Case 1:15-cv-05916-RMB-JCF Document 52 Filed 09/09/15 Page 1 of 2 Michael Aronson a Sharon, MA 02067 MEMG Sine venis chek badot ‘The Honorable Richard M. Berman Judge, U.S. District Court Daniel Patrick Moynihan USS. Courthouse Courtroom 17B 500 Pearl Street New York, NY 10007 CHANEE} RICHAO 8 “OCFIMAN Dear Judge Berman, 1 am writing to you in regards to the case before you of the National Football League Management Council (NFL) v. National Football League Players Association (NFLPA)(Civil Action No. 1:15-cv-05916-RMB). I am not a lawyer, nor do I have any experience in litigation. 1 write this letter to you pleading for one thing and one thing only. The NFLPA filed their answer and counterclaim with all exhibits from the original arbitration. The NFL has yet to submit any exhibits from the arbitration, and I am pleading with you to order them to submit said exhibits to the court, as well as the public record. Too often during this saga the public has had to deal with leaks and misinformation being put out to the media. It is in the public’s best interest for all the information from the arbitration to be made public. I also believe itis in the court’s best interest. Ifthe parties fail to settle this matter and the court is forced to render a decision the public will not have the full record on which the court is basing its decision. “No discovery is needed to adjudicate the parties’ motions, which will be based on the arbitration record.” (Joint Letter Motion for Conference, ECF Doc. No. 17) As I stated previously I'm not a lawyer, so frankly I don’t even know if the court has the full record, I thank you for your time and consideration in this matter. Respectfully, bun—— Michael AronsonCase 1:15-cv-05916-RMB-JCF Document 52 Filed 09/09/15 Page 2 of 2 ‘Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NFL v. NELPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. $982). fais Richard M, Berman, USDJ affisHollister Lowe Case 1:15-cv-05916-RMB-JCF Document 53 Filed 09/09/15 Page 1 of Hon, Richard M, Berman Daniel Patrick Moynihan United States Courthouse 500 Pear! Street New York, New York 10007-1312 Richa ma OM BERMAN Dear Judge Berman, ‘As an ardent NFL aficionado that has been following the so called “Deflategate" debacle with the utmost scrutiny, | whole heartedly believe as a concerned citizen that ifa settlement isn't agreed upon, a vacated decision is in the best interest of the N.F.L., Mr. Brady and most importantly the integrity of the game. In my humble opinion | believe there isn't an iota of credible concrete evidence linking Mr. Brady to the deflation of footballs before or during the A.F.C. Championship game on January 18, 2015. This is the fundamental crux of the episode that took place as a one sided affair after the correction of the footballs at halftime. | am confident that you will reach an equitable judgement. NYC, 10013 USA a listerlowe-comCase 1:15-cv-05916-RMB-JCF Document 53 Filed 09/09/15 Page 2 of 2 Thank you for your submission ~ I apologize for the delay in responding. ‘We have placed your submission on the court dockets for the NFL y.NELPA (Tom Brady) matier (15 Civ, $916 and 15 Civ, 5982), ims Richard M. Berman, USDJ a[sfisCase 1:15-cv-05916-RMB-JCF Document 54 Filed 09/09/15 Page 1 of 2 WE MEMO ENDORSED artical el August 16.2015 clal b 7 at Ure oh RICHAR Mi. BERMAN USD Hon. Richard M. Berman United States District Judge US District Court Daniel Patrick Moynihan United States Courthouse 500 Pearl St New York, NY 10007-1312 Dear Judge Berman: In golf, tennis or bike races an individual could gain an advantage from a special ball, racket, bike or tires, but those are sports of individuals. In football any advantage a quarterback has is dependent on the receivers. Like quarterbacks do the receivers also have a preference of the softness/hardness of their football? It would be logical. If that is the case, then a team’s advantage comes only when the receivers have the same preference in football as the quarterback. Otherwise there isn’t an advantage just a preference, just as I prefer tight steering in a car. Given all the bad behavior and the concussion issues, the NFL should focus on addressing those big problems that actually are harmful. They should address those issues and not spend all this money to quibble over equipment. Sincerely, Ta QQ von ‘Terri Adelman Football = Barrington, RI 02806Case 1:15-cv-05916-RMB-JCF Document 54 Filed 09/09/15 Page 2 of 2 ‘Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NEL v. NFLPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. $982). 