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Schulz suing for Sonics ownership

http://seattletimes.nwsource.com/html/sonics/2004349361_schultz15.html

Crazy, crazy, crazy.  Such a great basketball year, and this could end up being one of the defining moments, hopefully for the better (i.e., good faith holds up in a court of law).  Can't say that I have a good feeling about the Sonics staying, though I also can't that I'm a lawyer.  I don't even play one on TV.

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Got this from a friend
by the way.  No sluething on my part, sadly.  
I will never waste a beer. There are too many sober kids in India. -Rod Benson

by supremepuntiff on Apr 15, 2008 12:44 AM PDT reply actions   0 recs

WOW
I hope this works...
Rudy > MJ

by myemic23 on Apr 15, 2008 1:04 AM PDT reply actions   0 recs

It is so tacky to say "I told you so"
but:
http://www.blazersedge.com/comments/2008/4/10/132648/084/13#13

Bennett may move the team, but it could really cost him a lot of money.  As in multiple millions.

Does Schulz really want the team back?  Perhaps not.  But he is now a hero in Seattle.  If he wins, the public will be on his side, which will help him negotiate with the authorities, and he can sell to a local group.

If he doesn't get the team back, he still might win huge damages, which could help him bring another team in.

The NBA now has a huge mess on their hands, of Bennett's making.  Perhaps the only way out is to quickly arrange a sale of the Grizzlies to Schulz or another Seattle investor, with Bennett settling with Schulz by paying up a lot of money to help facilitate the deal.

I'm not so sure the league owners are going to vote on this right away, with this latest maneuver.  Schulz could win, and get very rich while doing so.

I'm frequently right, but always certain

by jscot on Apr 15, 2008 1:43 AM PDT reply actions   0 recs

Wait a minute
Is a safe kite made of metal?
Wire or wet string ever?
What about frogs?
What if your kite winds around a power line?

http://www.blazersedge.com/comments/2008/4/9/62314/45126/4#4

Early to Bedge and early to rise makes a man healthy, wealthy, and wise.

by tominhawaii on Apr 15, 2008 1:47 AM PDT up reply actions   0 recs

That guy was FREAKY!
I wouldn't be surprised if Kite Man were on some kind of list now.

I did always envision some poor kid who didn't have the 50 cents for an actual kite making some monstrosity out of wire, wet string, and metal.  How that thing got enough lift to wind around a power line was beyond me though.

--Dave

by Dave on Apr 15, 2008 1:52 AM PDT up reply actions   0 recs

I'm Sad
That I cannot find that commercial on YouTube.  I probably haven't seen it in 20 years and I still remember it clear as day.  I always wondered where you could get enough wire to fly a kite.  Yesterday, I tried to fly a kite made with HDMI cable.
Early to Bedge and early to rise makes a man healthy, wealthy, and wise.

by tominhawaii on Apr 15, 2008 3:53 AM PDT up reply actions   0 recs

lol
i hope you bought your hdmi at monoprice.com those things are expensive at best buy.

by Philthyanimal on Apr 15, 2008 3:58 AM PDT up reply actions   0 recs

Sigh....
Tom, Tom.

Did I say "I told you so" in that post to which you are responding?  I did not.

All I said in the title is that it is tacky to say that phrase.

That you jumped to the conclusion that I was saying it is your own doing.

See how I can wiggle out of this kind of stuff?  Actually, though nobody knows it, I worked for Tony Blair as a "Special Advisor" for 12 years.  Without me, John Major would still be Prime Minister.

The ungrateful world has never understood all the glorious benefits I bestow upon it by my presence.

I'm frequently right, but always certain

by jscot on Apr 15, 2008 3:05 AM PDT up reply actions   0 recs

Said the man
With a metal kite.

I'm frequently misguided, but always obnoxious.

Early to Bedge and early to rise makes a man healthy, wealthy, and wise.

by tominhawaii on Apr 15, 2008 3:49 AM PDT up reply actions   0 recs

That's brilliant
If my sig capability ever returns, maybe I'll change to that.
I'm frequently right, but always certain

by jscot on Apr 15, 2008 3:57 AM PDT up reply actions   0 recs

Thanks
I like to think of you as my mentor.  Dave as my spiritual guide, Alfredo as compatriot from different continents, Jorga my muse, Mortimer my ohana, Tssbro my arch-nemisis, JTDuck22 my instigator...

I was going to go on, but that would take all night, and I'm still now sure what to say about BlueBooYay.  I miss him, and ever so many people.  Where have all the bloggers gone?  I might need a new nemesis.

