New Order From Judge Berman (Friday 7/31 Afternoon)

ORDER: Thank you for your letter, dated July 31, 2015. I found it helpful. It is "OK" to file a public version of the answer and counterclaim as you request. I always have considerable difficulty approving any sealed documents, given the keen public interest in these matters and the public's right to know. It's up to you whether to file any sealed motions or sealed document applications at this time. I have two further suggestions: First, because I already have a good understanding of your positions from your submissions to date, you need only each file a 15 page double spaced memo (further supporting your positions) by August 7, 2015. In the nature of a reply brief, perhaps. Second, I am scheduling a status/settlement conference for Wednesday, August 12,2015 at 11:00 a.m., with your principals (including, without limitation, Mr. Goodell and Mr. Brady). Let's see what we can accomplish at that conference and if there is a need for more written submissions, the August 14, 2015 submission date you propose is fine. I am also scheduling a status/settlement/oral argument conference for Wednesday, August 19, 2015 at 10:00 a.m., again with your principals (including, without limitation, Mr. Goodell and Mr. Brady). Please jointly confirm all dates by 3:00 p.m. on Monday, August 3, 2015, tel: (212) 805-6715. Lastly, I request that you all engage in comprehensive, good-faith settlement discussions prior to the conference on August 12,2015. Magistrate Judge James C. Francis, IV is available to assist you if you wish. Settlement Conference set for 8/12/2015 at 11:00 AM before Judge Richard M. Berman. Settlement Conference set for 8/19/2015 at 10:00 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 7/31/2015) (kgo) (Entered: 07/31/2015)

My take:

He clearly thinks this is a matter that should not require judicial intervention. He has not even guaranteed the parties the right to file reply briefs (don't read into this that he is for or against Brady, this is being imposed against both parties, and I've had a similar order imposed in one of my cases by a different judge). By ordering one conference for 8/12 - before replies (if permitted) would be filed, he is essentially giving both parties one chance to make their best case in 15 pages by 8/7.

It is also good language, in my opinion, that he is hesitant to seal documents. Typically this favors the party in the NFLPA's position, since it is the NFL who really wants most of the information to remain confidential.

"Now no dessert, for either of you, until you sort it out!"

Hope they make Goodell squirm.

Its good language and I hope brady doesnt settle for anything less than 0 games in front of the magistrate.

I can see how this will go

RG "Just surrender and confess Tom and I will lower your suspension"
TB "Nope"

I picture that being the negotiations.

Kessler can work some real magic in 15 pages. Hell, he would get it done with 5.

The cynical part in me wonders why the judge is so accommodative to a quick solution and ready to finish all this and place all the dates in place as soon as the request was made , in a place where the NFL filed first.

SVN said:

Its good language and I hope brady doesnt settle for anything less than 0 games in front of the magistrate.

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Total vacating of the punishment.

No games. No fine.

tatepatsfan said:

My take:

He clearly thinks this is a matter that should not require judicial intervention. He has not even guaranteed the parties the right to file reply briefs (don't read into this that he is for or against Brady, this is being imposed against both parties, and I've had a similar order imposed in one of my cases by a different judge). By ordering one conference for 8/12 - before replies (if permitted) would be filed, he is essentially giving both parties one chance to make their best case in 15 pages by 8/7.

It is also good language, in my opinion, that he is hesitant to seal documents. Typically this favors the party in the NFLPA's position, since it is the NFL who really wants most of the information to remain confidential.

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So it means there wont be any hearing from the parties during the court case and just submission of their appeals via written form after which the judge decides ? Just asking about the process.

Ross12 said:

Kessler can work some real magic in 15 pages. Hell, he would get it done with 5.

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Kessler's writing in response to the NFL's statement, acted out:

SVN said:

The cynical part in me wonders why the judge is so accommodative to a quick solution and ready to finish all this and place all the dates in place as soon as the request was made , in a place where the NFL filed first.