1S Richard M. Berman, USDJ t/sfisCase 1:15-cv-05916-RMB-JCF Document 54 Filed 09/09/15 Page 1 of 2 WE MEMO ENDORSED artical el August 16.2015 clal b 7 at Ure oh RICHAR Mi. BERMAN USD Hon. Richard M. Berman United States District Judge US District Court Daniel Patrick Moynihan United States Courthouse 500 Pearl St New York, NY 10007-1312 Dear Judge Berman: In golf, tennis or bike races an individual could gain an advantage from a special ball, racket, bike or tires, but those are sports of individuals. In football any advantage a quarterback has is dependent on the receivers. Like quarterbacks do the receivers also have a preference of the softness/hardness of their football? It would be logical. If that is the case, then a team’s advantage comes only when the receivers have the same preference in football as the quarterback. Otherwise there isn’t an advantage just a preference, just as I prefer tight steering in a car. Given all the bad behavior and the concussion issues, the NFL should focus on addressing those big problems that actually are harmful. They should address those issues and not spend all this money to quibble over equipment. Sincerely, ‘Terri Adelman Football fan Barrington, RI 02806Case 1:15-cv-05916-RMB-JCF Document 54 Filed 09/09/15 Page 2 of 2 ‘Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NEL v. NFLPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. $982). 1S Richard M. Berman, USDJ t/sfisCase 1:15-cv-05916-RMB-JCF Document 55 Filed 09/09/15 Page 1 of 2 MEMO ENDORSED... 20, 2015 itt ‘ Gt To Judge R. M. Berman, Tam watching the results of the case of deflategate and tried to get an answer ftom the NFL people right after this came to light and would like you to ask the same question to the NFL people. If they are suspending Bradey for the four games then why are they not suspending the professional NFL referees that worked the game in question. They are the professionals and handled the football through the whole game placing it on the line of play during the whole game and should have noticed the deflated balls. If they could not tell the difference, being the professionals, then they should not be NFL referees. There should not be any excuse for them.. Regards, concerned sports fan, Chet 0, Westfield, MA 01085Case 1:15-cv-05916-RMB-JCF Document 55 Filed 09/09/15 Page 2 of 2 Thank you for your submission ~ I apologize for the delay in responding. We have placed your submission on the court dockets for the NFL. v.NELPA (Tom Brady) matter (15 Civ. 5916 and 15 Civ. 5982). MS Richard M. Berman, USDJ afafisCase 1:15-cv-05916-RMB-JCF Document 56 Filed 09/09/15 Page 1 of 2 Judge Berman Daniel Patrick Moynihan Courthouse 500 Pearl St. New York, NY 10007-1312 August 21, 2015 want0 Dear Judge Berman: CHAMBERS GF i USD. ev With regard to the Tom Brady football inflation case, I have an idea on how you may gather evidence. All you have to do is obtain two new NFL official footballs, inflate one to 12 psi, and the other to 11 psi (or whatever they claime was done) and handle these footballs yourself, While I was not in the NFL I have some experience with throwing footballs, and my guess is you won't be able to tell the difference. Any slight difference is certainly not going to enable any NFL quarterback to win a super bowl. Thank you. Put Baz f Michael Bargo Jr. 7320 N. Oriole Ave.Case 1:15-cv-05916-RMB-JCF Document 56 Filed 09/09/15 Page 2 of 2 ‘Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NEL vNELPA (Tom Brady) matter (15 Civ, 5916 and 15 Civ. 5982). MS Richard M. Berman, USDJ apts| Case 1:15-cv-05916-RMB-JCF Document 57 Filed 09/09/15 Page 1 of 5 eee MEMO ENDGRSED Daniel Patrick Moynihan United States Courthouse Se AT Wd dr RICHARD M. laa creme OTe ect we 500 Pearl St. New York, NY 10007-1312 ‘August 31, 2015, Dear Honorable Judge Berman, have been following the controversy regarding “deflategate” and the court case. Being frustrated with the lack of substantive discussion regarding the science behind football inflation, | recently conducted some experiments on the weekend. | am not affliated with any party in this matter. Moreover, while | am a professional scientist (environmental chemist at the Woods Hole Oceanographic institution), | will ready attest that these experiments were low-budget and conducted on a limited time frame (my personal hours). Nevertheless, the results imply that it is impossible for teams to be in compliance with the 1 PSI pressure range regulations without accounting for changes in environmental conditions, and that as currently enforced (subjecting unequilibrated footballs to indoors halftime spot checks) will result in all footballs being in violation once winter conditions arrive. Based on these observations, and the reading of the Wells report, itis my opinion that the league’s lack of attention to consistent ball inflation inspection and enforcement pressure conditions (including environmental conditions) could explain the context of internal Patriots discussions (e.g. concern about footballs inflated by referees to 16 PS!) as satisfactorily as the implied wrongdoing, ‘These results have been posted to a blog bluemassgroup.com, although | have not been able to interest the media in these observations. | have considered working up these results for a peer-reviewed scientific publication, but frankly, | should probably spend my limited energies on our studies of the ‘oceans and our human society's influence on them. Thank you for your efforts in this and other cases. Sincerely, Me hook Mak Saito Associate Scientist with Tenure Marine Chemistry and Geochemistry Department Woods Hole Oceanographic Institution Woods Hole MA02543 www.whoi.edu/saitolabCase 1:15-cv-05916-RMB-JCF Document 57 Filed 09/09/15 Page 2 of 5 Northern NFL Teams Will Need Many Backup Quarterbacks nak | Wed, Aug 5. 