Early to Bedge and early to rise makes a man healthy, wealthy, and wise.

by tominhawaii on Apr 15, 2008 4:29 AM PDT up reply actions   0 recs

I am proud to be in your Ohana
To you my friend, I can only say this: of all the souls I have encountered in my travels, yours is the most... human.

Mortimer

by Mortimer on Apr 15, 2008 5:16 AM PDT up reply actions   0 recs

Wow and wow
If I'm your mentor, no wonder so many of your posts are off the wall.

I think that was actually a compliment you gave me.  Are you feeling ok?

BlueBooYay is still here, it's just that he/she transformed into Lizzie.  I miss him, too, actually.  When I rule the world, people won't be able to change their identities without my permission.  You can be my Identity Advisor.  There's a lot of potential for mischief, er, um, valuable and important work, in that role.

I'm frequently misguided, but always obnoxious -- HT to TiH

by jscot on Apr 15, 2008 8:11 AM PDT up reply actions   0 recs

Sweet! I'm Tom's instigator!
If all I'm remembered for is being a good basketball player, then I've done a bad job with the rest of my life. - Isiah Thomas

by JTDuck22 on Apr 15, 2008 8:37 AM PDT up reply actions   0 recs

I like to consider all of us a single organism.
You may say Gaia.

Continents are not big enough to separate us.

The devil knows more due to being old than by being the devil.

by amlmart1 on Apr 15, 2008 10:37 AM PDT up reply actions   0 recs

BOO!!!
MuWhahaha...

I've been right beside you all along :)

honkaplayboys.com

by BlueBooYay on Apr 15, 2008 12:00 PM PDT up reply actions   0 recs

Oh you did it now
You're my new nemesis.  Does that mean I need Jscot to pardon Tssbro?
Early to Bedge and early to rise makes a man healthy, wealthy, and wise.

by tominhawaii on Apr 15, 2008 2:04 PM PDT up reply actions   0 recs

Is that a lizzard?
If all I'm remembered for is being a good basketball player, then I've done a bad job with the rest of my life. - Isiah Thomas

by JTDuck22 on Apr 15, 2008 4:11 PM PDT up reply actions   0 recs

Yes, But
An "Illegal Lizard" that cannot play in Alfredo's Contests.
"The Team with Caricature!"

by Lizzy Lowblow on Apr 15, 2008 4:42 PM PDT up reply actions   0 recs

I'm no legal expert
But I'd say a case that hinges on a completely undefined definition of "good faith" probably doesn't have much of a chance of passing muster.  I'm glad he's trying though.  Even a long injunction to postpone the move until things are settled (drag...it...out) would be welcome.  And if, by chance, the Bennett ownership group was hoisted on the pitard of its own cockiness and e-mails I would be more than delighted.  I don't think there have been more ready villains in the league in years.

--Dave

by Dave on Apr 15, 2008 1:55 AM PDT reply actions   0 recs

"Good faith"
is a recognized concept in law, though.  It would be hard to prove, based on actions and negotiating stances, that Bennett didn't act in good faith.  But when he's signing an agreement to act in good faith in trying to keep them in Seattle, while at the same time sending private emails gloating that they are going to OKC, it isn't hard to convince a jury >in Seattle< that he didn't act in good faith.

Look for this one to be settled out of court, because there's a decent possibility Bennett loses.  And look for the NBA to be involved in helping to make that settlement happen by arranging for a team to be in Seattle fairly quickly.

This actually could have significant Blazer ramifications, depending on what happens in the lottery.  If Memphis gets #1 or #2, their pick becomes untradeable, because they have to chose Rose.

But not if they are moving to Seattle anyway.

I'm frequently right, but always certain

by jscot on Apr 15, 2008 3:09 AM PDT up reply actions   0 recs

If they can prove,
that honoring the lease was part of the agreement, I believe that could be a solid angle upon which to make a case.  

Cause I watched Matlock and I know stuff.  Trust me:).

My ignorance is my greatest weapon

by shenanigans on Apr 15, 2008 6:23 AM PDT up reply actions   0 recs

this may not be a jury trial
In civil suits such as this one, when a specific action is requested, rather than monetary compensation, the case may go to a "court of equity" I believe the term is called.  In a court of equity, the judge makes the decision.  I remember the Intelligent Design case, Kitzmiller vs. Dover was decided in a court of equity where the conservative judge ruled that Intelligent Design wasn't science.  So, the SuperSonics may not have a "home court advantage" with the jury (get it!!)

by dp8039 on Apr 15, 2008 8:06 AM PDT up reply actions   0 recs

I think most lawyers will tell you
that you never want to go to trial if it can be avoided.  You never know what the outcome will be.  Even having a perponderance of evidence is no gaurantee you will win.

