#DFG: Canceling the Noise

Is there any level of suspension that you would advise Tom to accept?


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MarcSullivaFan

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Hoo-hoo-hoo hoosier land.
Not happening today.

What kind of Judge issues an order saying he anticipates issuing an order within the timeframe he previously announced for issuing the order?

The insanity of this whole farce is apparently contagious.
 

edmunddantes

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Van Everyman said:
Cue the speculation for what Berman taking his sweet time means.

Edit: E5 beats me to it.
I believe DC (or one of the other lawyers) already primed it even earlier. Speculating that the later the better for Brady as no need to hear labor day stay briefings. 
 

OnWisc

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E5 Yaz said:
 
Okay, I'll ask it: Is it possible that the sides have asked Berman to hold off while they conduct super-secret settlement talks?
Goodell probably asked Berman to hold off until the Patriot's plane is in the air to Buffalo on week 2.
 

BusRaker

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Perhaps Berman caught wind of the lost productivity coming out of the New England region the past hour or so?
 

Tim Salmon

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Judge Berman is really milking this.  There's no reason to issue a status-update "Order."  If the parties were hassling the Clerks, they could be told to knock it off via phone.  If the parties are talking settlement, how does "by the end of the week" (as opposed to "AT the end of the week") offer any breathing room?
 

DennyDoyle'sBoil

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Van Everyman said:
Cue the speculation for what Berman taking his sweet time means.
 
Speculation 1:  The judge knows he's going to rule for Brady so he can take his time, because Brady won't need any extra time to seek a stay.
 
Speculation 2:  The judge knows he's going to hammer Brady, and since he's going to uphold the suspension anyway, it doesn't really matter how quickly he gets it out.
 
Speculation 3:  The judge's grandson has a little league game tonight and he didn't finish in time.
 
Speculation 4:  The phone has been ringing off the hook in chambers.
 
Speculation 5:  The law clerk said, "I'm having trouble writing section V, because I don't think the case we're relying on means what we thought it did, so I need some more time with it," and the judge is being courteous because he knows that lots of people are waiting.
 
Speculation 6 to infinity -- whatever you like.
 

E5 Yaz

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PedroKsBambino said:
I keep waiting for JWHenry to show up in this thread and post "it's over---no deal"
 
"It really transcends football at this point"
 

joe dokes

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Maybe it's a polite way of saying "stop calling my chambers."
 
 
Especially since many USDC Judges' orders issue from the clerk's office (that Clerk of Court, not law clerks) not from the Judge's chambers.
 

dcmissle

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It would be hilarious if he is tweaking NFL counsel. But he does not need an order to do that. It would be very funny if he is jacking with the owners. But they are not nearly sophisticated enough to get his possible drift.

Maybe people are pestering Chambers. Peter King with his latte and so forth.
 

CoffeeNerdness

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You know reading or hearing the phrase 'turd in the punchbowl' really doesn't have the visceral pop of actually seeing a floater wending its way through a sea of fruit punch.
 

OnWisc

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ESPN has their Brady victory headline ready as well:

"Steelers defense 'not concerned' by history of doctored balls as they prepare to face Brady in season opener."
 

DennyDoyle'sBoil

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Guys, seriously -- here's what it means:
 
It means the judge isn't done with it yet. 
 
That's all it means.  He issued an order today before close of business, because he knew it wasn't going to be out by the end of the day, because he doubtlessly saw speculation in the press that a decision was coming today, and he's probably getting lots of phone calls.  So, he's being courteous to the press and to interested parties, and he's also doing the NFLPA a bit of a favor by telling them, "don't worry, I still understand that things get complicated if I don't rule by the end of the week and that's my intention."
 

MarcSullivaFan

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Hoo-hoo-hoo hoosier land.
Tomorrow afternoon he should issue an order confirming today's order. "The still court anticipates issuing an order and decision by the end of the week." Then he should issue the same order on Thursday. On Friday he should issue an order stating that the court has "Gon' Fishing."
 

DJnVa

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MarcSullivaFan said:
https://twitter.com/pftcommenter/status/638814827171831808
 

Why is that huge?
 
That's exactly what he's always said he'd do.
 

amarshal2

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DennyDoyle'sBoil said:
 
Speculation 1:  The judge knows he's going to rule for Brady so he can take his time, because Brady won't need any extra time to seek a stay.
 
Speculation 2:  The judge knows he's going to hammer Brady, and since he's going to uphold the suspension anyway, it doesn't really matter how quickly he gets it out.
 
Speculation 3:  The judge's grandson has a little league game tonight and he didn't finish in time.
 
Speculation 4:  The phone has been ringing off the hook in chambers.
 
Speculation 5:  The law clerk said, "I'm having trouble writing section V, because I don't think the case we're relying on means what we thought it did, so I need some more time with it," and the judge is being courteous because he knows that lots of people are waiting.
 
Speculation 6 to infinity -- whatever you like.

 
Albert Breer knows, why don't you?
 
