On Friday, Judge Richard M. Berman invited the NFL and NFLPA to utilize the services of Magistrate Judge James C. Francis, IV for assistance with settlement talks in the Tom Brady litigation. On Monday, the NFL and NFLPA wisely accepted.
Via attorney Daniel Wallach, who posted the recent docket entries on Twitter, proceedings were held before Judge Francis on Monday, via telephone conference.
Undoubtedly, Judge Francis asked for an update as to the offers exchanged by the parties to date, listened to any general comments about their positions as to the merits, and then conducted one or more individual conferences with each party in order to try to bridge the gap.
If Tuesday’s or Wednesday’s activity in the case includes another entry reflecting proceedings before Judge Francis, it will mean that the parties have kept talking. Which will mean that they had a reason to keep talking. Which will mean that they’re making progress toward a possible deal.
As noted over the weekend, Judge Francis seems determined to settle the case. The parties could avoid a potentially awkward and stressful trip to his chambers on August 12 if they can work out their differences before then.