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NFL’s brief in support of motion to dismiss not due for weeks

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We promised last night to break down the legal brief in support of the NFL’s motion to dismiss the Tom Brady antitrust lawsuit, as soon as we got our hands on it.

And we plan to honor that promise.  Eventually.

As it turns out, the NFL hasn’t filed a brief yet.  Instead, the league filed on Monday a simple, two-page document requesting that the case be dismissed, with no specific arguments or reasoning articulated therein.

It’s a good thing the NFL got extra time to respond to the civil complaint.

NFL spokesman Greg Aiello tells PFT via e-mail that the brief in support of the motion to dismiss isn’t due until 42 days before the September 12 hearing on the motion to dismiss.  That gives the league until early August to reduce its arguments to writing.

So much for the wheels of justice being coated with a thick layer of WD-40.

In the interim, here’s hoping that negotiations will continue and none of this will ever matter.

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19 Responses to “NFL’s brief in support of motion to dismiss not due for weeks”
  1. trbowman says: Jun 7, 2011 1:43 PM

    “In the interim, here’s hoping that negotiations will continue and none of this will ever matter.”

    Quote from Gandalf –

    “There never was much hope, just a fools hope.”

  2. eagles83 says: Jun 7, 2011 1:46 PM

    The longer this drags out the futher away the light at the end seems to get.

    It seemed for a brief few days that maybe negotiations would continue because it’s in the best interest. For every bit of optimissm we get, it’s always followed by a malstrom of pessimism.

    I’m having a very hard time believeing that the NFL will start on time. Here’s to an 8 game season…

  3. myballsmyrules says: Jun 7, 2011 1:55 PM

    “In the interim, here’s hoping that negotiations will continue and none of this will ever matter.”

    ************************************

    The owners can’t negotiate by themselves. DEmoron and his band of greedy blind followers need to negotiate as well.

  4. FlikeMorio says: Jun 7, 2011 1:59 PM

    So ridiculous. Just end this B.S., please. We want football.

  5. eagiants says: Jun 7, 2011 2:07 PM

    “eagles83 says:
    Jun 7, 2011 1:46 PM
    The longer this drags out the futher away the light at the end seems to get.

    It seemed for a brief few days that maybe negotiations would continue because it’s in the best interest. For every bit of optimissm we get, it’s always followed by a malstrom of pessimism.

    I’m having a very hard time believeing that the NFL will start on time. Here’s to an 8 game season…”

    Couldn’t agree more. We’re in the 2nd week of June with nothing even close to a deal or negotiations set up. Looks like I’ll have to brush up on my college football research. Does the “U” still stink?

  6. seatown12 says: Jun 7, 2011 2:10 PM

    another day…another useless story…more useless comments…good times…

  7. berniemadoffsides says: Jun 7, 2011 2:15 PM

    Procrastinate more.

  8. zerored78 says: Jun 7, 2011 2:17 PM

    Well, that’s it. The courts have lifted the stay and now are running down the clock for the owners. We will lose games unless the players cave in to the owners’ demands.

  9. rooneyruleblues says: Jun 7, 2011 2:17 PM

    I dont get why everyone is so confused about why the *NFLPA has not countered an offer yet. Seems obvious that if they do put out a formal counteroffer it will be a huge flag that they are in fact still a union. Sitting in a room together is one thing, but stamping your name on a document and signing it is another.

    Nothing will get done until the judge makes his decision. After that the ball will roll.

  10. time2speakup says: Jun 7, 2011 2:18 PM

    MF, you write, “…here’s hoping the negotiations will continue….” and there I need help. Session scheduled for yesterday (June 6) was scrubbed last week – I saw that, but I did not see why. Did I miss something. And I did not see any alernate or make up meeting planned. Somebody tell me what I missed. Whats taking place next meeting-wise. ???? Thanx!

  11. chapnastier says: Jun 7, 2011 2:27 PM

    Like myballsmyrules said the owners can’t negotiate with themselves and the players seem to have no interest in actually working out a deal. I know the pro-player crowd will give a lot of thumbs down to this but prove me wrong.

  12. minormillikin says: Jun 7, 2011 2:37 PM

    Believe it or not, this case isn’t moving slowly. An antitrust case with appeals and motions commonly takes years to complete.

    I’m in legal support, and I’ll give you an example:

    In a case I have been working on (a divorce settlement appeal), it took one side 6 months to file the 1st brief. The next brief is due 5 months from now. And then there will be another brief and possibly a number of motions. If I’m lucky this case will be over near the end of 2012.

    The example I’ve used is a much simpler situation than the NFL situation. It involves only two parties and they’re arguing over a much smaller chunk of money.

    The bright side is that the NFL and Players both have incentives to hurry things along. They have to decide how to divide the pie, knowing that the pie is shrinking a little bit every day.

  13. laeaglefan says: Jun 7, 2011 2:55 PM

    Here’s to an 8 game season with half empty stadiums. I hope everyone involved will be happy with that.

  14. orbearider66 says: Jun 7, 2011 2:57 PM

    I predict games will begin in October. The owners can ride out a year without football while some of the players haven’t even been able to make it to the point where they’re missing game checks. But, when game checks are missed, I think we’ll see a mad scramble to the negotiating table.

    If that’s the case, I hope that it is the reality check that both sides need. I would hope that the players can set aside their sense of entitlement and righteous indignation and the owners can set aside their sense of sticking it to the players. Just get a deal done that is good for both sides because that is a deal that is good for the game of football.

  15. saints25 says: Jun 7, 2011 2:57 PM

    i just think the quailty of football will suck this year…I really dont care anymore.I they miss games?then why not cancel the whole year.The 2 sides are taken all of us fans granted,an dont give a crap about us…. because they say will come back whenever a deal is done..If they miss 1 game this year,i hope that the stadiums are less than half full,dont go to the games people.That way the owners an players realize…They can’t make it without the fans !!!!

  16. jaycutlerslagunabeach says: Jun 7, 2011 3:14 PM

    anyone else just skip over the labor stories like I do?
    It’s become like spam emails to me i scipher through 30 stories on de de demaurice smith and rodger goddell or the freakin jedi council hearings so I can read the one relevant story you have posted about possible free agents or what players are running workouts.

    I mean I used to waste a whole day at work reading this stuff now I can’t make it to lunch without going through all the stories.

    I might actually have to start caring about shooty hoops now

  17. myballsmyrules says: Jun 7, 2011 4:01 PM

    @jaycutlerslagunabeach

    Yet you take the time to post a rambling ignorant statement

  18. pastorinisflak says: Jun 7, 2011 4:20 PM

    I don’t think their definition of “brief” is the same as it is to us common folk.

  19. nflfan101 says: Jun 7, 2011 5:01 PM

    I do not see an end to this mess anytime soon. Can anyone show me anything that D. Smith has done that indicates that he is willing to do anything other than litigate?

    D. Smith has decided that he is going for either total victory or bust in the courts. I believe that he looks at it as either win in court and get rid of all player employee rules or lose in court and be in the same situation as present. He doesn’t see how he can lose either way.

    Given all of the concessions that we have been told that the owners have made, how can D. Smith lose? D. Smith and the players have no incentive to negotiate and make a deal. So they won’t.

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