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


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I dont think he'll get out of it without a fine, since there is already precedent set from the Favre case for not turning over his phone

I'm fuzzy on this...Brady will get fined for not turning over his phone that Wells never asked for and didn't want? How exactly does THIS make sense?
 
If there is a fine, I hope the Patriots (openly and publicly) adjust his salary and make him whole.
 
I dont think he'll get out of it without a fine, since there is already precedent set from the Favre case for not turning over his phone
Does that precedent matter? It was never challenged.
 
If there is a fine, I hope the Patriots (openly and publicly) adjust his salary and make him whole.

he's prob worth a billion and it goes to charity -- doubt he's worried about it
 
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)

This is one no-nonsense, no drama guy. He either dictated that himself or a clerk who knows him very well wrote it for him after speaking to him (assume "kgo" is the assistant who signed it on his behalf, but it might be the clerk who drafted it).

Limits them to 15 double-spaced pages.
Tells Brady and Goodell they both better have nothing more important to do on the 12th and the 19th than be in his courtroom at 11am and 3pm.
Says he's not inclined to seal things
Mentions the word "settlement" three times in the text of his comments. Not so subtle, huh?

Seems to me it's designed to make both sides uncomfortable and remind them that he has the power to vacate or uphold the original findings in their entirety. Sounds to me like he won't be happy with the side the Magistrate tells him he doesn't think is operating in good faith.

Also seems to me that he finds the whole thing pretty trivial, which is not unexpected from a guy who has tried terrorists and been on the bench as long as he has and it's almost like he's saying, "You want 'expedited,' I can do 'expedited.' Here, 'Expedite this.'"

My take. Slight advantage to the good guys, but Brady's going to have to give something. "Settlement" doesn't mean "It has to be my way." And, Judge Berman clearly thinks this is something that can be settled without the intervention of the court.
 
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I get the impression you're a NYC bigshot, eh PFS74 ?

I'm honored to rub shoulders with people as astute and accomplished as many of the members of Patsfans are.
 
This is one no-nonsense, no drama guy. He either dictated that himself or a clerk who knows him very well wrote it for him after speaking to him (assume "kgo" is the assistant who signed it on his behalf, but it might be the clerk who drafted it).

Limits them to 15 double-spaced pages.
Tells Brady and Goodell they both better have nothing more important to do on the 12th and the 19th than be in his courtroom at 11am and 3pm.
Says he's not inclined to seal things
Mentions the word "settlement" three times in the text of his comments. Not so subtle, huh?

Seems to me it's designed to make both sides uncomfortable and remind them that he has the power to vacate or uphold the original findings. Sounds to me like he won't be happy with either side if the Magistrate tells him he doesn't think they're not operating in good faith.

Also seems to me that he finds the whole thing pretty trivial, which is not unexpected from a guy who has tried terrorists and been on the bench as long as he has and it's almost like he's saying, "You want 'expedited,' I can do 'expedited.' Here, Expedite this."

My take. Slight advantage to the good guys.

It is comical. I'm not a lawyer but I did read some of his cases and opinions. SEC cases. Fortune 500 labor violations. Conspiracy to commit terrorism....and coming to a court near you, conspiracy to deflate footballs.

Frankly, as a Patsfan I want justice.

As a US taxpayer I am pissed. I'm glad Judge Berman is putting this ridiculousness in proper perspective and trying hard to get this trash of a case off his docket quickly.
 
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It is comical. I'm not a lawyer but I did read some of his cases and opinions. SEC cases. Fortune 500 labor violations. Conspiracy to commit terrorism....and coming to a court near you, conspiracy to deflate footballs.

Frankly, as a Patsfan I want justice.

As a US taxpayer I am pissed. I'm glad Judge Berman is putting this ridiculousness in proper perspective and trying hard to get this trash of a case off his docket.

