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Judge Nelson moves date for hearing on motion to dismiss

NFL Lockout Football

FILE - This undated photo courtesy of the U.S. District Court in Minnesota shows U.S. District Judge Susan Richard Nelson. Attorneys for Tom Brady, Drew Brees and other NFL players are scheduled to argue Wednesday, Aug. 6, 2011, in Minneapolis before U.S. District Judge Susan Richard Nelson that the lockout should be lifted immediately because it is causing them “irreparable harm.” (AP Photo/U.S. District Court in Minnesota) ** NO SALES **


On Monday, the NFL filed a two-page motion to dismiss the Tom Brady antitrust lawsuit. The bigger news was that the motion won’t be presented to Judge Susan Nelson for a hearing until September 12.

Per the Associated Press, the date has been changed.

The hearing now will be held on August 29, which isn’t really that much of a difference in the grand scheme of what could be a multi-year litigation. Even though the hearing now will be heard before the regular season’s scheduled starting date instead of one day after the first scheduled Sunday of games, it’s unlikely that there will be a quick decision, unless Judge Nelson decides to summarily deny the motion from the bench.

Thus, unless it were being moved to June 29, or even July 29, the change really doesn’t matter, except perhaps for appearances.

The NFL’s brief previously was due in early August. That timetable likely will now be accelerated as well.

Also, don’t be surprised if the players also file a motion aimed at securing victory on the merits, with the motion being heard by the court at the same time. Even if there’s a ruling on the day of the hearing, any decision will be subject to review by the U.S. Court of Appeals for the Eighth Circuit.