On Thursday, Judge Richard M. Berman made like the Honorable Moses Harry Horowitz (a/k/a Moe Howard) and clunked together the heads of the NFL and NFLPA, directing them to: (1) quit talking publicly about the #DeflateGate case; and (2) start talking to each other privately about resolving it.
The next day, instead of submitting a motion requesting a ruling by September 4 or, alternatively, an injunction allowing Brady to play until the case is resolved, NFLPA lawyer Jeffrey Kessler submitted a letter informing Judge Berman that the two sides have been talking, and that they’ve agreed on a proposed schedule for resolving the case.
They’ve agreed that the case can be concluded without depositions or document requests or testimony or the formal introduction of evidence in court. They’ve also agreed it can be resolved quickly, with the NFL and NFLPA submitting initial documents supporting their respective positions by August 7 and the parties then responding to each other’s initial submissions seven days later.
The focus then would shift to the oral argument before Judge Berman, because that would be the day on which -- before, during, or after the hearing ends -- he likely would call the lawyers and a key representative from each party (perhaps Roger Goodell and Tom Brady) into his chambers for the purposes of twisting arms (or gouging eyes) in an effort to settle the case.
I’ve said all along that a four-game fine, with no acknowledgment of wrongdoing from Brady, would make the most sense. Although the NFL may strenuously object to that outcome, the league could feel differently if/when Judge Berman says, “You can take no suspension and a four-game fine, or you’ll get no suspension and no fine. It’s up to you.”