NFL LOCKOUT UPDATE: Court grants expedited hearing for NFL's appeal

MINNEAPOLIS -- A federal appeals court agreed Tuesday to fast track the NFL's request to put its labor lockout in place until a new deal is finally worked out.

The 8th U.S. Circuit Court of Appeals in St. Louis set a June 3 hearing, with 30 minutes of oral argument for each side, before Judges Duane Benton, Kermit Bye and Steven Colloton.

U.S. District Judge Susan Richard Nelson issued her injunction stopping the lockout on April 25 and denied the NFL's appeal two days later. The league appealed to the 8th Circuit, and the same three-judge panel issued a temporary stay of Nelson's order on Friday.

The lockout was put back in place by the owners a few hours later. The 8th Circuit is still deciding whether to make the stay more permanent, until the appeals process can play out.

Under the appeals schedule set up Tuesday, the league's opening brief is due May 9 and the players must file their response brief by May 20. The NFL's reply to the response is due May 26.

The league's arguments on June 3 will be led by David Boies, while Theodore Olsen will represent the players. The attorneys are two of America's most famous lawyers, having argued against each other in the 2000 case of George W. Bush vs. Al Gore. The duo also worked together in fighting California's ban on same-sex marriage.

The appeals court's approval of an expedited hearing gave the NFL at least some relief from the stern rebuke Nelson delivered.

In denying the NFL's request for a stay, Nelson wrote last week that the league "offered little, if any, evidence to directly rebut" evidence from the players they're being irreparably damaged by the lockout, the key requirement for a decision to lift it.

Nelson also wrote that, without a motion for an expedited appeal, the NFL's argument assuming the 8th Circuit will rule before the 2011 season begins "seems unlikely."

Now the league has just that, theoretically allowing more time this summer after the appeals process is completed for talks to resume on a new collective bargaining agreement.

Court-ordered mediation between the two sides is set to resume before U.S. Magistrate Judge Arthur Boylan on May 16, after four days of talks last month and 16 days of federally mediated negotiations earlier this year. Little progress has been reported.

The old CBA expired on March 11, when the players broke up their union to file a federal antitrust lawsuit and the league enacted the lockout that lasted 45 days until Nelson's order.

The lawsuit against the NFL is still pending before Nelson, but the legality of the lockout has essentially become the fight for now, with both sides arguing over whether Nelson has jurisdiction in the case and over the notion of irreparable harm. That claim has been prominent in nearly every court filing of the last two bizarre, bitter months as the NFL has stumbled through its first work stoppage since the 1987 strike.

Commissioner Roger Goodell, speaking Monday on a conference call with Atlanta Falconsseason ticket holders, said the NFL "doesn't need this uncertainty and clearly the fans don't need this uncertainty."

"Hopefully, we can get to the core of the issues, sit down and resolve them," Goodell said.

He added: "We shouldn't be where we are right now. We should address these issues far enough in advance and gotten an agreement that makes sense that can address the issues that I think both sides want to get done."

The first preseason game is scheduled for Aug. 8. Goodell said the NFL does not have a "drop-dead date" for reaching an agreement to avoid missing games.

"Whether they're training camps, minicamps, signing of players, all of that needs to get done sooner rather than later," he said.

A day after Goodell spoke to ticket holders, New Orleans quarterback Drew Brees led about 40 players through a workout at Tulane in an effort to stay sharp while the lockout prevents the Saints from training on team property or contacting coaches.

Information from The Associated Press contributed to this report.

NFL schedule due on Tuesday; Chicago Bears-Tampa Bay in LONDON

The NFL will officially announce the 2011 schedule on Tuesday at 7 p.m. ET.

The schedule will be released on NFL Network.

Despite the uncertain labor situation, the schedule is still being released in mid-April, as usual. However, the preseason schedule, announced on April 12, was late because of scheduling issues in Minnesota due in part to repair of the Metrodome roof that was damaged last season.

