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Archive for the ‘Jerry Moyes’ tag

Testing a Judge's resolve: The case of the 'waiting chair'….a precedent in the making

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For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here.

How many cases do we have for ownership of the Coyotes? Three? You’d better think again.

There are actually four ownership cases being worked on.

One from PSE. Another from the NHL. And, let’s not forget Ice Edge.

And the most important case; that of Judge Baum.

What?

Yes, the case of Judge Baum. The case that has been in the works since the NHL decided to raise his legal eyebrow, and decided to use him as a stepping stone. The case that won’t be intimidated by any amount of head nodding or shaking of Commissioner Bettman. Or, any other high priced lawyer the NHL can throw at the front of the court. The case the NHL has presented is tainted, and Judge Baum has now officially thrown his own hat into the ring.

TSN would call that the ‘turning point’. The point when the legal scales tipped in favor of Jim Balsillie and PSE, away from, well, let’s call them the group that the NHL has brought in, because, come on people, we all know there has been a parade of ideas presented to the court to  fool this court, and sorry Ice Edge, you are one of them. Vilified or not vilified, you are in questionable company at a questionable time.

As far as credibility goes the City of Glendale zero, Ice Edge, pretty close to same, and NHL, don’t even bother. I don’t know, can you go into the negatives?

I make a pretty bold statement, but, hey, isn’t that what I have done from the outset? Some things cannot be explained, except to say that sometimes, hunches (some call it something else depending on who you are)  combined with lots of facts, paint a true picture. Let’s leave it at that, and move on here.

Remember Judge Baum saying, ‘have a chair ready for Jim Balsillie if he decides he’d like to attend’. I cannot recall which ruling this was at this stage but the metaphor of the waiting chair, urged by the judge, sticks in my mind. ‘Have that chair waiting fellas. Make him feel welcome, won’t you?’

Let’s start by considering the differences between Balsillie and the NHL.

Let’s start with the NHL.

From the outset, the NHL argument was one of league stability. It was suggested that you must maintain control as a league, because according to Gary Bettman, the ‘bankers’ who build the arenas will not build them if you are ready to pack up and go away. Now, who these ‘bankers are is very interesting. And said many times, it’s them isn’t it? But the question still remains, who is ‘them’?   And, we also believe that had we known who the bankers were (that is, who holds the Jobing.com bonds?), then it might help tie the collusion issue together with the notion that Jerry Moyes was victim of a squeeze play.  The article on the squeeze play is pivotal, as it raised the ire of the ‘friends of Glendale, as evidenced by a very quick visit to this site by all three interested parties – a land developer, the NHL, and the City of Glendale in short order. Yep, it struck a nerve all right! Jerry Moyes and what they did to him became crystal clear. The jig was up, and it was just a question on following through to see what would happen next.

The NHL also argued the fans would  be hurt. While we found it difficult to believe the Commissioner was truly concerned for the fans, that is all we had. We expected his argument and that of the league to stay consistent. We all know it didn’t.

The NHL pulled Jerry Reinsdorf out of the hat to become the ‘white knight’ of Glendale. It was too late.

We had already found the connection of the City of Glendale and the Reinsdorf family, namely Michael Reinsdorf from an innocent little visit to the site from Vieste, LLC, the partnering firm to Michael Reinsdorf’s, International Facilities Group (IFG). That triggered the bigger hunt.

It set the stage for a full blown investigation into the connections of Michael Reinsdorf and IFG to the City of Glendale.

Notes were taken as to IFG’s involvement with the construction of the Jobing.com arena, and other interests and favour it held with the City of Glendale. Conveniently and not surprising, the IFG website that housed these notes has since been revamped, and some of the information extracted is harder if not impossible to locate.

But, there was enough evidence to suggest the Reinsdorf family had an unfair advantage, and others were getting suspicious as well, including the U.S. bankruptcy trustee.

As a result, questions were raised as to unfair advantage in the bidding process, and the favor of the lease negotiations with the City of Glendale came into play. Jerry Moyes accused Jerry Reinsdorf and the City of Glendale and others as colluding, but this was met with objection from the Reinsdorf group.

