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Judge encourages NFL, NFLPA to find solution in Tom Brady case

Greg M. Cooper / Reuters

Tom Brady and the NFLPA have officially filed their lawsuit against the NFL, but the case won't be in the hands of a U.S. District Court judge until the two sides discuss a settlement.

Judge Richard M. Berman has ordered that the two sides first attempt to resolve their differences without litigation.

"While this litigation is ongoing, it is appropriate (and helpful) for all counsel and all parties in this case to tone down their rhetoric," Berman said in the order filed Thursday, according to ESPN.

"If they have not already done so, the parties and counsel are directed forthwith actively to begin to pursue a mutually acceptable resolution of the case."

The chances of a settlement remain unclear, as Brady's camp has been set on a deal that doesn't require him to miss regular-season games, but the court order could conceivably have a positive impact on negotiations.

Brady and the NFLPA filed their lawsuit in Minnesota, but U.S. District Court Judge Richard Kyle had the case transferred to New York. Lead attorney Jeffrey Kessler insists having a neutral arbitrator is the key going forward.

"(The change of venue) makes absolutely no difference to us," Kessler told ESPN's Chris Mortensen. "We're still in a neutral forum for the first time in this case. Our arguments are compelling and we think when they are presented here (in New York), they will remain compelling."

The New England Patriots' star quarterback will likely file for an injunction if the proceedings carry on past Sept. 4, which would allow him to play until a decision on his case is made.

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