The NFL announced Monday that the Chicago Bears will play the Tampa Bay Buccaneers in London this season. The game will be in Wembley Stadium on Oct. 23. If the labor problems last until Aug. 1, the game will be re-scheduled for Raymond James Stadium in Tampa.

The Bucs will return to the British capital for the second time in three years, having lost to the New England Patriots at Wembley in 2009. For the Bears, the game on Oct. 23 will mark the 25th anniversary of having played a preseason game against the Dallas Cowboys at the stadium.

"Our past four games in London have demonstrated the tremendous passion for NFL football that exists in the UK," NFL Commissioner Roger Goodell said in a statement.

This would be the fifth consecutive year that the NFL has staged a regular-season game in London as the league tries to win over new fans and increase its marketing appeal overseas.

ESPN2 will host a schedule analysis show from 7 p.m. to 9 p.m.

 Information from The Associated Press contributed to this report.

NFL labor talks come close to Friday's deadlines...

WASHINGTON -- Rhetoric rose while the clock ticked down in the NFL's labor talks Thursday, with the league and players' union trading back-and-forth barbs a day before the twice-extended collective bargaining agreement expires.

With the two sides far apart on key economic issues, nine of the 10 members of the owners' labor committee joined NFL commissioner Roger Goodell at the office of the federal mediator overseeing the negotiations -- but, the union complained, none of the owners met with any of the players on hand.

Goodell and several of the owners arrived at the federal mediator's office Friday morning as the NFL and the players' union were scheduled to hold a 16th day of mediated negotiations.

Even though there were small-group talks between NFL and union representatives Thursday, no one gave any indication that progress was made. Indeed, the loudest words came in the evening, sparked by comments from league general counsel and lead negotiator Jeff Pash.

"Things can come together quickly. Things can fall apart quickly," Pash said when the NFL negotiating team left for the day. "I've said it many times: If both sides have an equal commitment to getting this deal done, it will get done. I don't know if both sides have an equal commitment. ... Obviously, we have the commitment."

When that was relayed to NFL Players Association spokesman George Atallah, he responded with an e-mail to The Associated Press that said: "Jeff Pash was part of an executive team that sold the networks a $4 billion ticket to a game they knew wouldn't be played. The only thing they've been committed to is a lockout."

That is a reference to a court ruling last week, when the federal judge overseeing NFL labor matters sided with players in their case accusing owners of improperly negotiating TV deals to prepare for a work stoppage.

NFLPA executive director DeMaurice Smith then went back to the mediator's office to respond to Pash's statement himself.

"We have been committed to this process. But for anyone to stand and turn to the American people and say they question that?" Smith said. "Look, I understand that there's probably some things Jeff Pash just has to say, but this is the truth: We know that as early as March of 2009 ... the National Football League engaged in a strategy to get $4 billion of television money ... even if the games weren't played."

Joining in, NFL spokesman Greg Aiello tweeted: "When is union going to respond to our 150 pages of draft CBA provisions that they received eight days ago. Waiting."

The CBA originally was supposed to expire last week. The sides agreed to push that deadline to Friday; if a deal isn't reached, there could be another extension.

If there is no deal and no extension the NFLPA is poised to decertify, a source familiar with the process told ESPN NFL Insider Adam Schefter. If the NFLPA decertifies, it has to be done by 5 p.m. ET.

The CBA, however, is scheduled to expire Friday at midnight.

The owners conducted a 90-minute conference call Thursday afternoon in which Pash debriefed them on what has happened since the owners met last Wednesday in Virginia, a league source told Schefter.

The source said it was a matter-of-fact conference call with owners in complete agreement about the direction they are headed in. The message to Pash and Goodell at the end of the call was, "Do what you have to do and we support you," according to the source.

What certainly sounded more likely, given Thursday's tone, was that talks could break off, leading to a lockout by owners or decertification by the union, followed by antitrust lawsuits by players -- actions that could threaten the 2011 season.

