By Andrew Longstreth
NEW YORK, Jan 3 (Reuters) - As the National Hockey League
and the players' union sought to negotiate the end to a long
labor dispute that has jeopardized the season, proceedings in a
lawsuit pitting the two sides against each other moved forward.
In a court filing on Thursday, the players asked a federal
judge to dismiss a lawsuit brought by the league that sought a
declaration confirming the legality of the player lockout.
The lockout has been in place since mid-September as the two
sides have struggled to come to a new labor agreement. The
league has canceled games up to Jan. 14, more than 50 percent of
the regular season which was scheduled to start in October.
The dispute moved to court last month after reports
circulated that the NHL Players' Association (NHLPA) would seek
a vote from its members to proceed with a "disclaim of interest"
and no longer represent players in bargaining.
Such a move would free players to file antitrust lawsuits
against the league in an effort to block the lockout.
In its court filing on Thursday, lawyers for the NHLPA
argued that the lawsuit filed by the league was premature and
that it should be dismissed.
"They ask the Court to simply assume the outcome of events
that had not yet taken place at the time the Complaint was
filed, and then decree what the law would be on the basis of
those assumptions," wrote lawyers for the players.
A spokesman for the NHL declined to comment on the filing.
U.S. District Judge Paul Engelmayer of Manhattan immediately
responded to the players' request by issuing an order scheduling
a conference Jan. 7 to establish a case-management plan for the
litigation. He wrote that the goal of the plan should be to
enhance "the parties' ability to resolve their disputes with
dispatch."
The case is National Hockey League v. National Hockey League
Players' Association, U.S. District Court for the Southern
District of New York, No. 12-09133