It was to no avail. The jig was up before it was started. The Reinsdorf Group saw the writing on the wall. Their family advantage with the City of Glendale called, they at first hinted to the court they were not going to waste time and money on this, and they folded their bid shortly thereafter.

Probably interested more in damage control than anything at this point, we still can not count the Reinsdorf family out, as the NHL bid has a one year out clause, and promise to sell the team to whomever they please outside of court. Rumour has it Reinsdorf is waiting in the wings, ready to move the team to another NHL approved center.

So, here we have it. Lots have gone on with the NHL in this case. They have now filed their own bid in competition with the only other so called stay home bid of Ice Edge.

This would either show a lack of confidence in Ice Edge and their chances, or be a bigger reflection on the hidden agenda that really is not hidden at all. That is, that the NHL plans were to relocate this franchise, within five years (the Reinsdorf bid), or within one year (the NHL bid). Ice Edge, who we believe was brought in to quell the U.S. bankruptcy trustee’s worry of collusion and unfair bidding, stands to gain favour with other land and tax opportunities with the City of Glendale, MSD Capital and others.  No, they have lots more to gain from the relationships with the big boys, including the ever convenient owner of Beacon Sports (Alan Leventhal) , brought in to ‘assess’ Jobing.com arena by Michael Reinsdorf.

Hockey is not necessarily what they  (Ice Edge/Research Edge) are in this game for. The advertising and the show doesn’t hurt. Again, the NHL coming in to compete against them only helps support the ‘not a chance’ argument that they can accomplish what Reinsdorf could not – any conceivable concessions with Glendale.

More important than the facts of the NHL’s involvment and lack of consistency in argument is the arrogance to the court of Judge Baum.

The NHL has threatened appeal. They have turned a previously approved owner into a character issue, and are using this to make any question as to why the Board of Governors voted against him conveniently ’unassailable’. The big word used by the big attorney Goldfein in support of his expertise in antitrust actions.

Is judge Baum buying it? Not a chance.

No, the judge sees these tactics for what they are.

Baum was quick to point out to the NHL that PSE has the NHL Constitution, as a hint to say, ‘who are you trying to kid here?’

He wants to get a hold of the depositions in full to scope them for all they are worth. The other trees killed in other filings are quickly becoming unimportant. What’s at the heart of this case now, is how can a judge get enough probable cause to call the NHL and it’s tactics nothing more than just that – tactics.

Is Judge Baum buying the character assasination of Jim Balsillie? Not a chance. He only needs to get enough information to back himself up in the decision that is pending.

Does Baum think the 4.3 article is subject meerly to the interpretation of a commissioner with way too much leeway? Again, not in a million years. As Baum pointed out, how come it (4.3) wasn’t removed?

The depositions are going to be scoped all right. A case is being built. The case of Judge Baum. The case for a precedent.

In court, Baum had said to the attorneys that the NHL will call for an immediate stay. What was he getting at?

He wanted to know if the PSE group was ready for what was coming. He also wanted to ensure that the man sitting in the courtroom that didn’t take his jacket off, the man who didn’t go for lunch, the man who stands to gain this hockey franchise was truly committed. The man, Mr. Jim Balsille.

The man at the bench has to know that the only consistent party to this bankruptcy, the man with true character will back him up and not make his decision a farce. Is that man committed? We know the answer.

Is the judge becoming committed to doing his part to make a ruling that may define sport? That is becoming more quickly apparent as time goes on, and the proceedings paint that picture.

It’s all systems go.

Judge Baum is building the case where an appeal will be unlikely to succeed. An airtight argument. For Jim Balsillie. For Jerry Moyes and his right to walk away with something. For justice.

The fourth case in this court is the most important, and the most compelling.

A fellow old schooler let’s not forget. He doesn’t want to see another taken advantage of.

So NHL, it’s time to get that chair ready.

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Stopping the unstoppable fight!

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For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here.

