or otherwise—and has failed to comply with the Court’s orders.” It therefore “recommends dismissal” (Id. at 3). The District Court judge accepted the recommendation, and on June 18, 2021, it dismissed the case without prejudice (Baker at 2). The case was terminated in July 2021.
Case #2
The day that Ms. Baker sued the NFL in Jacksonville, she filed virtually the same complaint in Manhattan federal court against the NFL but omitted the Jaguars. It had the same plaintiffs, the same causes of action, and was also filed pro se (Baker et al v, NFL Inc./Enterprises (NFL), S. D. N.Y. Case No. 1.21-cv-01099-ALC (2-5-21)). A New York Post article quoted the complaint, stating that the NFL had been “willfully non-observant” about the risks associated with head injuries (Katherine Bonilello, “NFL widow claims league knew of concussion dangers decades ago” (2-20-21)). The following month, the New York case was ordered transferred to Judge Anita Brody in Philadelphia Federal Court who oversees the NFL concussion cases (Conditional Transfer Order, MDL 2323 (3-26-21)).
Case #3
Ms. Baker also filed the complaint in federal court in St. Louis. The only significant difference between this and the Jacksonville case is that in St. Louis the Rams replaced the Jaguars as a defendant (Baker et al v. National Football League Inc./Enterprises (NFL) et al, E.D. Mo. (St. Louis), Case No. 4:21-cv-00157-SNLJ (2-7-21)). Ms. Baker filed a motion for leave to proceed in forma pauperis, and the case was assigned to a judge. The last docket sheet entry was on February 8, 2021.
Case #4
Ms. Baker filed the case in yet another federal court, this time in the Central District of California. The defendants were the NFL/Enterprises and the Los Angeles Rams and it had the same causes of action. Ms. Baker filed a request to be relieved of the requirement of filing fees, and to represent her children, but the requests were denied. The Court ordered the case closed (Baker et al v. Los Angeles Rams, National Football League Inc./Enterprises, C.D. Cal, Case No. 2:21-cv-01093-SB-MRW, Order Denying Request to Proceed Without Prepayment of Filing Fees and Closing Case (3-15-21)).
Case #5.
Naturally the Panthers were included in the party. Ms. Baker filed the same complaint in North Carolina Federal Court that merely swapped out the Rams or Jaguars and substituted in the Panthers (Baker et al v. National Football League Inc./Enterprises, Panthers Football LLC, W.D.N.C. Case No. 3:21-cv-00058-RJC-DSC (2-5-21)). Two weeks later the Court denied the motion for leave to proceed in forma pauperis (Order (2-29-21)). In March the Court issued an order dismissing the case without prejudice, and the clerk entered judgment that same day (“Order Dismissing Case without prejudice” and “Clerk’s Judgment” (3-26-21)).
Philadelphia
Ms. Baker’s New York complaint found its way to Judge Anita Brody in Philadelphia. In April 2021 the NFL made a motion to dismiss (Motion to Dismiss the Complaint, E.D. Pa., Case No. 21-cv-01493; MDL No. 2323 (4-21-21)). The motion noted that none of the plaintiffs had opted out of the class action settlement (Id. at 4). It asserted that the claims had been released under the class action settlement, (Id. at 6), and were barred under the final order and judgment in the class action case and should be dismissed (Id. at 8). There had been a final judgment on the merits, this complaint involved the same parties as those involved in the class actions settlement, and the case constituted a separate suit based on the same cause action asserted in the class settlement (Id. at 9).
Ms. Baker did not respond to the motion, so Judge Brody ordered her to show cause by May 25, 2021, why the NFL’s motion to dismiss “should not be granted” (Order (5-10-21)). Ultimately, Ms. Baker “neither responded to the Motion or the Court’s Order to Show Cause” and, consequently, Judge Brody granted the NFL’s “unopposed” motion to dismiss the complaint “filed by Settlement Class Member Connie Joann Baker” (Order (5-26-21)).
Conclusion
Ms. Baker sued the NFL in five separate courts in February 2021. By June 2021, every case was dismissed or was moribund and subject to res adjudicata. Given the paucity of the record, it is impossible to know if Baker ever had a concussion in the NFL, and if so, why he never joined the NFL class action case. These are difficult issues for counsel, and vastly more so for non-lawyers. It is a sad story and hopefully Baker’s family prospers in the future.