2015 2:56 PMEST | Edie Post What ifthe smoking gun fa ®?- promoted by charleyron:the-mta ‘The othec day was reading a news story about deflategate that had the football pressure data init from the AFC Championship ame. Being a scientist I gave into the temptation to plot it up. which then ted tothe desire for & {ite more data, So off my sons and [rent to the sporting good store over the weekend where we purchased {football and a gouge. We took the football out of the box. nd. put (tim the fridge. Here’s what we found: in all five experiments putting the football from roam temperature 173-78 degrees F) tothe refrigerator (34:37 dogress F)renlted in a pressure drop af more than 2 pounds per square inch (PSI; Figure ¢ for graph of data, simple ‘arsion). Upon being removed from the fridge, the PS ncreazed rapidly within the first 10:15 minutes. In we cases the pressure dia not return to the orginal pressure (by '.1 and 0.5 PS), while in three cases it roughly did. We did rot try to replicate the conditions of the AFC game becauze, frankly, Iwas the weekend and the frie is what (Nas ‘Three major onctusions are cl 5 From these experiments. First f these experiments are ganeralizable to winter football with comparable temperatures, in other worde all gumer in near freezing conditions with outdaor stadium, il footballs wil be in violation ofthe current NFL rules and their current enforcement approuch at some point ‘during the game, Specialy. footballs filleg and tested indoors that are Brought outdoors will drop in excers of 2 5 whi it two-fold arger than the 1 PSL alowee range (12.5-15-5 PS) If they are tested while st cold, of immediately ater being Srought in. they wll be in vislation, This regardless of if th footballs are filed to 13.5 oF 12'5, each pressure mubtracting 2 PSI wil be in violation. These experiments did use a Wilson Offical Compote football nitead of the Wilon Professional Leather one, £0 the results nay vary (as they would also with other varying environmental parameters) but similar effects would be expected. 1d and enforced asi was during the AFC Championship games, #8 would be eapected given the high profile nature of the diciptinary actions andthe need to protect the “integrity” ofthe game, NFL team are going to need a lot of backup quarterbacks to replace the quarterbacks lost each game. Visiting teams from ‘warmer climates would be wise to play thelr backups quarterbacks as a sacrifice to maintain them for future games rather than lore them forfour games, Teams from colder climates wil need to dedicate more of thew roster space for backup quarterbacks oF risk running out of tham by the end of the season Second, the Wels report argued thatthe large variability in football pressure in Patriots Dalle was indicative of tampering white the clozerpread of pretuure values inthe Colts balls could be vied asa contra group (ae Figure 2, simple version) Our data demonstrates this tame observations can alzo be explained by wen the timing af sampting fceur. For example, when footballs are brought from 8 cold outdcor temperature to a warm indoor one, as occurred {the AFC championship game, there isa period of rapid re-equilbration where measured presture correspondingly increases rapidly, followed by « plateauing where presture converge. The time scales and our simple experimental data are consistent with this, where pressures measured inthe frst 15 minutes had a PSt range of 15, while those ‘reasuted between "6:30 minutes hag PS range of 0.5, During halftime the Patriots ball were measured fist then 5 Colts balls were measured and halftime came to an end. Interestingly, none of the Colts bale reached their initia estimated (and net recorded value} of sbout 15 PSI. suggesting a lors or incomplete re-equiibration, consistent wath lone of pressure obterved in two of aur five experiments ‘Thied, theve's a systematic error betwoen the two referees’ presture gauges of 0.29 ~/- 0.06, Thi has been much iscussed 9 the media and Wells report. What has not been dzcusced s the notion of aeeuracy {ard in contrast to precision). Im analytical chemistry accuracy i term used to dezerbe the confidence suiciated with & measurement Dated en how close that meazurement isto the true value, Zo acquire accuracy, chemists typically messure certified lor consensus standaras that are widely shared amang aboretaries. The process is simple, you measure the shared ‘Standard, if your sumber i ar from the