In this case it is not so clear cut that Bennett violated any terms relating to "good faith".  First off, one would need to see the actual side agreement the Schultz refers to in the PI article.  Second, the fact that some of the ownership group mentioned in emails that they really wanted to see the team in OKC is not clear cut "proof" of failure to act in good faith.  Acting in good faith might be defined within the boundries of getting arena improvements.  If Bennett can show he made a reasonable effort to obtain the necessary support, then he has an argument that he did indeed act in good faith.

It is a reasonable assumption to think that all parties involved were aware at the time of the sale, that for the Sonics to be financially viable, they needed new revenue streams (aka corporate boxes).  It is also reasonable to think that these same parties had a pretty good idea of the chances of getting what they wanted out of the city and state.  Therefore, they knew that they were basically going through the motions.  

If you accept these premises, then it also becomes possible to think that a court will agree with your argument that as long as your attempts to get a new (or upgraded) facility met the standard of reasonableness, you meet the standard of good faith.  Whether or not you think your efforts have any chance of success is not relevant.  

Personally, I think Bennett and company would have been much better off keeping their mouths (and emails) shut.  All they had to do was wait until the end of the season and the owners vote.  

by timg56 on Apr 15, 2008 10:58 AM PDT up reply actions   0 recs

Worht a shot
It's pretty clear now that Bennett is a sycophantic liar.  The only difficulty is proving it.

by leeroyjenkins on Apr 15, 2008 7:24 AM PDT reply actions   0 recs

Those emails will help
They should be ALL you need, if this were any other crime.  But look at how Stern is reacting.  Or should I say.... completely ignoring the evidence.

PS, did anyone else get a big ad on this page saying "FREE HAWKS RINGTONES".  As in Atlanta hawks?  Or as in the bird.  "Cackaw Cackaw.... sound of mouse struggling sound of wings beating"  ... "Sorry, I've got to take this call"

by rmcdougall on Apr 15, 2008 7:40 AM PDT up reply actions   0 recs

*text text text*
An asterisk on either side of text makes it bold, apparently.  I meant that to mean it was a sound effect.

by rmcdougall on Apr 15, 2008 7:41 AM PDT up reply actions   0 recs

Clay Bennett
and his slimeball friends disgust me. I used to really admire David Stern. I thought that the changes he made to streamline the game after the ugly grab-and-shove Rileyball starting predominating in the late 90's and early 00's were visionary; I thought that pushing the age limit restriction was ballsy and a good thing for the league, if not for the players talented enough to make the jump; he's made post-Katrina New Orleans a big part of the NBA's outreach, which is a cause particularly dear to my heart.

But now Stern is day-by-day converting himself into one of the benevolent-turned-despotic monarchs of yore. The Donaghy situation rocked the integrity of the NBA and Stern, after promising a full investigation with public transparency, has swept it under the rug.

Shady refereeing has played a direct role in deciding numerous playoff games and series: Game 6 of the 2002 WCF, all of the 2006 Finals, and Game 5 of last year's Suns-Spurs matchup. Yet despite the pivotal and controversial factor of playoff officiating, individual referee evaluations are denied to the public and media members are barred from approaching officials after games -- by fiat of King David.

Introducing the synthetic basketball last year, an inferior product mind you, without consulting the players and summarily dismissing their concerns was a ham-handed move by the commissioner's office that ended disastrously and negatively affected the quality of play on the court.

And now, beyond all rhyme or reason, Stern is in bed with an Oklahoma City-based ownership group that has stated on multiple occasions, in writing, that they bought the Sonics to move them to Oklahoma and never intended to stay in Seattle. He has thrown his weight behind the effort to uproot a team from the community that has offered forty-two years of loyal support to the Sonics and to the league. He is supporting a move inimical to the business interests of the NBA. A sneer, a shrug, and a promise that if the people of Seattle "let" the Sonics walk -- in other words, refuse to be blackmailed by King David and the Oklahoma City court jesters into building an unnecessary half-billion dollar arena -- they will never again have an NBA team. That's what Stern has offered the city.

