The judge in the Tom Brady case once got David Ortiz and Jay-Z to reach a settlement
One day before the Boston sports superstar was set to face Judge Richard M. Berman in a settlement conference in New York, he reached an agreement to settle the dispute.
No, it’s not Tom Brady we’re talking about.
It’s Red Sox superstar David Ortiz.
In April 2010, music industry mogul Jay-Z and his business partner filed a $5 million lawsuit against Ortiz for naming a Dominican Republic nightclub after his established chain of clubs that operated under the name, 40/40. According to court filings associated with the case, it also asked the court to require Ortiz to transfer the web domain name fortyforty.net to the plaintiffs.
“Defendant’s bad-faith intent to unlawfully trade on the goodwill that plaintiff has built in the 40/40 Marks is palpable. David Ortiz is fully aware of plaintiff’s Manhattan 40/40 Club, since he had been a patron there on several occasions long before he opened his infringing Forty/Forty Club,’’ said the lawsuit presided over by Judge Berman — the judge who will hear Brady’s case against against the NFL.
Jay-Z and business partner Juan Perez own 40/40 clubs in New York, Atlantic City, and Las Vegas.
Ortiz’s legal team attempted to have the trademark lawsuit thrown out in June 2010, but Judge Berman declined, ruling that Jay-Z’s claims were sufficient to withstand Ortiz’s motion to dismiss.
Judge Berman — as with Brady’s case — urged both parties to reach a settlement in lieu of going to trial.
On March 28, 2011, one day before a scheduled settlement conference with Judge Berman, the parties settled their dispute, according to court documents reviewed by Boston.com.
“We write on behalf of the parties to jointly advise the court both sides have reached an agreement in principle that resolves and settles their disputes,’’ wrote Ortiz’s lawyer, Philip Touitou of Hinshaw & Culbertson LLP. “Accordingly, it is respectfully requested that the settlement conference scheduled for tomorrow, March 29, 2011 at 9:30 a.m. be cancelled.’’
In a handwritten response to Touitou’s letter, Judge Berman said the planned settlement “sounds like a sensible outcome,’’ and the case was officially dismissed in August 2011.
“Judge Berman was very helpful in bringing the parties together,’’ Philip Touitou, Ortiz’s lawyer said.
On Tuesday, according to court filings, Judge Berman instructed Brady and NFL commissioner Roger Goodell to keep talking the day before Wednesday’s scheduled 11 a.m. settlement conference regarding the NFL-NFLPA court battle over Deflategate.
“In anticipation of tomorrow’s conference, counsel and the parties are requested to engage in further good faith settlement efforts today,’’ Berman wrote. “I will meet briefly with counsel and the parties tomorrow morning at 10:30 (in the robing room) for an update on your discussions.’’
While it doesn’t appear a settlement will happen before Wednesday’s meeting in New York, it’s clear that the judge wants this case to end sooner rather than later.
Photo Finish: Collection of other NFL punishments under Roger Goodell
[bdc-gallery id=”121318″]
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com