ceriied number. you've got # problem with your accuracy. The referees ‘hove to use two diferent gauges during the halftime ofthe AFC gome given the scrutiny they expected, This as 3 906 idea ast gives us come real life information abeut the pectormance of gauges in ie by referees. Turns ut that 20.39 PSI vanability's “40% of the allowed 1 PS! range ~ a football that i within the allowed range by 0.3®5| could bbe found i violation by an inaccurate gauge. The NFL decided to use the data from only ane gauges, assuming the other was inaccurate. But this not valid, we don't know which gauge ff any) wat more accurate because there were no standards uted to verify their calibration atthe time oftheir ure f footballs need to Se above 25 By Both [2uGes. which seems reasonable since we do not know ane to be more 2 PSI when moved ror ambient roomtempersture 75-79"F)to arefrigerator (34-37°F). Top) Experiment #1 began at 13.5 PS! atroom temperature, losing almost 3 PSI over two hours, and rapidly recovered to 12.5 PS! when movedto room temperature. Bottom) All five experiments are potted with the transition t0 34-37°F occurring at ro minutes and with initialball pressures of 13.5, 13.5, 13.2, 12.5 and 125, respectively. The lowertemperature(24- 37°F) used reflects available equipment (home ratrigerator) and simulates outdoor winter conditions ratherthan trying to recreates specific game scenario, Under these typical ‘winter conditions allfootballsinflated within the correct pressurerange at room temperature (22.5-13.5 Pt) would faire-inspection by dropping below the allowed pressure rangeitthe balls rameasuredprior totemparature ‘quiloration. in some instances experiments 3 ‘and 2) the balsfailedto return to the intial PS! forreasonsunknovn, similar tothe Colts balls which did not return to their original™13 PSI (s ure 2) Slate-cv- -RMB-JCF Document 57, Filed 09/09/15 Page 4 of 5 Case 1:15-cv-05916. Bue ns ung eer Bete v7. en (he $9 Feegetiba nn tholewrs Figure 2 Lt: atareportedty Walt (2015) ingtworepicatern Rephste Meousemer #1 P51 Published ontine at: betp://bluemassgroup.com/2015/08/northern-nfl-teams-will-need-many-backup-quarterbacks/Case 1:15-cv-05916-RMB-JCF Document 57 Filed 09/09/15 Page 5 of 5 ORoe Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NEL v. NELPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. 5982), fais Richard M. is” USDJ 9(a/tsCase 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 1of8 Steven B. Kramer, Esa. a (A 02421 EGEWWE ws 13205 ||) CHAMBERS OF RICHARC M, CERMAN August 5, 2015 Civil Clerk: United States District Court - Southern District of N.Y. 500 Pearl Street New York, New York 10007 RE: National Football League Management Council v. NFL Players Asse. 415~CV-05916-RMB Dear Sir/Madam: Enclosed please find an Amicus Brief and supporting documents for submission to Judge Berman in this matter. I have attempted to comply with the mandates of the District jocal rules with these submissions, however, if any additional filings are required, please notify me. All Counsel of record have been served with these documents. ‘Thank you for your anticipated cooperation, MEMO ENDORSED ¢ See fast s attils Cleek to DeutCase 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 2 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL Plaintiff . CASE 1:15-CV-05916-RMB NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION Defendant 1, Steven E. Kramer, hereby depose and state that: Ihave been a licensed attorney in the Commonwealth of Massachusetts since 1979, specializing in civil litigation in business and consumer law. T have followed the proceedings regarding the current allegations against the New England Patriots and Tom Brady since their inception and provide the court herein a brief, yet comprehensive analysis of the status of the proceedings. Although I am a fan of the Patriots, both my submission and the suggestions provided herein reflect a concern with the flaws in the current process, as opposed to a favoritism towards Mr. Brady. I submit this short brief along with the enclosed declaration and certify that pursuant to 28 USC sec. 1746, the above is true, Thave served a copy of all of my submissions on all counsel of record in this matter.Case 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 3 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL Plaintiff ve CASE 1:15-CV-05916-RMB NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION Defendant Please take notice that upon the annexed affidavit of Steven E. Kramer, and his proposed AMICUS BRIEF annexed thereto, Steven E. Kramer shall move before the Honorable Richard M. Berman, at the United States Courthouse, 500 Pear! Street, York, New York, at a date and time to be determined by the Court, for leave to file the August 9, 2015Case 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 4 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL Plaintiff v CASE 1:15-CV-05916-RMB NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION Defendant AMICUS CURIAE BRIEF OF STEVEN E. KRAMER, ESQ LINTRODUCTION Assume fora moment that the NFL was not scrutinizing the Super Bowl Champion New England Patriots, and the team under the microscope for tampering with footballs was the Tennessee Titans, who finished 2-14 in 2014. Also imagine that their rookie quarterback was involved when the Titans lost to Jacksonville in their last game of the season and the Jaguars’ cornerback who intercepted a pass alerted the NFL of the deflated ball. Upon notification of the incident, the NFL would have sent a warning letter to the Titans informing them that they will be monitored and punished for any future violations. A small fine would be assessed. The NFL would determine that the first Titans infraction did not warrant a full scale and expensive investigation since the game outcome was not affected.Case 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 5 of 8 I. ARGUMENT Although the above hypothetical scenario did not occur, the illustration strongly suggests that a less successful franchise than the Patriots would undoubtedly not be subjected to the same scrutiny and sanctions that have been imposed on the Patriots and Tom Brady. The NFL, rather than punish the alleged infraction, has focused on the level of success of the organization. ‘Neither the 21-13 loss by the Titans nor the 45-7 win by the Patriots when the purported violation occurred, resulted in any causation between the use of a tainted ball and the result. Rather than issue a similar warning or lesser sanction to the Patriots, however, the NFL has expended millions of dollars in an investigation suitable for an incident of violent crime or drug abuse. The imposition of a substantial fine and loss of draft picks on the team was arbitrarily assessed on a vicarious liability theory for the transgression. Despite a lack of tangible evidence, Bob Kraff, the Patriots’ owner, wisely or unwise sought to move forward and end the matter prior to the season rather than have it persist. He accepted both of the penal assessments. However, since this is the Patriots, they were still not enough. The concepts of double jeopardy, issue preclusion and collateral estoppel apply in principle, though not in law, to this fact pattern. However, the gravamen of these theories has relevance to the overzealous efforts to suspend Tom Brady since he did not provide his cell phone. It is equated with spoliation .Brady’s refusal to address the situation prior to and after the Super Bowl have made him the equivalent of a Watergate burglar. Brady's success, competitiveCase 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 6 of 8 drive and class have made him one of the most respected athletes in sports history. Nevertheless, the Commissioner, on two separate occasions, labels Brady a dishonest person worthy of a substantial suspension, ‘Numerous legal theories can be said to apply to Brady's case. Estoppel, laches, spoliation, due process and others. However, the only practical theories that this Court should apply are equity and common sense. This Court should take judicial notice of the new ball inflation regulations as evidence of the prior system's flaws. These provisions should not be excluded as the traditional” evidence of subsequent repairs” but should be recognized to demonstrate the ineffectiveness of their predecessor rules which had no penal language and were practically void for vagueness. ‘Tom Brady has always deserved the recognition as a role model in the New England area and beyond. The arguments raised herein on his behalf, however, would equally apply to Peyton or Eli Manning or Aaron Rogers. They all should be treated the same and not subjected to heavy handed prosecution suitable for those who commit crimes ~ not alleged infractions of poorly drafted NFL Rules. In sum, although only a hypothetical example, the Commissioner should be more reflective and “Remember the Titans” in assessing blame and sanctions. It’s time to treat all teams the same regardless of their recent success or failure.Case 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 7 of 8 Respectfully Submitted, ¥ieven E. Kramer, Esq * Lexington MA 02421Case 1:15-cv-05916-RMB-JCF Document 58 Filed 09/09/15 Page 8 of 8 ‘Thank you for your submission — I apologize for the delay in responding. ‘We have placed your submission on the court dockets for the NFL y. NFLPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. 5982). ens Richard M. Berman, USDJ QAIa1g2015 Case 1:15-cv-05916-RMB-JOPMoOR et Ae SAYOPHeIOI/09/15 Page 1 of 2 Hon. Richard M. Berman, | wish that someone would ask Mr. Goodell two questions? 1. When did the National Football League become aware that there could be a problem with the psi's of the footballs used by the New England Patriots? (According to what | have read it was well before the game in question.) 