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

BradyFTW! said:

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 ****.

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Then not sure what the NFL wants to settle now especially they didnt even reduce the original suspension. Unless maybe the judge wants to see the sealed records of the arbitration meeting .(I assume he is allowed to see anything ?)

Deus Irae said:

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

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P: Miss Vito, what’s your current profession?

M: I’m an out of work hairdresser.

P: Out of work hairdresser? Now, in what way does that qualify you as an expert in automobiles?

M: It doesn’t.

P: In what way are you qualified?

M: Well, my father was a mechanic, his father was a mechanic, my mother’s father was a mechanic, my three brothers are mechanics, four uncles on my father’s side are mechanics–

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SVN said:

Then not sure what the NFL wants to settle now especially they didnt even reduce the original suspension. Unless maybe the judge wants to see the sealed records of the arbitration meeting .(I assume he is allowed to see anything ?)

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I think there are some pretty reasonable factors for why the NFL would want to get this done before the season. For starters, the first game of the year is going to be in Foxboro. Having Brady play that game under an injunction would create a PR ****storm from both sides that I'm sure Goodell would rather do without. If he can't get his judgment upheld in court and force Brady to sit out the first game of the season, you know that would be probably the best day of his exceptionally ******ed life.

QuantumMechanic said:

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."

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what about the last summer days in the Hamptons?

I hope this emphasis on a settlement does not mean that Brady will have to miss game(s). Wonder if judge says take 2 and get out of here.

juny said:

I hope this emphasis on a settlement does not mean that Brady will have to miss game(s). Wonder if judge says take 2 and get out of here.

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Thats the part with the magistrate iam worried about. If he tells the jdge that NFL was willing to reduce it to 2 and NFLPA didnt agree then I dont know how it sits with them.On the other hand if NFL reduces it to 2 then it looks even more stupid to uphold the suspension in the first place accepting their mistake.

Ross12 said:

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

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the 15 pages does NOT include the stuff that is already on the record, including the 54 page complaint filed in Minnesota.

TommyBrady12 said:

the 15 pages does NOT include the stuff that is already on the record, including the 54 page complaint filed in Minnesota.

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http://www.bostonglobe.com/sports/2...against-nfl/ndk4DOTBJCEopmx6qmXXCL/story.html

Here it is. 54 Pages. It's pretty much the same petition they filed in Minnesota.

I'd attach it here, but 54 pages. So you can either give the Globe a click or re-read the initial one. Same difference either way.

if they offer a game, does tom take it???

Gronkowski123 said:

if they offer a game, does tom take it???

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I hope not, but I say that today, as someone with no feeling about which way the judge would rule in the absence of a settlement. The attorneys on site will likely have a much better feel for that.

juny said:

I hope this emphasis on a settlement does not mean that Brady will have to miss game(s). Wonder if judge says take 2 and get out of here.

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I don't think that's how it works. The judge, as I understand, will either rule that Goodell acted within the law/CBA as arbitrator--in which case the punishment stands--or that he didn't, in which case it doesn't.

He would rather this gets settled so he doesn't have to get involved, but if it doesn't get settled he won't be re-deciding the penalty.

Deus Irae said:

I hope not, but I say that today, as someone with no feeling about which way the judge would rule in the absence of a settlement. The attorneys on site will likely have a much better feel for that.

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i'd take the deal tbh..tom wants to play. you never know how this ******* will rule

brady/goodell in the same room. wonder how tom feels now that roger thinks brady's a cheater/accused him of basically using ped's. lol

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 Hamptons beckon. I expect they're lovely in September when a lot of the summer folk are gone!

BradyFTW! said:

I don't think that's how it works. The judge, as I understand, will either rule that Goodell acted within the law/CBA as arbitrator--in which case the punishment stands--or that he didn't, in which case it doesn't.

He would rather this gets settled so he doesn't have to get involved, but if it doesn't get settled he won't be re-deciding the penalty.

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Agreed. The judge has two options in the ruling:

1. Uphold the suspension

2. Overturn the suspension

That's it. He cannot reduce the suspension to 2 games or issue a fine.

Deus Irae said:

I hope not, but I say that today, as someone with no feeling about which way the judge would rule in the absence of a settlement. The attorneys on site will likely have a much better feel for that.

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I hope he does not take even a game if offered. If he takes one game he basically he admits he cheated and just used the process to work down the penalty. That admission of cheating affects not only Tom but the entire Patriots superbowl era. All of it. Actually, if he fights and the arbitrations stands it actually looks like so much overkill on the part of the NFL. Yeah, general awareness is equivalent to what Hardy did or twice as bad as what Rice did. If he takes 1 game he can no longer maintain and credibility of being innocent of tampering with the psi in the balls.

I'd fight, if he loses he can still stand up and claim he did nothing wrong and got railroaded but a commissioner with a vendetta. Hell it might actually motivate him to file a defamation suit since with the cell phone destroyed/broken, it's less likely any unrelated but damaging evidence could be recovered it from it.

Gronkowski123 said:

if they offer a game, does tom take it???

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My worry about that is that this judge obviously wants the parties to negotiate. Right now, the NFL are the buttholes who are refusing to compromise. If they offer 1 game and Brady declines, Brady may, in the eyes of the judge, look like the butthole who refuses to compromise.

It wouldn't matter that even a 1 game suspension is ridiculously unfair. By starting so high at 4 games the NFL looks like they are acting in good faith by compromising down to 1 or 2 games.

rochrist said:

The Hamptons beckon. I expect they're lovely in September when a lot of the summer folk are gone!

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Agreed.

Anyone who has been to the Hamptons in late Aug/early Sept know that to miss that time of year is sacrelidge.

XLIX said:

My worry about that is that this judge obviously wants the parties to negotiate. Right now, the NFL are the buttholes who are refusing to compromise. If they offer 1 game and Brady declines, Brady may, in the eyes of the judge, look like the butthole who refuses to compromise.

It wouldn't matter that even a 1 game suspension is ridiculously unfair. By starting so high at 4 games the NFL looks like they are acting in good faith by compromising down to 1 or 2 games.

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Never underestimate the "workers" battle with " the man".

i would rather the judge uphold the suspension than brady take a 1 or 2 games settlement offer.

What I am hoping for is something like this:
-Tom Brady - "After this process and a better dialogue with the NFL during the settlement talks, I have come to understand my role in this matter from a different perspective. I maintain that I never advised nor know about ball tampering at any time. That said, there were irregularities on the night of the AFC title game and in order to protect the game, these things must be taken seriously.

After talks with the NFL, commissioner Goodell most especially, I accept that in order to bring closure to this matter and to maintain good faith across the league penalties must be levied and accepted. The NFL will shortly announce the settlement we have reached. I agree with the conditions and believe them to be fair and correct. After the announcement I will not answer nor address this issue again. Thank you."

-The NFL - "Tom Brady is suspended for the 2015 preseason schedule for the irregularities found during the 2014 AFC title game. The NFL, during this process, has found that the process of investigation was incomplete in no small part to the absence of set ball testing parameters and a poor system of compliance. The NFL has already detailed the new ball testing protocol to be in place in 2015, and Tom Brady has been fined $100,000, all of which will be applied for payment of the additional personal and equipment required to implement this system in week 1 of the 2015 season. We consider the matter closed and will not respond to further inquiries."

One can dream.