First. my personal thanks for walking us "layman" through this process and this district (Southern NY) in particular.
I can't find, but I thought you outlines 2 proposals for Brady to submit for settling with the NFL (perhaps I recall the wrong poster). But, I'll ask my question: Is there any advantage for submitting settlement criteria first? The NFL has been beating Brady/NFLPA to the punch every time and the fact that the NFL hasn't moved from their 4 game/admit guilt precedent is setting the bar way too high.
Should Brady be the first to offer the NFL terms for a settlement and keep them on the defensive?
My opinion, the 2 sides will be so far from the middle that it will have to be referred to Judge Berman on the 12th.
I'm a total layman. I've deferred throughout to the litigators out here who have posted some useful stuff, like MassPats38, who should be doing commentary in the national media.
I've just given my perceptions of Berman based on 25 years of living around guys like him here in Manhattan. I might be right, I might be wrong, but I think I understand who Judge Berman is.
I think you did recall the wrong poster, as I have no idea and have taken no view on what Brady should submit. In fact, my guess is that the less he "submits" the better at this point unless it's a suggested settlement.
What I do (think I) know is:
1) Berman really does want to see a good faith effort at a settlement. That's basically bad news for the NFL, because it suggests he thinks there's something to "settle," which is clearly not what Goodell thinks. Can Brady sell Berman the idea that offering to pay a fine for "not co-operating" is enough good faith? I don't have the foggiest idea. Can Goodell sell Berman the idea that reducing the suspension to two games is enough? I don't know.
2) If they're as far apart as you suggest they might be on the 12th, Berman will just go with the impression he has formed from the two Motions that have been presented to him, whatever that might be. See the post to which you responded. He either thinks Goodell is a fraud and Wells is a weasel and will vacate the ruling or he thinks that Brady is Too Cool for School and is hiding something and will uphold the ruling. Your guess is as good as mine as to where he is on all of that. I have absolutely no idea, but I think things look just a little better for Brady than they do for Goodell, but it's close.
Berman really doesn't want this case in his court; he's not some 45 year old judge trying to get his face in the papers and make a name for himself. The case was foisted on him. That's good for Brady. I think Goodell was hoping for an ambitious judge who would see this as a way to endear himself to the public in New York and get his name in lights. Instead he got a judge, who, a a few months ago, probably wouldn't have recognized Tom Brady or Eli Manning on the street if they walked past him.
If you read Berman's instructions to the two sides, they are short, terse and don't evidence much patience.
He wants Brady and Goodell in his presence "without limitation." I sure as hell wouldn't want to be the one who tells him that the times and dates he has dictated don't "fit with my schedule."
He wants the two sides to make nice and show him they tried to settle.
He doesn't want to read more than 15 (double spaced!) pages.
In effect, he's daring each side to take the chance of pissing him off.
Berman holds all the cards at this point.
If he vacates Goodell's ruling, Goodell is basically ****ed.
If he affirms it, Brady has a very narrow set of low probability options left before him.
That's all this layman who has lived among folks like Berman for 25 years in NYC. I might be right. I might be wrong.