The NFL hasn't lost games to a work stoppage since 1987, when a strike shortened the season and some games included nonunion replacement players. The foundation of the current CBA was reached in 1993 by then-Commissioner Paul Tagliabue and union chief Gene Upshaw.

It has been extended five times as annual revenues soared above $9 billion, the league expanded to 32 teams, and new stadiums were built.

The 2006 contract extension was the final major act for Tagliabue, who then retired, succeeded by Goodell. An opt-out clause for each side was included in that deal, and the owners exercised it in May 2008 -- three months before Upshaw died. Smith replaced Upshaw in March 2009.

Two months later, Smith wrote Goodell a letter, asking for detailed financial statements from each of the 32 teams and the league as a whole. The NFL offered to turn over other economic data this week, and the NFLPA rejected that proposal, saying the investment bank advising the union determined the information would be "utterly meaningless" during the negotiations.

The NFL, meanwhile, said the union was offered unprecedented financial data, including some the league doesn't share with clubs.

Pash indicated there hadn't been movement on that issue Thursday.

The dispute centers on money: how to divide the billions in revenues, how much of that should go to owners off the top to cover certain costs, and the union's demand for what it calls "financial transparency."

Under the old CBA, owners received an immediate $1 billion to go toward operating expenses before splitting remaining revenues with players. Owners initially tried to add another $1 billion to that, and while they have lowered the up-front figure they want -- at least down to an additional $800 million -- Smith said it is still too much.

The labor committee members present Thursday were Jerry Richardson of the Panthers, Pat Bowlen of the Broncos, Jerry Jones of the Cowboys, John Mara of the Giants, Art Rooney II of the Steelers, Clark Hunt of the Chiefs, Mark Murphy of the Packers, Dean Spanos of the Chargers and Mike Brown of the Bengals. Eagles president Joe Banner and Redskins general manager Bruce Allen also were there.

While Mara, Hunt and Murphy occasionally participated in the talks since mediation began Feb. 18, a group this large attended only one previous session, last week.

The only missing member of the key league group was Patriots owner Robert Kraft, part of a delegation visiting Israel with Massachusetts Gov. Deval Patrick. Asked Thursday whether he expects next season to start on time, Kraft said: "That's my belief."

There have been various issues discussed during negotiations, including the owners' push to increase the regular season from 16 games to 18; a rookie wage scale; and benefits for retired players.

But the rift is mainly about revenues.

And the acrimony -- temporarily tamped down at federal mediator George Cohen's insistence when he began overseeing talks Feb. 18 -- was out there for everyone to see Thursday night.

"We're going to be back here tomorrow," Smith said, "because we want football to continue."

Information from The Associated Press contributed to this report.

254-hour extension reached for NFL labor

WASHINGTON -- America's favorite sport is still in business -- for another day.

The NFL and the NFL Players Association agreed Thursday to a 24-hour extension of the current collective bargaining agreement so that negotiations can continue.

Federal mediator George Cohen already has gotten the union to agree to a 7-to-10-day extension on labor talks, but still awaits the owners' response, a source told ESPN senior NFL analyst Chris Mortensen.

The 24-hour extension Thursday was offered by the owners and accepted by the union when both sides made their most significant progress in labor talks to date, sources said.

The two sides narrowed the financial gap between them by roughly $5 million per team per year. Nevertheless, a significant divide still exists -- roughly $25 million per team per year, sources familiar with the process told ESPN NFL Insider Adam Schefter. With 32 teams in the league, the gap is $750 million to $800 million per year.

According to sources familiar with Thursday's agreement to extend the CBA deadline, there are no face-to-face negotiations scheduled Friday between the owners and the union, but Cohen will meet independently with each side to discuss their differences in labor talks.

Indianapolis Colts center Jeff Saturday, a member of the NFL Players Association's executive committee, told The Associated Press about the extension after the sides met for about eight hours before Cohen. The CBA was set to expire at midnight Thursday, which would likely have prompted the first work stoppage since 1987 for a league that rakes in $9 billion a year.

