Aces, WNBA file motions to dismiss ex-player's federal lawsuit

The Aces and WNBA filed separate motions on Wednesday to dismiss Los Angeles Sparks player Dearica Hamby’s federal lawsuit against them.

Hamby’s lawsuit, which was filed a month ago in U.S. District Court in Las Vegas, alleged “repeated acts of intimidation, discrimination and retaliation” leading up to and following the former Aces player’s trade to the Sparks in January 2023 when she was pregnant with her second child.

The WNBA and Aces’ motions of dismissal, obtained by the Las Vegas Review-Journal, state that Hamby’s filing failed “to state a claim upon which relief can be granted,” as Hamby is seeking undisclosed damages due to the loss of “reputational prestige” associated with playing for the back-to-back WNBA champions.

Her filing also claimed she lost marketing and endorsement opportunities by being forced to move from Las Vegas to Los Angeles, and that the WNBA pulled her marketing contracting with the league as a form of retaliation. She is looking for compensation for emotional damages as well.

The Aces’ motion requests a dismissal of all Hamby’s claims. The team is represented by Gregory Gilbert, Dora Lane and Erica Medley of Holland & Hart LLP.

“The false allegations against the Aces fall short of stating a plausible claim for relief,” the Aces’ lawyers argue in the filing.

“Hamby’s retaliation claim is insufficiently pled because Hamby offers no facts to establish the requisite ‘but for’ causation, and assertions that are merely ‘consistent’ with liability do not meet the necessary pleading standards. Hamby’s discrimination claim is similarly deficient because Hamby does not present facts demonstrating she suffered some harm with respect to an identifiable term or condition of employment.”

The WNBA is represented by TALG Law, and New York-based firm Proskauer Rose LLP is listed on the filing as awaiting limited license to practice outside of its jurisdiction for the case.

The league’s lawyers cite three “independent reasons” they believe Hamby’s case should be dismissed, including the argument that Hamby’s claims under the Civil Rights Act for unlawful employment practices “fail in their entirety because Hamby does not plausibly allege that the WNBA ‘employed’ her.”