The case will be heard in NY. MN judge orders it moved

Daniel Wallach ‏@WALLACHLEGAL 7m7 minutes ago
Judge Berman orders NFL & Brady lawyers "to down their rhetoric" and to immediately "pursue a mutually acceptable resolution of this case"

Daniel Wallach ‏@WALLACHLEGAL 3m3 minutes ago
Judge Berman says he's "fully prepared to devote time & attention necessary to help parties resolve case via [ruling] or by mutual consent"

Raffi Melkonian ‏@RMFifthCircuit 3m3 minutes ago
Judge Berman ain't messing around. This is good stuff; federal judiciary doing its work. @adbrandt @bostonherald

https://twitter.com/RMFifthCircuit/status/626782676922413056

Raffi Melkonian ‏@RMFifthCircuit 45s45 seconds ago
Raffi Melkonian retweeted Andrew Brandt

Parties are directed "forthwith" to have settlement discussions. That's judgespeak for "you better be negotiating."

dannydyn said:

Can someone confirm this?

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source ?

Sfpat said:

I am more of the thought that the league outsmarted themselves. A labor judge appointed by Clinton will more than likely, if all things are equal, side with labor. I'm not sure this judge will take too kindly to the leagues actions thus far in this case.

The league may have been better off having the case heard in Minnesota

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I hope you are correct. That would be great.

Here is the exact order:

"
07/30/2015 11 ORDER: Based upon the record herein, the Court directs as follows: 1- While this litigation is ongoing, it is appropriate (and helpful) for all counsel and all parties in this case to tone down their rhetoric; 2- The Court greatly appreciates the Hon. Richard H. Kyle's (U.S.D.J. Minnesota) involvement in and speedy review of the National Football League Players Association case against the National Football League filed in Minnesota. See Order dated July 30, 2015, I5 cv 3168 (RHK/HB) ("The Court appreciates no 'compelling circumstances' undermining application of the first-filed rule to transfer this action from Minnesota to New York, where the first action was filed."); 3- If they have not already done so, the parties and counsel are directed forthwith actively to begin to pursue a mutually acceptable resolution of this case; 4- The timetable set forth in the Court's July 29, 2015 memo endorsement remains in effect. Please also see the Court's individual rules regarding motion practice. (The earth is already sufficiently scorched, in the Court's view.) 5- The Court is fully prepared to devote the time and attention necessary to help the parties resolve this case via litigation and/or by mutual consent. (Signed by Judge Richard M. Berman on 7/30/2015) (kgo) (Entered: 07/30/2015)
"

so why wasn't the Brady camp ready to file the second Goodell made his ruling? With the NFL screwing up and not signing the original, the PA would have been able to file first.

Brewskies said:

They had to expect that the most probably decision was to leave the suspension at 4 games. Prepare paperwork based on that decision have someone in Minn and file the minute the decision came out. After all they knew they had refused all offers from the NFL and that the NFL had refused the offer made by Brady.

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The NFL knew in advance when they would release their decision and probably had a guy on site ready to file it within seconds or minutes. The case was probably filed before the NFLPA team even had a chance to READ Goodell's decision. This timing issue was not winnable.

TommyBrady12 said:

it would have been impossible for brady to file the same day in Minnesota. the nfl waited until tuesdsy afternoon to release the appeal verdict. then inmediately filed in NY.

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I am sorry I missed this at the time you posted it. I wouldn't have continue the discussion. Thanks for following up to me.

TommyBrady12 said:

source ?

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Daniel Wallach @WALLACHLEGAL

Could we all just stop the would-coulda-shoulda over who might have filed what where and when? I chimed in on this yesterday and I still don't know if I was right or wrong, but it really doesn't matter anymore. "It is what it is."

The case is with a very good Judge who seems to be taking charge of the case and telling the Parties, work something out or I'll work it out for you and you might not like what I do.

sambam94 said:

so why wasn't the Brady camp ready to file the second Goodell made his ruling? With the NFL screwing up and not signing the original, the PA would have been able to file first.

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no it wouldn't have because the NFLPA would be in guessing game when it will actually happen, whereas the NFL KNEW when the decision was to be released, and had their file pretty much in court before Gooddell even spoke.

Point 5 seems big. Sounds like he's open to hearing both sides, which the lawyer media types warned was not a given.

FrodoBagginz said:

I am not going to be overly optimistic due to almost nothing going the Pats way. But we should have at least a much better shot at winning in court than we did at winning the appeal against Dictator Roger Goodell and his minions.

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Let p be the probability of Brady prevailing in court. Then the ratio of Brady's odds in court vs. with Rigger Goodell (h/t reddit) is p/0.

JDot said:

Daniel Wallach ‏@WALLACHLEGAL 7m7 minutes ago
Judge Berman orders NFL & Brady lawyers "to down their rhetoric" and to immediately "pursue a mutually acceptable resolution of this case"

Daniel Wallach ‏@WALLACHLEGAL 3m3 minutes ago
Judge Berman says he's "fully prepared to devote time & attention necessary to help parties resolve case via [ruling] or by mutual consent"

Raffi Melkonian ‏@RMFifthCircuit 3m3 minutes ago
Judge Berman ain't messing around. This is good stuff; federal judiciary doing its work. @adbrandt @bostonherald

https://twitter.com/RMFifthCircuit/status/626782676922413056

Raffi Melkonian ‏@RMFifthCircuit 45s45 seconds ago
Raffi Melkonian retweeted Andrew Brandt

Parties are directed "forthwith" to have settlement discussions. That's judgespeak for "you better be negotiating."

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Negotiating...well the NFL's version of negotiating is completely unreasonable. After that phone leak there shouldn't be any kind of settlement regarding a suspension.

Settlement discussions? Compromise? I don't like the wording. Is he even going to read up on the cba violations?

Palm Beach Pats Fan said:

The NFL knew in advance when they would release their decision and probably had a guy on site ready to file it within seconds or minutes. The case was probably filed before the NFLPA team even had a chance to READ Goodell's decision. This timing issue was not winnable.

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You're absolutely right, I was wrong with my thinking. I didn't know the decision had to be attached as was pointed out to me by TommyBrady12.

Mutual consent is out the window so let's just move on to the litigation.

If the NFLPA loses this one then the entire CBA is junk and Goodell can officially do whatever he wants. Take 100% of the revenue if you want, why not?

Patriot Missile said:

Settlement discussions? Compromise? I don't like the wording. Is he even going to read up on the cba violations?

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His point seems to be: "Look, it is better if you work it out among yourselves. If I can assist you in doing that in a way that doesn't require me to actually make a ruling, great. If you can't, then I will rule."

Kudos to both Judge Kyle and Judge Berman. After months of manipulative screwing around by Commissioner Scheisskopf and the Goon Squad, we finally got people who are going treat this in a business-like fashion.

This is a serious legal matter and I don't believe for one second that judges at this level would act in a prejudicial manner because of their rooting interests in local sports franchises.

After all, it's not a life or death matter to everybody.

Just to us.....

Patriot Missile said:

Settlement discussions? Compromise? I don't like the wording. Is he even going to read up on the cba violations?

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He's probably annoyed that this ended up on his docket in the first place and doesn't want to be the one responsible for making a decision.