Posted on: April 25, 2011 3:27 pm
Edited on: April 25, 2011 3:38 pm

Brady v. NFL stipulation of time agreed on, again

Posted by Will Brinson

The NFL-loving world waits on this Monday for news from Judge Susan Nelson as to whether or not the lockout will be lifted. While we wait on that ruling, though, CBSSports.com has learned that the two parties in Brady v. NFL have agreed to a second stipulation to extend the time in which the NFL (and therefore any subsequent defendants in the case) has to answer the plaintiffs' complaint.

This stipulation extends the time answer thru May 23, 2011.

However, that does not mean we won't get a Order from Judge Nelson this afternoon on the "lockout ruling" -- in fact, we still could.

What this does mean is that Judge Nelson is significantly more likely to issue a stay against the beginning of the NFL's season, which means it's unlikely that free agency, etc., will begin before the draft.

The timing of this sort of thing is never coincidental -- a few weeks ago, we also reported a stipulation that extended the time to answer thru April 27, 2011. As we said then, it was likely Judge Nelson would issue a ruling before that date, and it appears that's exactly what will happen now.

The May 23 date, in all likelihood, is designed to give at least a one-month stay in the time with which the NFL can appeal the ruling (or, should Judge Nelson rule in favor of the league, a time in which the players can appeal).

Having a finalized outcome relating to the "Lockout Ruling" is critical to the progress of this case, and therefore necessary before the defendants can proceed with their answer.

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Posted on: April 7, 2011 5:48 pm
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Posted on: April 7, 2011 1:59 pm
Edited on: April 7, 2011 2:02 pm

Players letter to NFL requesting mediation

Posted by Will Brinson

CBSSports.com has obtained a copy of the letter that the players in the Brady v. NFL antitrust case sent to Judge Susan Nelson requesting federally mandated mediation.

Dear Judge Nelson:

We are writing in response to the Court's suggestion that the parties engage the services of the federal court in Minnesota in an effort to mediate and settle the current litigation. We take your comments regarding protecting the parties position to heart. As class counsel on behalf of the Brady class, we think this is an excellent suggestion and are prepared to engage in such mediation without delay.

Our agreement is, of course, contingent on the NFL defendants'  agreement that they will not attempt to use this, our willingness to mediate, against the Brady class in some way, for example by arguing that such mediation efforts constitute "collective bargaining" or otherwise arise out of a "labor relationship."

Very Truly Yours,
Barbara P. Berens

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Posted on: April 7, 2011 1:53 pm
Edited on: April 7, 2011 2:22 pm

Source: Players send NFL letter asking to mediate

Posted by Will Brinson

UPDATE (2:00 PM EST): CBSSports.com has obtained a copy of the players' letter to Judge Nelson and the NFL's counsel requesting mediation.

During yesterday's lockout hearing, Judge Susan Nelson urged both sides on the Brady v. NFL case to proceed with settlement talks -- in the manner of federal-court monitored mediation -- while she took a few weeks to make her ruling.

Predictably, the NFL wasn't particularly gung-ho about the idea of engaging in binding mediation with Judge Nelson presiding (though the players, obviously, were).

Liz Mullen of the Sports Business Journal reported that the players were expected to send a letter to the NFL asking to begin federal mediation.

We've confirmed, via sources close to the situation, that the players are indeed sending such a letter to the NFL on Wednesday afternoon.

It probably won't matter much, as the NFL -- even with the formal request -- is unlikely to acquiesce and enter into such mediation.
NFL Labor

In fact, Mullen's also reported that the NFL will send their own letter to the players in Brady, requesting that the two sides resume mediation under the watch of George Cohen of the Federal Mediation and Counseling Services in Washington, D.C.

Again, no surprise there. What makes the NFL's case here a bit problematic is that the federal judge watching over the antitrust case didn't request that the two sides begin mediation with Cohen.

And though she'd probably be okay with any talk of settlement, it's unlikely to happen. As we detailed yesterday, there's a serious issue of semantics at hand when it comes to the way can even begin to settle.

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The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com