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

Patriot Missile · Jul 30, 2015

"The earth is already sufficiently scorched in our view." Translation, this is a cluster **** of a case. A circus.

Hmm... Wonder why?

Get it together I guess would be the message.

PatsFanSince74 · Jul 30, 2015

MassPats38 said:
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)
"

Thanks. You're one of the posters who actually knows what he's talking about, so what does it mean? For both parties.

rochrist · Jul 30, 2015

YOUGOTMOSSED said:
If that's the case, he should recuse himself. Trust me, you don't want to make that application to a judge questioning his impartiality. The rest of the case is going to be a little . . . awkward after he denies it.

The judge who used to represent the NFL is the Minn judge, not the NY one.

rochrist · Jul 30, 2015

varjao said:
The timing of their actions indicates that the NFL played this one knowing the outcome, or at least with high expectations, at this point I believe that they have strong connections and made some moves.

It's time for the Brady team to make some noise, because it's like end of 3rd round taking a beat.

Or they just wanted to avoid Minn.

Tony2046 · Jul 30, 2015

tatepatsfan said:
SDNY is not an especially bad forum or jurisdiction. Like anywhere else, there are some excellent judges there, and some not-so good ones. I have not practiced before Judge Berman before, but I understand that he is a respected judge.

Oh, NO! Not Berman. Is this Chris's Brother?

HE..... ...COULD........BE..........FOUND............NOT..........GUILTY

Joey007 · Jul 30, 2015

The NFL has to have a plan here..

Koma · Jul 30, 2015

It's probably not a big deal, but the "tone down the rhetoric" instruction bothers me. I know it applies to both sides, but we've been hearing the NFL's version of things for months. Yesterday was the first time we got some pushback from Brady's side and none of it was as outrageous as the leaks by the league. Today, everyone is told to cut it out and act like a professional.

sambam94 · Jul 30, 2015

so judge wants them to settle..meaning Brady takes some games? Screw that...why do you think the case reached your desk in the first place..dummy

Froob · Jul 30, 2015

Joey007 said:
The NFL has to have a plan here..

If that were the case an NFL employee wouldn't have edited the Wells report.

MassPats38 · Jul 30, 2015

PatsFanSince74 said:
Thanks. You're one of the posters who actually knows what he's talking about, so what does it mean? For both parties.

I would be surprised if any of that is directed specifically to this case and would not be found in other cases over which he presides (NY law firms have a brutal reputation for contentious litigation and will paper a court docket relentlessly with motions/attorney conduct complaints because they are paid by the hour to make life unpleasant for opposing parties and attorneys).

Likely every federal judge encourages a resolution (my former employee in jury trials (when he did not need to decide factual issues himself)) would ask the parties in settlement discussions if they would consider it good business to bring in 12 people off the street to decide complex business problems. I don't read that order as anything out of the ordinary given the typical players in larger cases. In short, spare me the feigned outrage and try to work this out before I have to work this out.

SHOWTIME15 · Jul 30, 2015

sambam94 said:
so judge wants them to settle..meaning Brady takes some games? Screw that...why do you think the case reached your desk in the first place..dummy

this is standard in almost every case.

Dr Pain · Jul 30, 2015

"a confirmatory judgment" is a technical filing (as opposed to a substantive filing) appropriate only where it is necessary for the court to issue a confirmatory judgment awarding monetary damages pursuant to an arbitration wherein the substantive question of who gets how much $$$ was already decided. It is not a hostile proceeding, but an "agreed upon by the parties" mechanism to get payment. The NFL is using a filing technique not as intended and there is a good chance the judge will not be happy about this and how this started in his court. It is a slime ball move ihmo.

For anyone thinking Brady's team got out played, don't. They couldn't file against an arbitration judgement not yet released and NFL controlled the timetable.

Also as far as scorched earth, being in NYC he is unlikely to have heard much of the defense so the scorching he would have seen would have been at the hands of the NFL. I like what I am seeing. When I did a quick glance at https://dockets.justia.com/search?judge=Richard+Berman&nos=710&cases=mostrecent there are quite a few labor cases but I haven't seen any that scream union to me yet that I want to pull up in Pacer. Still looking.

Palm Beach Pats Fan · Jul 30, 2015

In the Minnesota filing, Kessler quoted Kraft in his blunt remarks, and in several places Kessler used phrases like "that assertion is ridiculous".

Kessler can indeed "tone it down" without backing off of any position, IMO. Take out the Kraft comments and say that something is "contrary to the facts" rather than "ridiculous".

Berman must like a matter-of-fact style rather than more colorful presentations. Not a big issue, I'd think. And he won't demand a settlement, but he will be royally ticked off if he finds that one side or the other refused to even talk about a resolution.

ctpatsfan77 · Jul 30, 2015

Joey007 said:
The NFL has to have a plan here..

It's a probability game. To use made up numbers, if you feel court A has 10 sympathetic judges and 3 unsympathetic ones out of 20, but court B has just 8 sympathetic and 6 unsympathetic out of 20, you go with court A.

Tony2046 · Jul 30, 2015

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.

Except for that whole Super Bowl thing.

RxJock1120 · Jul 30, 2015

JMC00 said:
Apparently people are overlooking that Kessler is a NY laywer.

So you are saying Kessler is a Jets fan too...this is worse than i initially thought!

NJPatsfan26 · Jul 30, 2015

Froob said:
If that were the case an NFL employee wouldn't have edited the Wells report.

this does have me wonder a few things.

What if Wells used the data from Columbia University and not Exponent and found that the NFL really was at fault with their own practices and procedures on the handling of footballs?

So Ted Wells presents his report to the NFL, they immediately hate it and decide to edit it to make the NFL come out on top and hire Exponent to do a hack job and then just stamp Well's name on it and here we are.

just a thought...

libra957 · Jul 30, 2015

Feels like a boxing match and everyone is surprise the NFL pulled a pocket knife.

Dr Pain · Jul 30, 2015

Palm Beach Pats Fan said:
In the Minnesota filing, Kessler quoted Kraft in his blunt remarks, and in several places Kessler used phrases like "that assertion is ridiculous".

Kessler can indeed "tone it down" without backing off of any position, IMO. Take out the Kraft comments and say that something is "contrary to the facts" rather than "ridiculous".

Berman must like a matter-of-fact style rather than more colorful presentations. Not a big issue, I'd think. And he won't demand a settlement, but he will be royally ticked off if he finds that one side or the other refused to even talk about a resolution.

This has not yet been filed in NY. Doubt the judge read it last night like we did.

james87654 · Jul 30, 2015

libra957 said:
Feels like a boxing match and everyone is surprise the NFL pulled a pocket knife.

one cant help but admire their craftiness

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

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