Las Vegas Aces and WNBA file motions to dismiss Dearica Hamby's lawsuit | Aces

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

Hamby's lawsuit, filed a month ago in U.S. District Court in Las Vegas, accuses her of “repeated acts of intimidation, discrimination and retaliation” before and after the former Aces player was transferred to the Sparks in January 2023 while she was pregnant with her second child.

The WNBA and Aces' motions to dismiss, obtained by the Review-Journal, say Hamby “failed to state a claim upon which relief could be sought” in her complaint, as Hamby seeks unspecified damages for the loss of her “reputational prestige” associated with playing for the two consecutive WNBA champions.

In her lawsuit, she also claimed that she lost marketing and promotional opportunities due to the forced move from Las Vegas to Los Angeles and that the WNBA terminated her marketing contract with the league in retaliation. She is also seeking compensation for emotional damages.

The Aces' motion asks for all of Hamby's claims to be dismissed. The team is represented by Gregory Gilbert, Dora Lane and Erica Medley of Holland & Hart LLP.

“The false allegations against the Aces are not sufficient to establish a plausible claim for damages,” the Aces’ lawyers argue in the lawsuit.

“Hamby's claim for retaliation is inadequate because she does not present facts establishing the required 'but for' causation connection, and allegations that are merely 'consistent' with liability do not meet the required standard of action. Hamby's claim for discrimination is equally inadequate because she does not present facts establishing that she suffered harm with respect to an identifiable term of employment.”

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

The league's lawyers cite three “independent reasons” why they believe Hamby's case should be dismissed. These include the argument that Hamby's Civil Rights Act claims for unlawful employment practices “fail in their entirety because Hamby does not plausibly allege that the WNBA 'hired' her.”

This is a developing story. Check back later for updates.

Contact Callie Lawson-Freeman at [email protected]. Follow @CallieJLaw on X.