NFL, NFLPA respond to orders issued by Judge Helen Berrigan in bounty suspension case

The NFL and the NFLPA both filed responses Thursday morning to separate orders handed out by U.S. District Judge Helen Berrigan.

The NFLPA spelled out why it feels there is no conflict of interest in representing the players' union along with New Orleans Saints defensive end Will Smith and former Saints defenders Scott Fujita and Anthony Hargrove in the fight for a temporary restraining order to stop the bounty-related suspensions of the three players.

The NFL also responded with its opposing view on the temporary restraining order filed by the NFLPA on Tuesday night to stop the suspensions of the three players.

Thomas Depaso, the NFLPA's general counsel, said in the filing that the NFLPA has represented the union and thousands of players for more than 20 years in various disputes with the NFL, most notable Reggie White vs. the NFL. The three players agreed in their filings that there were no conflict of interests between either side with Jeffery Kessler, the NFLPA's outside counsel, and Gregg Levy, the NFL's attorney.

Berrigan expressed concern that Kessler and Levy have been on opposing sides for so many different issues with the NFL and the NFLPA that it could cause conflicts of interest in possible settlement talks.

Depaso also said the NFLPA has asked for settlement discussions on several occasions, which Berrigan said Wednesday that she was extremely disappointed that settlement discussions hadn't occurred because she felt it would give the players involved some relief from their punishments. Depaso said the NFL has refused to engage in such talks.

Depaso did say the NFL informed the NFLPA at one point that Commissioner Roger Goodell would rehear an appeal by Vilma, Fujita, Smith and Hargrove without waiving any claims pending before Judge Berrigan.

"As we get closer to kick-off Sunday, I am disappointed my playing status remains in limbo," Smith said in a statement. "I respect Judge Berrigan's order and my legal team has been diligent in responding. The NFLPA has represented the players inline with their valued role in serving a unique group of professionals, we have been personally involved in every part of this process and there is no conflict of interest to speak of. Irreparable harm has already been levied on me and the players.

"We have been unfairly labeled and punished by this process. While we believe in mediation and settlement, the NFL has never expressed a genuine interest in a mediation process that would provide the players with a fair venue that could be trusted, nor made a settlement offer for us to professionally consider, at any time. That is why we have asked the court for just relief. It is my sincere hope to have this matter resolved as quickly as possible so I may return to my job, teammates and fans, as we take the field against the Redskins."

Source: http://www.nola.com/saints/index.ssf/2012/09/nfl_nflpa_file_orders_issued_b.html

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