Thanks again to the panel at the Make it Seven roundtable rant page for digging deep. Patrick Romanoski, Gregory Galante, Jay Martin, Joe Smith, Bryan Kirkham,Ken Connolly, Corey Schlueter, Aaron Mernick, Wade Tiefenbach,  Jennifer Zarull, and if I have missed anybody, don’t worry , it won’t be because I wanted to, but I will find you! Insight abounds, and is making this summary very easy indeed.

Wind them up and watch them go!

Wind them up and watch them go!

Have you ever had a chance to play the ‘Lemmings’ computer game? I remember one Christmas, they had a version on the internet with little Santa Lemmings, all decked out. You had to build certain paths that kept them safe, and if you didn’t, they didn’t have enough sense to save themselves. Set them on the wrong path, and they’d fall off the edge of a cliff, one after the other, with no ability or concern for trying to find a solution on their own.

To me, the National Hockey League, it’s executive, and employees responsible for trying to stop Jim Balsillie, are acting like those Lemmings. No matter what happens, they continue on the path over the virtual cliff, with no apparent consideration for the ridiculouslness of their own actions. With no apparent concern for the ramifications or long term consequences of what lies ahead.

And, with the changing of the guard in the NHLPA, the writing is becoming even more quickly apparent. There is a mutiny on the bounty in the works.

Can we figure the Lemmings will figure that out? Or, are they headed for the cliff with the same speed as ever?

Part of the problem with the NHL head office, is the arrogant attitude that self policing has earned them. They like to not be told what to do, and they intend on keeping it that way.

Well again, the people ‘they’ serve, the players and the fans are starting to voice an undying opinion that ‘we aren’t going to take it anymore’.

There is a mutiny in the works. Can anybody see it?

Let’s begin with material readily available for fan and player consumption. The depositions of Bill Daly, Gary Bettman, and Craig Leipold.

To start, Mr. Daly…

In deposition, Bill Daly had made a very confident statement  regarding his comments made on May 7th, 2009:

Daly: "We don't usually like to pick fights, but we end them."

Daly: "We don't usually like to pick fights, but we end them."

Reiterated comment from Daly of May 7th :

“Mr. Balsillie is acting again in total disregard of any rules or any structure, I’d be very surprised if the Board would look favorably on the way that Mr. Balsillie has conducted himself in this instance.”

Question from counsel: “Did you make that statement?”

Daly: “Yes, I did.”

And, another quote that Bill Daly had made:

“He makes his own decisions. And he’s making a decision that this is the way he wants to get into the National Hockey League. We don’t usually like to pick fights, but we end them.”

Now, the obvious question to Mr. Daly is, ‘how would you propose to end this fight?’

Let us guess.

You would, as league officials do ANYTHING necessary to end this fight?

After all, Jim Balsillie has decided how he is going to enter the National Hockey League, and Mr. Daly is of obvious opinion that Mr. Balsillie does not have the right to exercise his rights to use legal processes to do just that.

Would that be accurate?

It might even give league officials enough willpower to decide to structure ‘an attack’ to counter this man who does not listen to the league and it’s rules.

Would there be motive to alter and withhold information to suit the needs of a league desperate to stop a man with strong will?

The deposition of Bill Daly continued…..

Q from counsel: “Mr. Daly, are you familiar or did you see the various Kroll Reports that were prepared on Mr. Balsillie?”

Daly: “I’m familiar with them.”

Q: “Have you seen them?”

Daly: “I’ve seen them physically, but I can’t tell you – other than potentially skimming them, I didn’t read them in any great detail.”

Q: “Do you know why there are different versions of the report prepared, one on June 15th, which was of James Balsillie and Heidi Balsillie, and then one on July 23rd, which is just of James Balsillie, and yet another on of July 21st, which was a separate memorandum to Mr. Zimmerman? Do you have understanding of why there are different versions floating around?”

Daly: “No”

Q: “Were you involved in any discussions about taking materials in the Kroll Report out or including some materials in the Kroll Report?”

Daly: “No”

Q: “Do you know why the Kroll Reports were not given to the executive committee or to the Board of Governors before making their decision?”

The document cuts off before we get Mr. Daly’s answer. How appropriate that mishap is. What do you suppose his answer was? Tough one?

