15 Page Brief?

All the news stories yesterday said the appeal transcript was part of the NFLPA filing. Does that mean that the 15 page briefing requested by Judge Berman was also submitted? Is, does anyone have a link? I'd like to see how Kessler ties it all together.

raduray said:

All the news stories yesterday said the appeal transcript was part of the NFLPA filing. Does that mean that the 15 page briefing requested by Judge Berman was also submitted? Is, does anyone have a link? I'd like to see how Kessler ties it all together.

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I believe that the judge already looked over at what each side presented in their filings.

Galeb said:

I believe that the judge already looked over at what each side presented in their filings.

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The judge already has each side's original filings. He requested additional 15 page brief from each side. Those are the ones I'd like to see, but can't find a link.

Judge Berman offered both sides the opportunity to provide a 15 page (double spaced) brief that elaborated on their stated positions by August 7 (Friday): "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. "

I suspect, but have no way of knowing, that both sides will wait until the last minute to submit these briefs because they'll want to get a feel for how the proceedings in Judge Francis' Chambers evolve, so it's not surprising that they can't yet be found.

someone with a pacer account with SDNY is going to have to post the filings

PatsFanSince74 said:

Judge Berman offered both sides the opportunity to provide a 15 page (double spaced) brief that elaborated on their stated positions by August 7 (Friday): "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. "

I suspect, but have no way of knowing, that both sides will wait until the last minute to submit these briefs because they'll want to get a feel for how the proceedings in Judge Francis' Chambers evolve, so it's not surprising that they can't yet be found.

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They would also wait in case any new evidence comes out. For example, Pats could be sneaky and leak something after the NFL submits, but before the NFLPA does.

BTW, I love what the NFLPA is doing so far. Kessler took the ball and ran with it (to use an obvious analogy) after Berman instructed the parties: "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." [Hint. Hint. DON'T!]

Judge Berman is apparently a big believer in Justice Brandeis's oft-quoted words: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."

In this case, Brandeis' wisdom clearly works for the NFLPA. Kessler's move was so ****ing smart and has no doubt put the NFL on its heels before the Magistrate this week.

It's early, but so far a good week for the good guys!

Galeb said:

They would also wait in case any new evidence comes out. For example, Pats could be sneaky and leak something after the NFL submits, but before the NFLPA does.

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I like sneaky. Sneaky is good.

PatsFanSince74 said:

Judge Berman offered both sides the opportunity to provide a 15 page (double spaced) brief that elaborated on their stated positions by August 7 (Friday): "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. "

I suspect, but have no way of knowing, that both sides will wait until the last minute to submit these briefs because they'll want to get a feel for how the proceedings in Judge Francis' Chambers evolve, so it's not surprising that they can't yet be found.

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Interesting. So the NFLPA released the appeal hearing transcript by itself? Great PR response to all the NFL leaks. Except this one was legit, per Berman's unseal order.

PatsFanSince74 said:

I like sneaky. Sneaky is good.

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I would prefer there be no need for sneaky, but considering the tactics of those who attacked Brady and the Pats, I think being sneaky is more than justified. I could be wrong.

TommyBrady12 said:

someone with a pacer account with SDNY is going to have to post the filings

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My wife's a member of the Bar for NYS and SCOTUS. I'll see if she has an account like that which she can legally access regarding public documents.

Galeb said:

I would prefer there be no need for sneaky, but considering the tactics of those who attacked Brady and the Pats, I think being sneaky is more than justified. I could be wrong.

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To paraphrase, the immortal lines of Sean Connery in The Untouchables. Until this week, starting with Kraft's debacle in San Francisco, the good guys were bringing knives to a gunfight.

Now, it looks like Kessler is changing the rules a la Connery: "They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue."

In the movie, Connery calls it fighting by "Chicago Rules," but, believe me, Kessler is now fighting by New York Rules. It's like he's saying to Goodell: "OK. You wanted us to play in your sandbox when you filed your Motion to Uphold in New York a nanosecond after your Ruling, well, welcome to how we play the game here."

raduray said:

The judge already has each side's original filings. He requested additional 15 page brief from each side. Those are the ones I'd like to see, but can't find a link.

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The briefs haven't been filed yet. All of the information released yesterday was from the NFLPA's Amended Answer to the Complaint, Complaint, Counterclaim and Exhibits filed with the Court. These were all filed because the Minnesota case and New York cases are effectively being consolidated in New York. There are 210 NFLPA exhibits, which may be one reason why no one has posted them. That's where the Brady emails and transcript came from.

TomPatriot said:

The briefs haven't been filed yet. All of the information released yesterday was from the NFLPA's Amended Answer to the Complaint, Complaint, Counterclaim and Exhibits filed with the Court. These were all filed because the Minnesota case and New York cases are effectively being consolidated in New York. There are 210 NFLPA exhibits, which may be one reason why no one has posted them. That's where the Brady emails and transcript came from.

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Thanks. Do you have an account to access them? I'm working that angle down here.