2. If the issue was raised before the game in question, why didn't the league step in and take control of the footballs prior to the game to eliminate the potential problem? Bonus question: Why did it take so long after Mr. Kraft's accepted the team punishment to hear Mr. Brady's appeal? (It seems like they waited until after Mr. Kraft's time frame to challenge the leagues ruling to insure that Mr. Kraft couldn't change his mind.) Respectfully. “ahd edad: DECEIVE l reloancsy aus VED Ralph G. Waclawicz ae RICHARD M. BERMAN | used Manchester, New Jersey 08759 MEMO ENDORSED Cle eee Decht drat) charset it 8 %3C fo h20size2%I0%224%22% 20x HIO%TZKZOOOOO DIO IO%Zine- KH IAKADrErMaIKIBHZDNE fam...Case 1:15-cv-05916-RMB-JCF Document 59 Filed 09/09/15 Page 2 of 2 Thank you for your submission ~ I apologize for the delay in responding, We have placed your submission on the court dockets for the NEL v. NELPA (Tom Brady) matter (15 Civ. $916 and 15 Civ. $982). HS Richard M, Berman, USDJ AlAsCase 1:15-cv-05916-RMB-JCF Document 60 Filed 09/09/15 Page 1 of 2 EMD ENDORSED lap yw Wednesday, su fee 2015 Hon. Richard M. Berman United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl St. ‘New York, NY 10007-1312 Dear Judge Berman, Lean appreciate the decision you will have to make pertaining to Brady vs. the NEL. I would like to suggest something that may help you in that regard. I was born in Missouri you know the show me state so my suggestion would be simply this... Get a pump with a very good gauge. (you could do alll the same with multiple gauges) Pump 4-5 footballs up to 12.5 Ibs of pressure in your house at 70 degrees F Wet the balls to simulate the weather game day Put them in your reftigerator for an hour and a half which would be about one half of a football game. ‘Take them out and check the pressure. If the pressure reads below 12.5 Ibs as the Ideal Gas Law suggests (acknowledging temp ‘and time) would happen then this simple "show me" experiment may help you in your decision as to what really happened. (Or nothing) Thank you for taking the time out of your busy schedule to read this. Thope it helps. Sincerely, , 4 { WEL. Greenville, RI 02828Case 1:15-cv-05916-RMB-JCF Document 60 Filed 09/09/15 Page 2 of 2 ‘Thank you for your submission — I apologize for the delay in responding. We have placed your submission on the court dockets for the NEL YANELPA (Tom Brady) matter (15 Civ, $916 and 19 Civ. 5982), ens Richard M, Berman, USDJ afslisCase 1:15-cv-05916-RMB-JCF Document 61 Filed 09/09/15 Page 1 of 4 Daniel Patrick Moyninan United States Cou 1500 Pear! Street Now York, NY 10007-1312 on noe ne Boar Judge Barman, CHANGERS OF RICHARD M, BERMAN some enone | ‘With the understanding that you will be ruling on the suspension levied against Tom Brady by the NFL regarding the issue related to the air pressure in the footballs in the AFC Championship game, | ask you to take into account the following considerations: 1) There is no direct evidence that Mr. Brady deflated or arranged to have someone deflate, the footballs. in fact, @._ in January Mr. Brady indicated that after he chooses the footballs for the game he doesn't want anyone to ‘even touch them. That still sounds believable tome. That would indicate that he would not have instructed the equipment managers to lower the inflation after he has chosen the footballs and before they are sent to the officials. b. Tom Brady did an interview on WEE! radio at 7 AM the morning after the AFC Championship game and he sounded genuinely surprised to hear this accusation, saying something to the effect that "I thought I had heard everything” The claim that itis “more probable than not’ that Mr. Brady did something wrong is ludicrous and illogical. It is as if Mr. Wells is saying “I have no proof, but | stil think he did something” On what evidence is this based? 2) Even if there had been evidence (and, again, there is not) the punishment is inconsistent with other NFL punishments: a. Ina key game at the end of this seme year’s season. Detroit's Ndamukong Suh stomped on the already- injured leg of NFL MVP Aaron Rodgers of Green Bay in a playoff game. Stomping on the leg of the opposing QB certainly seems to be a way to illegally gain a competitive advantage. Suh is a repeat offender who has done this before, and other things outside of league guidelines and rules. The play was captured by the TV ‘camera and replayed many times 80 the evidence was clear. i. Suh was suspended for zero games for intentionally trying to hurt another player. Brady was suspended for four games for possibly/maybe/potentially having something to do the air pressure in a {football being lower than expected. ji. Additionally, the Detroit Lions’ organization was not penalized in any way, despite not being able to control their employee, and despite Suh’s having numerous previous fines and transgressions. ii, The NFL has clearly treated these two circumstances differently and itis not clear why. Both ‘occurred