Brady et al v. National Football League et al

Filing 51

LETTER TO DISTRICT JUDGE, with Copy of Letter from Barbara P. Berens to Judge Nelson, by Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, Mike Vrabel. (Miller, Justi) Modified text on 4/8/2011 (lmb).

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767 11 ifth Avenue New York, NY 10153-0119 +1 212 310 8000 tel +1 212 310 8007 fax Weil, Gotshal & Manges LLP JAMES W, QUINN 1 212 310-8385 April 7, 2011 Jeflicy Pash, Esq. National Football League 280 Park Avenue New York, New York 10017 Dear Jeffrey: Yesterday, the federal judge hearing our lawsuit recommended that the parties avail themselves of federal court mediation to attempt to resolve this matter and avoid the harmful consequences of your "lockout." In addition to your letter of today, we are aware of Mr. Boies' comments after the hearing apparently rejecting the Court's suggestion. Your invitation to "resume" discussions in front of Mr. Cohen makes no sense as collective bargaining between the NFLPA and the NFL is over. Attached is a copy of a letter we have sent to Judge Nelson. As you can see, we agree with Judge Nelson's suggestion that the parties to the BrAdy litigation attempt to resolve the litigation with the assistance of the federal court in Minnesota. Class counsel is prepared to engage in such a mediation before a mediator chosen by the Court as soon as possible. We think it would be helpful for you to have owners involved as we plan to include members of the Brady class. Si nccrc l:. JlULS \V. Quinn US_ACTIVE:\43678250\01 \64922.0241 BERENS & MILLER, P.A. ATTORNEYS AT LAW 3720 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 W W W. BERENSMILLER.COM BARBARA PODLUCKY BERENS April 7, 2011 ADMITTED IN MINNESOTA, U.S. DISTRICT COURTS OF MINNESOTA ANO WESTERN DISTRICT OF WMSCONSIN TELEPHONE (612) 349-6171 FAx (612) 349-6416 RULE 408 —CONFIDENTIAL SETTLEMENT COMMUNICATION By Email The Honorable Susan Richard Nelson United State District Court 774 Federal Building 316 N. Robert Street St. Paul, MN 55106 Re: Brady et al. v. National Football League, et al. Court File No. I 1-cv-00639-SRN-JJG Eller, et al. v. National Football League, et al. Court File No. 1 l -ev-00748-JSM RHK 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 positions 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 cc: All Counsel of Record

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