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With settlement unlikely, Roger Clemens, Brian McNamee meet in court-ordered talks

Roger Clemens arrives at federal court in New

Roger Clemens arrives at federal court in New York on Tuesday, April 29, 2014. Clemens is fighting a federal judge's order to share documents with his accuser in a defamation case. Credit: AP / Seth Wenig

Roger Clemens and his former trainer, Brian McNamee, engaged in court-ordered negotiations to settle McNamee's defamation suit in a Brooklyn federal court Tuesday.

McNamee's lawyer, Richard Emery, said he does not anticipate a settlement because "this is a case where the lines are drawn very deeply in the sand."

Clemens' lawyer, Rusty Hardin, declined to comment as he left the 13th-floor courtroom with Clemens. "We'll let them do the talking," Hardin said, gesturing toward McNamee and his team of lawyers.

With Clemens and McNamee across from one another at a conference room table in the judge's chambers, this was the closest the former Yankees righthander has come to his chief accuser -- and onetime trainer -- in more than five years.

Neither Clemens nor McNamee spoke during the two-hour hearing. During the courtroom portion of the proceedings, Clemens sat with his lawyers, his back to McNamee, who sat in the gallery behind his lawyers. The last time they were in the same room was when McNamee testified during Clemens' criminal trial two years ago.

McNamee identified Clemens as a performance-enhancing drug user in the Mitchell Report, baseball's report on its steroid past compiled in December 2007 by former U.S. senator George Mitchell. Clemens denied the accusations, including under oath before Congress, and in 2012 was acquitted of perjury and obstruction charges that stemmed from his denials.

McNamee later sued Clemens for defamation, saying the pitcher slandered him by saying he lied about having injected the pitcher with PEDs in 1998, 2000 and 2001.

Emery told magistrate judge Cheryl L. Pollak during Tuesday's hearing that the two sides had not engaged in settlement talks in the more than five years since McNamee filed the suit. Hardin previously has said Clemens has no interest in settling.

After McNamee and Clemens and their lawyers met with Pollak for eight minutes, the judge met with each side individually twice. Afterward, she asked that they return to court June 10 for either a settlement conference or to continue preparing for trial.

Emery doesn't expect there will be any more discussions. Regarding the chances of reaching a deal, he said, "I would not in any shape or form consider that likely." He expects a trial to take place sometime next winter or spring.

The two sides also Tuesday resumed their battle in court over Clemens' resistance to give McNamee access to 6,600 pages of unredacted emails sent by Clemens' agent, Randy Hendricks, and a publicist Clemens hired to handle the fallout from the Mitchell Report.

Pollak scolded Clemens' legal team for refusing to adhere to her previous ruling to release the emails to McNamee and suggested that if she finds one email redacted for egregious legal reasons, she would respond by giving McNamee access to every email regardless of Clemens' reasons for redactions.

"This is your last chance," she said.

McNamee's side is hoping the emails shed light on a strategy to lambaste McNamee publicly, thereby strengthening their defamation suit.

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