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maybe he realises this is all ********

SVN said:

The cynical part in me wonders why the judge is so accommodative to a quick solution and ready to finish all this and place all the dates in place as soon as the request was made , in a place where the NFL filed first.

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the NFLPA did ask for the matter to be expedited.

SVN said:

So it means there wont be any hearing from the parties during the court case and just submission of their appeals via written form after which the judge decides ? Just asking about the process.

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There could still be a hearing, he just hasn't ordered one yet. For the moment, briefs are due on 8/7, and he has scheduled two conferences, one for 8/12, and another for 8/19 (and this one he said could be an "oral argument" type of hearing, he has left it ambiguous). Conferences like these are typically (but not necessarily) closed to the public. By keeping them closed, in theory, that would help facilitate settlement discussions.

Hoodie said:

the NFLPA did ask for the matter to be expedited.

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BOTH sides asked for it to be expedited, not just the NFLPA. I would imagine that judges, especially those with a crowded docket, love it when both parties in a case say "Hey judge, we both want to get this over with ASAP."

George Atallah of the NFLPA said that they offered a no games but only fine settlement to NFL who they didnt responded. Whenasked if brady would accept a 1 game or 2game suspension he said he doesnt know he wouldve to ask Tom. Dont know how brady decides at the 11th hour. I doubt NFLPA wants to settle less than anything of a total win without which their case wrt to the CBA abuse wont go anywhere. Now depends on Tom if he feels he can to risk going the judge to decide or compromise.

I'm glad this has a real shot to be resolved soon-ish. Can't quite bring myself to be optimistic atm, though. Not really pessimistic either, I have no idea how this might play out.

SVN said:

George Atallah of the NFLPA said that they offered a no games but only fine settlement to NFL who they didnt responded. Whenasked if brady would accept a 1 game or 2game suspension he said he doesnt know he wouldve to ask Tom. Dont know how brady decides at the 11th hour. I doubt NFLPA wants to settle less than anything of a total win without which their case wrt to the CBA abuse wont go anywhere. Now depends on Tom if he feels he can to risk going the judge to decide or compromise.

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The time for taking a deal "to put it behind us" went out the window with that ******** "destroyed his phone" nonsense.

SVN said:

George Atallah of the NFLPA said that they offered a no games but only fine settlement to NFL who they didnt responded. Whenasked if brady would accept a 1 game or 2game suspension he said he doesnt know he wouldve to ask Tom. Dont know how brady decides at the 11th hour. I doubt NFLPA wants to settle less than anything of a total win without which their case wrt to the CBA abuse wont go anywhere. Now depends on Tom if he feels he can to risk going the judge to decide or compromise.

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I wouldn't think the union would want a settlement that included a suspension, either. There's no way they want there to be precedent for 1) players getting punished for general awareness of things that other people did, 2) players being compelled to turn over private, personal effects that are unrelated to the case, 3) players being punished without notice according to rules that explicitly don't apply to them, etc. etc.

By agreeing to a reduced suspension, the NFLPA would be validating Goodell's authority to do all this shady ****.

I am not Brady.

I can't imagine for a second that anything other than ZERO games would be satisfactory. Brady doesn't need the money, or another ring to cement his on-field legacy, or any admission (or seemingly admitting). I would think and hope that Brady would rather lose and sit 4 games than cave at this point. The man's honour is at stake. Screw negociations and screw RG.

tatepatsfan said:

My take:

He clearly thinks this is a matter that should not require judicial intervention. He has not even guaranteed the parties the right to file reply briefs (don't read into this that he is for or against Brady, this is being imposed against both parties, and I've had a similar order imposed in one of my cases by a different judge). By ordering one conference for 8/12 - before replies (if permitted) would be filed, he is essentially giving both parties one chance to make their best case in 15 pages by 8/7.

It is also good language, in my opinion, that he is hesitant to seal documents. Typically this favors the party in the NFLPA's position, since it is the NFL who really wants most of the information to remain confidential.

Click to expand...

My take was that TB12 wanted documents sealed (due to privacy) but I kinda ask folks to correct any misunderstanding that I may have.