Anyhow, May 7th and already directing a bias toward the Board of Governors. Perhaps enough of a bias to ensure the Board members are not given a clear, unbiased amount of information to make a good decision on Mr. Balsillie?

I think Mr. Daly had better take a very important fact into consideration. It isn’t his hide on the line should the Board members be held accountable as directors and league authorities. It is the directors. Nice to be making decisions for them, if that is the case.

On to Mr. Bettman……

In his deposition, Gary Bettman starts to wash his hands. This should be a huge red flag to the Board of Governors, and I will explain more as we go along.

As an employee of the National Hockey League, Gary Bettman reports to the Board of Governors. The problem with any leader reporting to the Board, is the fact that Board Members tend to take the direction of the leader (commissioner in this case), and don’t necessarily ensure they understand all the liability and problems that they, not the commissioner is going to be held accountable for.

So, for Gary Bettman to advise the court what comes next is a key warning to those Board members that you had better obtain good counsel of your own, or it’s their  (Board members) collective and individual hides on the line.

On to the point.

In the deposition, Gary Bettman discussed article 4:

Q: “Is it correct that any ammendment of article 4 has to be evidenced by an instrument in writing signed by all members of the league?”

Bettman: "I have on repeated occasions advised the Board that there's an aspect of article 4 of the constitution which is unenforceable and will not be applied."

Bettman: "I have on repeated occasions advised the Board that there's an aspect of article 4 of the constitution which is unenforceable and will not be applied."

Bettman: “Not necessarily”

Q: “Not necessarily. And why would that be?”

Bettman: “Well, there are a couple of reasons. One, when you’re referring to article 4 of the constitution, it needs to be reconciled with bylaw 36; and secondly, I have on repeated occasions advised the Board that there’s an aspect of article 4 of the consitution which is unenforceable and will not be applied.

 Is Gary Bettman saying his only obligation is to advise the perhaps stubborn Board members that there are aspects of the constitution that are unenforceable? Is this a ‘washing of his hands’ and responsibility? Would Gary Bettman be better advised to inform the Board that in the current form the constitution is flawed and creates a great potential liability to the members of the Board?

Gary Bettman was under oath. He likely knew there were questions and a line of questioning that would implicate him responsible. What does he choose to do? He washes his hands and defers responsibility to the Board he serves. Board of Directors, this is your wake up call.

It continued….

When asked if he as commissioner had the right to interpret the league rules and establish policies regarding the constitution and bylaws, and that he (Commissioner) had the right to change provisions of the constitution by his (Bettman’s) interpretation, Bettman said:

“If they need to be reconciled either with other documents, resolutions and applicable law, yes.”

I wonder if that law would include the Competition Act of Canada?

So, is Gary Bettman saying he as commissioner has the right to change aspects of the constitution as required by applicable law, in this case the Competition Act of Canada? I would think so.

Regarding article 4.3, the counsel asked a specific question:

“I’m asking you a very narrow question. Has there ever been a written ammendment to that provision of the constitution signed by all members of the league?”

Bettman: “I don’t believe so, but that shouldn’t matter because I’ve advised the board-”

Bettman: “- on repeated occasions that we are not enforcing that provision, and there hasn’t been any objection to that, and in fact, the competition bureau in Canada has affirmed our policy and practice in that regard.”

“There hasn’t been an objection to that”? What about the letter from the Toronto Maple Leafs hand delivered to the office of the National Hockey league in 2006? Was this part of the information given to the Competition Bureau in Canada? Somehow, I think not.

So, Mr. Bettman in 2009 states that there was no objection, but clearly the Toronto Maple Leafs did object.

As pointed out by Patrick Romanoski, methinks we have a problem here. Would this be lying under oath?

Would this include withholding material evidence from the Competition Board of Canada?

I think we leave it for now on those valid issues. We will continue next time with more Gary Bettman deposition analysis, and for Craig Leipold.

The NHLPA got a fresh leader, eh?

Hmmmm……

Well, I must make a final comment to Mr. Bill Daly. Bill, you as a league know how to end a fight?

I don’t think you will be able to ‘end’ this one.

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