Lawyer tells Roger Goodell, David Baker to preserve their cell phones

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With the NFL apparently not inclined to accept the settlement offer made Monday by lawyer Michael Avenatti on behalf of all customers attending the Hall of Fame Game, by virtue of the competing offer made by the league, Avenatti apparently assumes the litigation will proceed.

Avenatti, consequently, has sent a letter to Commissioner Roger Goodell and Hall of Fame president David Baker instructing them preserve “electronically stored information and other evidence in your possession, custody or control as well as in the possession, custody or control of the NFL and/or the Hall of Fame,” including their “personal cell phones.”

The letter, a copy of which PFT has obtained, includes excerpts from an exchange between Patriots quarterback Tom Brady and Goodell during Brady’s appeal hearing, and it explains that Avenatti has “considerable reason to believe that there are incriminating text messages relating to the cancellation of the game, which show that fans were purposely not told of the cancellation in a timely manner.”

Avenatti doesn’t specify the content of the incriminating text messages. However, he undoubtedly will want to examine texts sent and received in the hours leading up to and following the cancellation of the Colts-Packers game in Canton.

The 10-page letter contains detailed instructions regarding the preservation of electronic evidence, and it requests confirmation by August 25 that steps were taken to preserve the requested information.

77 responses to “Lawyer tells Roger Goodell, David Baker to preserve their cell phones

  1. Here is the %age chance that anyone from the NFL will relinquish any smart phone, texts, email data, stored data, vmail, data stored on hard drives, external drives or remotely stored data from their personal devices or accounts:

  2. Brady destroyed evidence and only got a four game suspension. They should both destroy their phones and claim innocence like Brady did.

  3. Wow, this could be the end of the Goodell era…..and not too soon. He may be powerful but his last name isn’t Clinton.

  4. Eat that Goodell you corrupt….%!%*(#$%(

    I think he just has a mild heart attack.

  5. “Brady destroyed evidence and only got a four game suspension”

    No. Brady destroyed his phone after it had been fully examined by Wells and Wells said he no longer had any need to access it.

    Wells had already pulled everything he wanted off the phone.

    Keep believing the lies of Goodell and his corrupt cronies. That’s exactly what they want you to do.

  6. Hahahahahaha!!!! Oh, how this has made me laugh! I hope someone – anyone – sticks it to Roger but good!

  7. I haven’t smiled this much since Butler picked Wilson in SB49.

    Nothing personal, I like Russell Wilson. Just makes my day to see this pathological liar get his comeuppance.

    And to the red rubber bag full of hot water who thinks he should destroy the phone like Brady, at least Roger got notice instead of being sandbagged like they did to TB.

  8. Sounds like a complete fishing expedition with no reasonable cause–just someone guessing that there “must” be something incriminating on emails and text messages.

    Now having said that, it is hilarious. The law won’t support it, but the irony is great and it will keep people laughing.

  9. It sure is sad to see what the NFL has become under the tutelage of Integrity Goodell.

    It used to be that you would only see or hear from the commissioner at the draft, and at the Super Bowl, but Goodell has decided to try and keep up with the Kardashians, though they obviously have more class.

  10. BTW, since it is mentioned, the appeal transcript detailed the “destroyed” Brady phone reasoning:

    Can I just say something as I think about the
    12 process —
    13 Q. Yes, please.
    14 A. — of getting rid of the phone?
    15 Q. Anything you would like to tell about the
    16 Commissioner.
    17 A. I think whenever I’m done with the phone, I
    18 don’t want anybody ever to see the content of the
    19 phone, photos. Obviously there is a log with the
    20 smart phones of all my e-mail communications. So in
    21 those folders, there is player contracts. There’s,
    22 you know, endorsement deals. There’s — along with
    23 photos of my family and so forth that I just don’t
    24 want anyone to ever come in contact with those.
    25 A lot of people’s private information that,

    1 had that phone — if it shows up somewhere, then,
    2 you know, all the contacts in my phone, you know,
    3 wouldn’t want that to happen. So I have always told
    4 the guy who swaps them out for me, make sure you get
    5 rid of the phone.
    6 And what I mean is destroy the phone so that
    7 no one can ever, you know, reset it or do something
    8 where I feel like the information is available to
    9 anybody.

    if you read the transcript further and listen to Brady’s expert witnesses regarding the air pressure you see why godell changed his reason for punishment from air deflation to “destruction” of a phone, moving the goal post.

    The man is truly despicable.

  11. I’ve watched enough Datelines to know that you never send anything incriminating via text message.

  12. Is this a real lawyer? Does he understand that he doesn’t have a CBA with the league that gives him such powers? I doubt the NFL or any judge would be too fond of his publicity stunt and it makes his case for his client much tougher as it’s shown that he doesn’t really plan to go to trial.

    As for getting his name out there though, great move.

  13. Funny, but he isn’t part of a collective bargaining agreement between Roger Goodell and his law firm.

    The NFL won’t even give up its financials, there is zero chance he can see their text messages.

