Wolf
100% Texan
http://sports.yahoo.com/nfl/news?slug=ap-jetsfan-patriotslawsuit&prov=ap&type=lgns
NEWARK, N.J. (AP)A federal judge has given a New York Jets season-ticket holder more time to amend a lawsuit that seeks millions from the New England Patriots and coach Bill Belichick for deceiving customers by videotaping opponents signals.
The lawsuit by Carl J. Mayer, filed in September, was due to be dismissed June 30 because of a lack of activity.
Mayer and his co-counsel, Bruce I. Afran, this week asked U.S. District Judge Garrett E. Brown Jr. for more time because Afran has been ill and because of unspecified revelations developed by an investigation into the taping launched by U.S. Sen. Arlen Specter of Pennsylvania after the lawsuit was filed.
They asked permission to amend the lawsuit and serve notice on the defendants by Aug. 30.
Garrett, who sits in Trenton, approved the request in a handwritten note dated Monday at the bottom of Mayers letter.
A message seeking comment from a Patriots spokesman was not immediately returned Thursday.
Mayers lawsuit maintained that the Patriots secret videotaping violated the contractual expectations and rights of Jets ticket holders to observe an honest match played in compliance with all laws and regulations. It sought class-action status.
But Mayer and Afran, who have collaborated in legal actions against New Jersey politicians, failed to serve the defendants with copies of the complaint.
As a result, the court clerk advised Mayer in early June that the lawsuit would be dismissed June 30 unless he gives a federal judge a reason it should continue. The clerks notice cited a court rule allowing dismissal if no proceeding had occurred for 120 days.
Until Mayers recent letter, no public action had been taken for nearly nine months.