NFLPA files motion to vacate

[RobertWeathers]

Judge Judy does all the time. You better not let her catch you in a lie or your goose is cooked and your case is lost!

There is someone better...

 

[vyrago]

Not to mention that they can't very well uphold the suspension for obstruction when the "obstruction" in question was failure to provide a phone that Wells had already acknowledged he didn't want.

We've been dragged down the rabbit hole.

 

[PatsFanSince74]

I don't think you are right. Mediation sessions are not for the public. Only if they go to trial.

Here is the Judge's order (my highlights). The meetings on the 12th and 19th are open court sessions. Meetings with the Magistrate Judge could be conducted in private; however, I believe that even the record of those meetings would be available to the public with a FOIA request.

"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)

 

[PatsFanSince74]

Not only on the record, but it will be public (no cameras allowed, though). So if you hightail it to NYC and get in line early enough, you can be in the courtroom for it.

I actually have jury duty this week in the NY Supreme Court building on Centre streee, right across the way from the SDNY Court building. If I get released early, I'm sure as hell hightailing it over to Pearl Street to see if I get lucky and either see the principals coming or going or if I can somehow get admitted to Courtroom 17B.

 

[PatsFanSince74]

Like most people here i am assuming, i am a legal idiot.. Can someone with some know how explain how many of these points have to be right for brady to win? Is it one, two, five, all of them. Please help we all thank you on advance.

It's my understanding that Judge Berman could Vacate the Ruling if he found that any one of the defects argued by Kessler in Sections Three to Six of his Motion to Vacate was valid.

 

[MagicMarker]

Too many pages...I don't know if this has been listed before, but the NFLPA has a footnote to case law that indicates the suspension should be overturned for violating the CBA. Note who wrote the third one:


3
United Steelworkers v. Enter. Wheel & Car Corp.
, 363 U.S. 593, 597 (1960);
In re MarinePollution Serv., Inc.
, 857 F.2d 91, 94 (2d Cir. 1988);
NYC v. Ass’n of Wall-Ceiling & Carpentry Indus. of N.Y., Inc.
, 2015 WL 1938148, at *5 (S.D.N.Y. Apr. 27, 2015) (Berman, J.).

 

[VrabelMayeWin]

Rare that something is so clear that is can be summed up in one tweet. But this one is :

Daniel Wallach retweeted
David Min ?@dkmin 4m4 minutes ago
If Wells = not independent then Goodell is ruling on his own report. Hard to understand claim of impartiality.