With a strong sense of pessimism and a return of the public pissing matches between the NFL and the players, we suspected that Magistrate Judge Arthur Boylan would bring the two sides in and gauge immediately on Tuesday whether they’re serious and, absent real proof that they are, adjourn the mediation and invite Judge Susan Nelson to issue a ruling on the motion to lift the lockout.
Though that could still happen, it hasn’t happened yet.
Lawyer Michael Hausfeld, who represents the Carl Eller class action, which has been consolidated with the Tom Brady class action, disputed the notion that the parties are merely going through the motions in anticipation of winning the pending motion.
“This is no charade, this is no illusion,” Hausfeld told Albert Breer of NFL Network. “This is going to come to a resolution, either by the parties compromising and agreeing, or by a judgment. And even with a judgment many times, there is then a discussion on how to compromise the judgment so there’s not a winner-take-all situation. This takes time, and the court is doing everything within its power to get the parties to realize that.”
Hausfeld also pointed to a 100-page document prepared in response to questions posed on Friday by Magistate Judge Boylan as evidence that the parties are taking the situation seriously.
Meanwhile, Breer passes along some anecdotal evidence that meshes with something we’ve heard from Twin Cities contacts. Lawyers not involved in the case who have swung by out of curiosity have indicated that, if anyone can work this mess out, it’s Magistrate Judge Arthur Boylan.
And so, as we’ve become comfortable once again with pessimism, we’re now starting to feel a bit optimistic.
Which means that pessimism will be back, soon.