APRIL 28, 2011
TO: NFL PLAYERS AND AGENTS
FROM: JAMES QUINN & JEFFREY KESSLER (CLASS COUNSEL)
CC: DEMAURICE SMITH, NFLPA EXECUTIVE COMMITTEE, NFLPA BOARD OF DIRECTORS
RE: ORDER DENYING STAY
Last night, Judge Nelson issued a 20 page decision denying the NFL's request to stay (delay) the injunction she issued on Monday in the Brady v. NFL litigation that the NFL must stop the lockout. The decision denying the stay is once again very strong, and rejected all of the NFL's arguments. Accordingly, the order ending the lockout is in full, immediate force.
The NFL has filed for an emergency stay with the Eighth Circuit Court of Appeals, while the Eighth Circuit considers the NFL's stay request. Unless and until such a request is granted, however, we believe the 2011 League Year now has to begin; the Clubs must open their facilities to allow players to work out, meet with coaches and otherwise perform their jobs; and the NFL and the Clubs cannot collectively continue to refuse to deal with players. It is our view that the NFL and the Clubs will be in contempt of court if they do not comply with the order unless and until they hear differently from the Eighth Circuit. We will let you know later today what the NFL is going to do to comply with this order, and what the specific schedule will be going forward.
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