 
Albert Breer ‏@AlbertBreer  9m9
[URL="https://twitter.com/AlbertBreer/status/638815313262460929"]link to tweet minutes ago[/url]
Two things are clear: Judge Berman's not happy that a) this thing is in federal court in the first place and b) the sides can't settle.
 

 
 
Personally, I'm just impressed he learned so much from a single, unrelated sentence.
 

amarshal2

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DrewDawg said:
 
Why is that huge?
 
That's exactly what he's always said he'd do.
 
It's a NFL parody account.  He's mocking everyone else (and doing a great job I might add).
 

bowiac

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My unsubstantiated guess is that this is the result of the reports that Brady was willing to consider a suspension, and he's hoping that settlement talks are proceeding.
 

PaulinMyrBch

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Well this is going Brady's way IMO. Doesn't take until Friday to rule for the NFL, you just throw a few sentences together about upholding the powers of the CBA, blahblahblah, and it's cha-ching. Happy hour!
 
The ruling and order for Brady take more time. Have to be careful writing an order vacation the arbitrator's award. 
 

edmunddantes

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Dropkick Izzy said:
Motherfucker...

So did Kessler fuck this up with release this AM?
Yep. Berman had it all tied up, nicely written, even some good double entendre's directed towards Goodell and company, and then he went to go have his breakfast bagel with lox and his coffee and read the paper.
 
Lo and behold, his ticker tape twitter machine fires up, and it's Kessler or associates mouthing off to the media about the case. 
 
He does a spit take, and calls up his clerk "goddamn him!!! Rip it up and start over, we're going to burn this asshole"
 

OnWisc

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edmunddantes said:
Yep. Berman had it all tied up, nicely written, even some good double entendre's directed towards Goodell and company, and then he went to go have his breakfast bagel with lox and his coffee and read the paper.
 
Lo and behold, his ticker tape twitter machine fires up, and it's Kessler or associates mouthing off to the media about the case. 
 
He does a spit take, and calls up his clerk "goddamn him!!! Rip it up and start over, we're going to burn this asshole"
Can't tell if sarcastic or not...
 

DennyDoyle'sBoil

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PaulinMyrBch said:
Well this is going Brady's way IMO. Doesn't take until Friday to rule for the NFL, you just throw a few sentences together about upholding the powers of the CBA, blahblahblah, and it's cha-ching. Happy hour!
 
The ruling and order for Brady take more time. Have to be careful writing an order vacation the arbitrator's award. 
 
In terms of the tea leaf reading that goes on in this thread, and with the caveat that we really have no fucking idea, I'd say that this is actually more high quality than most.
 
One thing not to underestimate is that judges are just like the rest of us with respect to work.  They have fancy jobs, but they are still jobs.  Sometimes they like to work, sometimes they feel burned out, sometimes they are lazy, sometimes they want to read the internet.  The assumption yesterday, which immediately got elevated to Gospel, was that the "opinion was already written."  
 
Why does Berman want this to settle?  Well, one answer is that it's hard to rule against the nation's most popular sports league and also it's hard to rule against the GOAT, and so he would like to avoid that and maybe play hero a bit.  Or maybe it's just a real lot of fucking work, and he would have liked to avoid having to write an opinion about a complicated labor law issue that seems to be heavily disputed with no clear answer.  So, maybe the opinion wasn't written at all.  (Doesn't mean he hasn't decided, just that he sill has to write.)  And writing a judicial opinion -- especially one that lots of people will read on complicated unsettled issues -- is really fucking hard.  So he needs more time.  He's probably busting his ass right now, or at least those in his employ are.
 

PaulinMyrBch

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I also think that this has nothing to do with the parties still trying to settle. They were far apart, Berman admitted it didn't settle, and honestly, if the parties were talking about settlement in some capacity, there would be leaks galore and it would be all over twitter. I think he's being very careful and I think it favors the detail required to vacate. 
 

Joshv02

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edmunddantes said:
Yep. Berman had it all tied up, nicely written, even some good double entendre's directed towards Goodell and company, and then he went to go have his breakfast bagel with lox and his coffee and read the paper.
 
Lo and behold, his ticker tape twitter machine fires up, and it's Kessler or associates mouthing off to the media about the case. 
 
He does a spit take, and calls up his clerk "goddamn him!!! Rip it up and start over, we're going to burn this asshole"
Huge if true.
 

allstonite

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Joshv02 said:
Huge if true.
 
True but could mean the opposite. goes both ways imo
 
/please disregard if you are unfamiliar with the comedy genius that is pftcommenter
 

Ed Hillel

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bowiac said:
My unsubstantiated guess is that this is the result of the reports that Brady was willing to consider a suspension, and he's hoping that settlement talks are proceeding.
 
He must not have read the reports about the NFL's stance, then.
 
I think he's probably just a bit leery of having the signature case of his career overturned and just wants to make sure everything is in order. My bias in hoping/thinking he'll be overturning an arbitrator's decision may play a role in that...
 
Maybe interpolating Feely/Mara's testimony, if that happened, would delay things. That would be one hell of a way to get at the NFL, though. Mara won't help facilitate a settlement? Ok, bring him in and used his words against him.
 
Edit - Fucking McCann beats me by 2 minutes!