And unless one side is willing to roll the dice and risk Berman's vacating or upholding the entire finding, each side is going to have to give something. Woe to the side that Berman feels was not cooperating. I've never met this guy, but I've lived in New York for 25 years and I feel like I know him from dealing with so many people like him in the legal and financial worlds.
 
And unless one side is willing to roll the dice and risk Berman's vacating or upholding the entire finding, each side is going to have to give something. Woe to the side that Berman feels was not cooperating. I've never met this guy, but I've lived in New York for 25 years and I feel like I know him from dealing with so many people like him in the legal and financial worlds.

Let's hope he sides with the guy with 4 SB rings :D

Thanks for your insights. Crazy its gotten this far....
 
And unless one side is willing to roll the dice and risk Berman's vacating or upholding the entire finding, each side is going to have to give something. Woe to the side that Berman feels was not cooperating. I've never met this guy, but I've lived in New York for 25 years and I feel like I know him from dealing with so many people like him in the legal and financial worlds.
But I can't believe that a "pro-labor" judge would be willing to let the NFL take a dump all over the a CBA. Though I agree he probably thinks this is a colossal waste of time and taxpayer money (which it is).
 
And unless one side is willing to roll the dice and risk Berman's vacating or upholding the entire finding, each side is going to have to give something. Woe to the side that Berman feels was not cooperating. I've never met this guy, but I've lived in New York for 25 years and I feel like I know him from dealing with so many people like him in the legal and financial worlds.


PFS74, you are the Patfanken of this legal case.

Thank you for your great insight. I'm learning lots just from reading your continuing commentary.
 
And unless one side is willing to roll the dice and risk Berman's vacating or upholding the entire finding, each side is going to have to give something. Woe to the side that Berman feels was not cooperating. I've never met this guy, but I've lived in New York for 25 years and I feel like I know him from dealing with so many people like him in the legal and financial worlds.

Cooperation doesn't not require that one 'give something'. It just requires good faith participation.
 
Masspatsfan38 and pf74 seem to bring the goods when they speak about law. Agree with other posters, I've learned a ton on the fly from them.
 
Hey guys, remember, this ruling will be precedent for future cases - the judge can't let his personal bias get in the way, especially in federal court where the issues and judges are more sophisticated than state court. if he issues a laughable ruling, his colleagues and the 2nd circuit appeals court will laugh at him.
 
I don't understand the thought of a suspension being reduced. Goodell either can give a suspension for equipment violations or he can't (spoiler:he can't). There's no "well he broke the CBA but hey take two games anyways." He also can't suspend someone for not handing over their phone, especially because he didn't even ask for it. The real settlement should be what happens to Goodell.
 
Hey guys, remember, this ruling will be precedent for future cases - the judge can't let his personal bias get in the way, especially in federal court where the issues and judges are more sophisticated than state court. if he issues a laughable ruling, his colleagues and the 2nd circuit appeals court will laugh at him.
..and Judge Bermen is surely aware of the other vs NFL rulings are well by the other Fed judges.
 
Does that precedent matter? It was never challenged.

Im not a lawyer, i just pretend to be one on the internet.. but I'd imagine with previous precedent set, its a lot easier for the NFL to hold him to that fine

Id love to see Brady walk out of there with a pearly white smile, not missing a single game or paying a single $ in fines.. then make a donation to some organization for the amount the fine could have been as another FU to the league
 
It is comical. I'm not a lawyer but I did read some of his cases and opinions. SEC cases. Fortune 500 labor violations. Conspiracy to commit terrorism....and coming to a court near you, conspiracy to deflate footballs.

Frankly, as a Patsfan I want justice.

As a US taxpayer I am pissed. I'm glad Judge Berman is putting this ridiculousness in proper perspective and trying hard to get this trash of a case off his docket.

oh yeah, this is absolutely outrageously embarrassing for the sport, this country, and rational adults everywhere.
think of the time and money flushed on this nonsense vendetta
 
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