during the same 30 day period, and the one that involved potential injury to a player which ‘was seen in TV replays is treated more lightly than the one involving air pressure in the football for which there is no real proof. iv. Visual proof + repeat offender + attempt to injure another player gets Suh no suspension and the Lions no punishment whatsoever. No proof + no repeat offense gets Brady a 4 game suspension and the team is find $1,000,000 and loses two draft picks and has their starting QB suspended for four games. It seems even to any casual observer that something is really, really out of balance here. b. The four game suspension for Brady is exactly the same as that which will be seryed by Greg Hardy, who allegedly beat his giriend and threw her on a bed covered with guns and rifles. That seems unbalanced. © Other teams (e.g. the Minnesota Vikings’ heating of footballs during a cold winter game) have been fined $25,000 for mishandling the footballs. Had Mr. Goodell been consistent, he would have fined the Patriot organization the same amount for not ensuring proper handling of the very same equipment in their game. It would have ~ and should have - been handled in the days after the AFC Championship game as was the case with the Vikings in their game. 4. Ray Rice was originally given a 2 game suspension for beating his fiancee in an elevator. Only after video of the punch was revealed on national news did the Commissioner extend the suspension (what did he think happened in the elevator if a punch had not been thrown?) This demonstrates the capricious nature of Mr Goodell’s rulings. An organization needs to be ruled with consistency, logic, and fairness, not on whim. 3) There was no competitive advantage gained:Case 1:15-cv-05916-RMB-JCF Document 61 Filed 09/09/15 Page 2 of 4 ‘@. As you, yourself have pointed out, Mr. Brady had a far better second half of the game, when the balls were all deemed to be property inflated, than he had in the first half when the incident allegedly occurred. 4) tt does appear to many that the Goodell ruling was not based on evidence and facts but by an impetus to punish this team and player no matter what was found. To that end, | submit that: a Noted writer Sally Jenkins of the Washington Post (a reporter with no stake in the finding, as a Boston-based ‘writer might be suspect of being) wrote in her column of May 21, 2015: i. NFL Gommissioner Roger Goodel predetermined guit in DeflateGate; that's clear now. He has ‘smeared Tom Brady and the New England Patriots without proper evidence or a competent investigation and turned an unimportant misdemeanor into @ damaging scandal as part of a personal power play to shore up his flagging authority. In other cases, he just looked inept. In this one, he looks devious. ji, Atthe NFL. owners meetings in San Francisco, Goodell as much as admitted that the Wells report is incomplete despite the fact that it took four months, cost millions in legal fees and was supposed to bbe comprehensive. Nevertheless, Goodell opened the door to walking it back, saying he wants to talk personally to Brady, who has appealed his four-game suspension. “I fook forward to hearing directly from Tom if there is new information or there is information that can be helpful to us in getting this right,” Goodell said. fi, Now this is the height of disingenuousness. Because we already know the Wells report missed crucial information and didn't consider important facts. Ted Wells either overfooked or ignored crucial text ‘messages, he used a firm with a reputation for bending science to fit predetermined conclusions and the cherry-picked the memory of an NFL referee. But that's not all. The Wells report left completely ‘unexamined the fact that the NFL. has never once considered the inflation of footballs to bea matter of great integrity or competitive advantage before now. iv. What's more, messing with the bail has been treated as a misdemeanor in other cases. In a very cold 2014 game between the Carolina Panthers and Minnesota Vikings, sideline cameras showed some team attendants warming footballs in front of heaters ... there was no scandal for “tampering.” There was not even an investigation. You know what kind of edict the NFL issued in that case? A reminder. It sent a memo that softening the ball on the sideline by warming itis not allowed. v. Ata minimum the Wells report is poor work, and the NFL. may well have skewed it. Just consider how the report used referee Walt Anderson's recollections. It accepts Anderson's account as accurate when it comes to how pressurized the Patriots’ footballs were in pregame. It also accepts Anderson's account when he said there were two gauges available, one with a logo on it that gave higher readings by almost 0.4. vi. But when Anderson says he used the gauge that gave the higher PS! measurements, the Wells report suddenly treats Anderson as inaccurate on this point — and no other. For no