  14. I am tired of the legal battles. I don’t care who is right or wrong. We are really not that far away from the next lockout. The fans lose again.

  15. Wow. Posters still don’t get that Wells told Tom he DID NOT need the phone ” Keep It”. How thick can you be about the phone????

  16. I doubt very much that this will work but, one has to admit, the irony is delicious and the hypocrisy that the NFL will show as they argue that they don’t have to give up Roger’s phone will be telling.

  17. it was a PRE-SEASON game. who cares. fans should be very happy they are getting face value back.

    when eagles canceled pre-season game in 2001 vs balt due to field conditions, season ticket holders got full refund and WE WERE ECSTATIC because pre-season games are worth a fraction of that.

  18. Brilliant. How many more controversies caused by the league office will it take before owners understand that their ace fireman is the one starting all the fires?

  19. The NFL will spend more than the $450 per fan fighting this in court and they will “win” the case utilmately.

  20. At least Ole ROG isn’t the “worst” CEO in America. OBummer still way ahead in that poll if it helps…………just sayin

  21. newenglandsports11 says:
    Aug 18, 2016 3:14 PM
    Looking forward to the outcry when the world’s biggest hypocrite refuses to on account of his absolute authority. Fire this clown now.

    Sounds like a certain Presidential candidate who shall remain nameless. Heck, Goodell would make a perfect politician….do as I say, not as I do.

  22. Those texts will likely show that “was more probable than not” that Rog was “generally aware” the game was going to be cancelled long before the customers were notified.

  23. Check out that picture of Goodell up there…It looks like he’s not drinking that bottle of water but he’s spitting in it and passing it down to the NFLPA…..

    And he’s got a smirk about him….

    Just an observation….

  24. The NFL knew they were going to cancel that game @ 6:00 PM EST. The NFL had a significant financial gain to delay that notification because otherwise they would had to reimburse TV advertisements. Can’t wait for this one to unfold.

    Definitely should have taken the first offer, but I’m glad they didn’t.

  25. I find it interesting how so many of you hate Roger. He’s the face of the NFL but make no mistake he is the puppet of the owners. Every rule change, game tweak, and maneuver of the NFL has been the desire of the owners. You think he’s doing a terrible job when in fact he’s getting paid because he’s the punching bag the owners want between you and then. He’s little more than a pasty.

  26. jrebar88 says:
    Aug 18, 2016 3:30 PM

    Tired of the Brady fanatics, and their endless quest to defend him. Get a life.
    I am tired of all the posters who deny science, believe the lies the NFL said and constantly post about it .
    I ,like most proud fans of the 4 time champs will continue to defend the GOAT Tom Brady.
    The only thing he is guilty of ,is being one of the BEST to play the game.

  27. “He’s little more than a pasty.”
    -“Pasty”? You mean a really pale guy? Yep, I agree…

    But if you mean he’s a “patsy”, then he is allowing himself to be manipulated by owners and doing things he personally disagrees with, in the name of money and prestige. In that case, I hate him even more.

  28. voiceofthebostonfans says:
    Aug 18, 2016 6:18 PM

    “He’s little more than a pasty.”
    -“Pasty”? You mean a really pale guy? Yep, I agree…

    But if you mean he’s a “patsy”, then he is allowing himself to be manipulated by owners and doing things he personally disagrees with, in the name of money and prestige. In that case, I hate him even more.

    Commissioner Goodell is judt doing what he was hired to do. At $20 million plus every year. Jealous much?

  29. If Goodell’s phone gets recycled, he should get the benefit of the doubt from Patriot fans.

  30. Roger is off the hook.

    Exponent says that cell phones are unable to send or receive text messages.

    It only cost Ted Wells three million to get them to say that.

  31. Just like the con man won’t give up his taxes the fraudster will not give up his phone. 2 federal judges called the fraud gear a liar and they were right.

  32. Make sure old Roger keeps all paper napkins with notes on them also. Everybody knows those napkins contain juicy info…….

    Payback Roger, is a very rough thing.

    I would say take it like a man, but we all know that won’t happen with you.

  33. Remember when the first few comments of a story like this would have a thousand up or down votes in an hour, depending on if it was pro or anti Patriot?

    You guys are slacking!

  34. Hope Goodell listened to Chris Carter and has a “Fall Guy”
    Um Rodger, this is where you claim your phone was hacked.

  35. Don’t worry – the shmuck known as Ted Wells is already scheming to get any & all evidence hidden or removed altogether – because he’s so fair & impartial….
    so once again Adolf Goodell can come out of a sticky situation on top!

  36. Karma baby. Haha he has no choice but to cooperate. If he dosnt do you know the kind of he’ll storm he will set off. Damn done in by your own rules Roger. Classic

  37. orange and blue own the nfl says:
    Aug 18, 2016 9:04 PM
    Remember when the first few comments of a story like this would have a thousand up or down votes in an hour, depending on if it was pro or anti Patriot?

    You guys are slacking!

    Dude, it’s ALWAYS about the Patriots, ALWAYS!

    Like the the Zombie song,

    In your head, in your head….

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