Some guy. Some leader. Here's hoping against hope that the courts strike a blow against the cronyism of Stern and his band of merry little men.

by BlazersOrBust on Apr 15, 2008 8:23 AM PDT reply actions   0 recs

I don't buy that Stern has been a great Commish
From the first-class ticket scandal in which Stern allowed these criminals to return and referee in the league, to incompetence of the referees themselves - and they are incompetent, you'll never convine me otherwise, to the ill-fated ball switch, to the Sonics situation, and on and on and on.

You want to give credit to the success of the NBA since 1984, give it to Michael Jordan.

by leeroyjenkins on Apr 15, 2008 8:38 AM PDT up reply actions   0 recs

Couldnt agree more.
this whole thing stinks and makes me look very negatively on the nba. I will always be a fan because I love basketball, but I wonder what this does the casual fan?

Stern stinks too.

by blazhead on Apr 15, 2008 9:44 AM PDT up reply actions   0 recs

The timing of this announcement
is very effectively done in order to influence the vote of the owners.  No owner wants to have his terms of sale trampled on, so I was thinking it's possible Schultz won't actually do anything after Friday.

by ranma on Apr 15, 2008 8:58 AM PDT reply actions   0 recs

PTI
The funny thing is, Tony Kornheiser on PTI said yesterday that the owner of Starbucks should do something like this.

by isoldout on Apr 15, 2008 9:22 AM PDT reply actions   0 recs

Hate to jump in on your diary...
which is very good one.  But folks if this whole Clay Bennett's group moving the Sonics to Oklahoma doesn't sit well with you....then let PAUL ALLEN know now.  NBA OWNERS ARE SET TO VOTE ON ALLOWING THE SONICS TO MOVE TO OKLAHOMA THIS FRIDAY!

I wrote a diary about the earlier http://www.blazersedge.com/story/2008/4/14/224644/412

You can e-mail your request that Allen vote to deny the Oklahoma move here http://www.nba.com/blazers/news/contactus.html

by JasonT on Apr 15, 2008 10:22 AM PDT reply actions   0 recs

This is purely an attempt by Schultz to salvage
not only his reputation, but avoid possible blowback against Starbucks.  Starbucks is already facing some stiff competition in the marketplace, with it's share price taking a significant hit as a result.  Add to that the fact more people are now saying that Schultz is the real villian in this story and he has to be worried that folks in this part of the country might start boycotting his brand.

by timg56 on Apr 15, 2008 11:08 AM PDT reply actions   0 recs

I agree with this also
EVERYONE knew that Bennett would try to move the Sonics to Oklalame-a.  I wasn't following the situation that closely at all, and if even I knew this would happen then it was fairly obvious to all.

The Starbucks guy sold it to Bennett because they offered more money, and is just trying to look like he cares now by doing something he knows won't be supported and will likely fail.  It's ridiculous.

Bennett is obviously a horrible person (even before stealing the Sonics), but he is doing exactly what we all knew he could do.  Schultz should get most of the blame.

Mortimer
 

by Mortimer on Apr 15, 2008 5:05 PM PDT up reply actions   0 recs

PETITION
AS reported by True Hoop, Cavs fans are sending a petition to vote to owner Dan Gilbert http://www.petitiononline.com/cavs1970/petition.html

MAYBE WE SHOULD SET ONE UP?

by JasonT on Apr 15, 2008 11:50 AM PDT reply actions   0 recs

Geez.
This whole thing keeps getting sadder and sadder.

I hope Schultz is able to win any sort of legal proceeding against Bennett; I'm not optimistic, though.

Trade Freeland!

by rockingharder on Apr 15, 2008 2:09 PM PDT reply actions   0 recs

This week has really exposed
some of the bad things in the NBA, that have been glossed over by the best regular season in recent memory.

First the Sonics, and then the atrocious reffing in the 76er's-Lebrons game. I'm hoping my adoptive hometown Wizards beat the Cavs, the only thing that can stop them is more terrible superstar favoritism. Go Gilbert!

I really rdon't have anything against Lebron, he seems like a decent guy (barring his jump from the Cavaliers to the Brooklyn Nets). I do however. have a problem with the ridiculous bias in calls he receives.

Don Nelson: We didn't execute our gameplan in the first half. What's the plan? Don Nelson: Hit threes.

by Dheepan on Apr 15, 2008 5:24 PM PDT reply actions   0 recs

YES YES
YES WE SHOULD SEND A PETITION LETS WRITE ONE UP

by billyjoejack on Apr 15, 2008 7:46 PM PDT reply actions   0 recs

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