Brady et al v. National Football League et al
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).
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
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:.
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
RULE 408 —CONFIDENTIAL
The Honorable Susan Richard Nelson
United State District Court
774 Federal Building
316 N. Robert Street
St. Paul, MN 55106
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
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
All Counsel of Record
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