"We just know right now that we granted a 24-hour extension," Saturday said as he and Steelers quarterback Charlie Batch left the session.

As it stands, the 24-hour extension, according to sources, gives the union a chance to review the league's latest proposal and for both sides to decide on the next step -- be that another extension, more negotiations, a lockout or decertification.

In addition to the owners' proposal Thursday, the union has also made concessions in the latest negotiations, sources on both sides told Mortensen. The details of those concessions are unknown.

The deadline extension does not mean any transactions can occur, according to a league source. As part of Thursday's agreement, even though an extension was granted, the league year has ended. Teams no longer can cut, re-sign players or make any player moves beyond Thursday, until there's a new CBA.

League spokesman Greg Aiello confirmed the transaction freeze via text, saying teams are free to negotiate with players and agents, but signings are prohibited.

Failing to make a deal could put the two sides on the road to a year without football, even though opening kickoff of the 2011 season is six months away. The labor unrest comes as the NFL is at the height of its popularity, breaking records for TV ratings: This year's Super Bowl was the most-watched program in U.S. history.

Without a new CBA, the owners could lock out the players, and the union could decertify to try to prevent it through the courts -- something the NFLPA did in 1989. It formed again in 1993.

Sources told ESPN the union was prepared to decertify Thursday. Colts quarterback Peyton Manning, Saints quarterback Drew Brees, Patriots quarterback Tom Brady, Patriots guardLogan Mankins, Chiefs linebacker Mike Vrabel, Chargers wide receiver Vincent Jackson, Vikings linebacker Ben Leber, Vikings defensive end Brian Robison and Texas A&M linebacker Von Miller have agreed to be name plaintiffs on the antitrust suit the players will file against the NFL if no labor agreement is reached and the union files for decertification, according to sources.

Commissioner Roger Goodell and the NFL's negotiating team arrived at a federal mediator's headquarters about 45 minutes ahead of NFLPA executive director DeMaurice Smith and his group.

"We're working hard," Goodell said.

Also on hand for the NFL were Pash, outside counsel Bob Batterman, New York Giantsowner John Mara, Green Bay Packers president Mark Murphy, Washington Redskins general manager Bruce Allen and several other league executives. Mara and Murphy are members of the league's labor committee, which has the authority to call for a lockout if a new agreement isn't reached.

"We'll stay at it as long as it takes," Pash said.

They'll be staying at least into Friday, though a deal isn't done. Washington Redskins player rep Vonnie Holliday told the AP that the two sides are "still apart" on a pact to replace the current CBA.

"I don't see how we can be that close right now unless somebody is going to pull a rabbit out of the hat; I just don't see it," he said.

Since the 1987 players' strike that shortened the season to 15 games -- with three of those games featuring nonunion replacement players -- there has been labor peace in the NFL. The foundation of the current CBA was reached in 1993 by then commissioner Paul Tagliabue and union chief Gene Upshaw.

It has been extended five times as revenues soared, the league expanded to 32 profitable teams, and new stadiums were built across America to house them.

The contract extension reached in 2006 was the final major act for Tagliabue, who then retired, succeeded by Goodell. An opt-out clause for each side was included in that deal, and the owners exercised it in May 2008 -- three months before Upshaw died.

Smith replaced Upshaw in March 2009.

Joining Smith at the mediation session Thursday were union president Kevin Mawae, New Orleans Saints quarterback Drew Brees, Saturday, and about a dozen others, including current and former players.

The biggest sticking point all along has been how to divide the league's revenues, including what cut team owners should get up front to help cover certain costs, such as stadium construction. Under the old deal, owners received about $1 billion off the top. They entered these negotiations seeking to add another $1 billion to that.

Among the other significant topics: a rookie wage scale; the owners' push to expand the regular season from 16 games to 18 while reducing the preseason by two games; and benefits for retired players.

Information from ESPN NFL Insider Adam Schefter, ESPN senior NFL analyst Chris Mortensen and The Associated Press was used in this report.