apparent reason, Wells insists Anderson must have used the other gauge, the one that gave lower readings, which ‘makes the Patriots look guilty. As opposed to the higher gauge, which would put itn the realm of possibilty that the footballs lost pressure by halftime because of cold weather and the ideal Gas Law. wii, Onoe you've read this part of the Wells report, the words it $0 often employs — ‘more probable than not” and “likely” — begin to take on a pernicious tone. . Itis suspicious that this matter has been so long delayed with the timing perhaps designed to force Mr. Brady to capitulate and accept the penalty despite his innocence because of the imminent start of the football season. It would seem to me that an efficient investigation by the league should have been able to be accomplished before the Super Bowl. In fact after the 1969 AFL (now AFC) Championship and before that year's Super Bow! there were allegations of gambling connections involving Quarterback Len Dawson of the ‘AFL Champion Kansas City Chiefs that were investigated and resolved in weeks, not months. What then ‘wasiis the rationale for the lengthiness of this procedure involving Mr. Brady’? . If there had been allegations of improperly inflated footballs, as the NFL has claimed, wouldn't and shouldn't the NFL had done everything it could to ensure proper handling of footballs for such an important game? And should the officials have not taken better care to measure and log the PSI of each football for both teams before and after the game? tfnot, perhaps itis they who should be fined and suspended by the league, ._ The leaking of information is an embarrassment to the league. Most notable in this was the alleged leak that 11 of the 12 Patriot footballs were under-inflated which later proved to be inaccurate but which helped to shape public opinion. The NFL has never refuted that, despite numerous requests to do so from the Brady legal team, 5) While the cell phone and text allegations are disturbing, in and of themselves they do not lead directly to guiltCase 1:15-cv-05916-RMB-JCF Document 61 Filed 09/09/15 Page 3 of 4 Brady contacted the two equif wnt managers after the allegations is perfectly natural. Had! 7 Door Brey, ‘too would have contacted them afer ‘the accusations to ask them what happened and, if nothing wrong, offer my support. b. tis certainly understandable how a celebrity such as Mr. Brady, ‘especially given that his wife is a world-wide celebrity in the world of fashion modeling, would not want his e-mal and ‘text communication tumed ‘over to. anyone, and in particular to an organization that is al too prone to leaks (as has been shown in the too many ‘months following the accusation) ©. Having the NFL ask for the call phone is unprecedented. 0) ITAL WHT Wie parameters Ul Wiese JUUILTA! HearITYS, - alld haybe even If IS @ Straten - SUDpOBNA te TWO ‘equipment managers to testify at the next hearing. ‘They can be asked directly and under oath if Mr. Brady instructed them to do anything to the footballs after the official pre-game review. ‘Your honor, | have no legal background - my experience is as a Director and Vice President (now retired) of a few computer software/hardware companies and as a person who has had two published books about the sports world — but software experience is based on logic, of which there is none in this punishment. Faimess and consistency are also missing in this case. ‘Although irrelevant, | should disclose that | was a classmate of Mr. Ted Wells in the Holy Cross Class of 1972. However, that fact neither adds credence to his report or detracts from it. We barely knew each other there. As far as this ‘case is concemed, the facts are the facts, and the lack of facts is highly disturbing Given the above, | ask you to do whatever is necessary to leam the actual truth and, if penalties are to be issued, that those penalties be at least both (a) commensurate with the offense, and (b) consistent and balanced with other on- field transgressions, such as those cited above for Ndamukong Suh and the Detroit Lions, and previous infractions involving teams such as the Minnesota Vikings and their handing of footballs. If no evidence of wrong-doing is found, 1 ask you to overturn the penalties and clear the name and reputation of Tom Brady. ‘Thank you for your consideration of these facts. | realize that | have no standing in this case, but if by some chance you have any questions about any of the above points, | would be happy to answer them to the best of my ability. ‘My home address is above, and relevant phone and e-mail contact information can be found below my signature, Sin Can EomCase 1:15-cv-05916-RMB-JCF Document 61 Filed 09/09/15 Page 4 of 4 Thank you for your submission ~ I apologize for the delay in responding. ‘We have placed your submission on the court dockets for the NFL. y.NFLPA (Tom Brady) matter (15 Civ. 5916 and 15 Civ. 5982). HS Richard M. Berman, USDJ a[sfis