Brady et al v. National Football League et al
ORDER: Pursuant to 28 U.S.C. § 651(b) and Local Rule 16.5, the Court hereby orders the parties and attorneys to participate in mediation, the terms of which are set forth in the Order. Signed by Judge Susan Richard Nelson on 04/11/2011. (jmf)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Tom Brady, Drew Brees,
Vincent Jackson, Ben Leber, Logan Mankins,
Peyton Manning, Von Miller, Brian Robison,
Osi Umenyiora and Mike Vrabel,
individually and on behalf of all
others similarly situated
Civil No. 11-CV-639 (SRN/JJG)
National Football League, et al,
Carl Eller, Priest Holmes,
Obafemi Ayanbadejo, Ryan Collins,
and Antawan Walker, individually and on behalf
of all others similar situated,
National Football League, et al.,
Barbara P. Berens and Justi R. Miller, Berens & Miller, PA, 80 South Eighth Street, Suite 3720,
Minneapolis, Minnesota 55402; Timothy R. Thornton, Briggs & Morgan, PA, 80 South Eighth
Street, Suite 2200, Minneapolis, Minnesota 55402; Bruce S. Meyer and James W. Quinn, Weil,
Gotshal & Manges, LLP, 767 Fifth Avenue, New York, New York 10019; Christopher R. Clark,
David G. Feher, David L. Greenspan, Jeffrey L. Kessler, Jennifer Stewart and Molly Donovan,
Dewey & LeBoeuf, LLP, 1301 Avenue of the Americas, New York, New York 10019, counsel
for Brady Plaintiffs.
Arthur N. Bailey, Jr., Hilary K. Scherrer, Jon T. King, Michael D. Hausfeld and Michael P.
Lehmann, Hausfeld LLP, 44 Montgomery Street, Suite 3400, San Francisco, California 94104;
Daniel S. Mason, Mark J. Feinberg and Michael E. Jacobs, Zelle Hofmann Voelbel & Mason
LLP, 500 Washington Avenue South, Suite 4000, Minneapolis, Minnesota 55415; and Samuel
D. Heins and Vincent J. Esades, Heins Mills & Olson PLC, 310 Clifton Avenue, Minneapolis,
Minnesota 55403, counsel for Eller Plaintiffs.
Daniel J. Connolly and Aaron D. Van Oort, Faegre & Benson, LLP, 90 South Seventh Street,
Suite 2200, Minneapolis, Minnesota 55402; Benjamin C. Block, Gregg H. Levy and James M.
Garland, Covington & Burling, LLP, 1201 Pennsylvania Avenue Northwest, Washington DC
20004; David Boies and William A. Isaacson, Boies, Schiller & Flexner, LLP, 333 Main Street,
Armonk, New York 10504, counsel for Defendants.
SUSAN RICHARD NELSON, United States District Judge
Pursuant to 28 U.S.C. § 651(b) and Local Rule 16.5, the Court hereby orders the parties
and attorneys to participate in mediation as a form of Alternative Dispute Resolution. Counsel
for the parties, as well as a party representative having full authority, shall attend.
Chief Magistrate Judge Arthur J. Boylan is appointed to serve as mediator. The
Plaintiffs shall provide confidential, ex parte submissions regarding their positions to Chief
Magistrate Judge Boylan by 5:00 p.m. on April 11, 2011. The Defendants shall provide their
confidential, ex parte submissions to Chief Magistrate Judge Boylan by 5:00 p.m. on April 12,
2011. On Tuesday, April 12, 2011, at 9:00 a.m. Judge Boylan will meet with representatives of
the Brady and Eller Plaintiffs (henceforth, "the Players") in person. On Wednesday, April 13,
2011, at 9:00 a.m., Judge Boylan will meet with representatives of the NFL in person. Formal
mediation with both sides will commence on Thursday, April 14, at 9:00 a.m., and all mediation
sessions, whether joint or separate, will be held in Judge Boylan's chambers, Suite 9E, United
States Courthouse, 300 South Fourth Street, Minneapolis, Minnesota. As noted, Judge Boylan's
chambers are located in the Minneapolis Federal Courthouse.
As required by Local Rule 16.5 (c), all confidential dispute resolution communications
shall remain confidential. Such communications include any "communication made to a neutral
during any Alternative Dispute Resolution process which is expressly identified to the neutral as
being confidential information which the party does not want communicated to any other person
outside the Alternative Dispute Resolution process." L.R. 16.5(c)(1). Further, the fact of
participation in this Court-ordered mediation, and any communications conveyed between the
parties in this process, shall not be admitted or used against any party in any other proceeding or
forum, for any purpose. See Fed. R. Evid. 408.
This mediation will not have the effect of a stay on this litigation. The Players' Motions
for a Preliminary Injunction remain under advisement, with an order to issue in due course.
Dated: April 11, 2011
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Court Judge
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