NEWS: Howard is still sticking with the court case

[jenn_gp]

He's now asking Judge Pechman that the case be split into two parts, a liability phase and remedy phase. From today's PI: http://seattletimes.nwsource.com/html/s ... oni25.html

Splitting it would allow her to render a decision on Schultz's claims that he was duped into selling the team before hearing arguments on how she would force the team to return from Oklahoma City.

More threats from mob leader, opps I mean Commisioner Stern:

Schultz and Stern spoke June 24, according to court documents, and Stern said he wanted "to hear it from the horse's mouth" why Schultz would not drop his lawsuit.

"I told commissioner Stern that I did not consider the NBA's assurances regarding locating a team in Seattle to be strong enough for me to dismiss the BCOS's lawsuit," Schultz wrote in court documents. "In response to that, commissioner Stern said that the NBA would offer no further assurances in that regard."

Stern also told Schultz it would become very expensive for the Starbucks chairman if he continued his lawsuit. On July 11, NBA vice president and general counsel Richard W. Buchanan informed Yarmuth in a faxed letter that Schultz would be responsible for all legal fees and reasonable expenses incurred by the NBA and PBC even if he wins his lawsuit.

It also says in the article that Yarmuth will reply back to the NBA about interving with the case next week. Heads up for that.

What do you guys think about Howard's request to split the trial into two phases? With what little hope we already have regarding this case, does this give us more hope, or is it a sign that Howard is starting to give up?

[jenn_gp]

Here's additional info about the idea to split the case from Greg Johns of the PI:
http://seattlepi.nwsource.com/basketbal ... ial25.html

If granted by Pechman, the split trial would potentially keep the NBA and its legal team on the sideline until the second phase to determine how the court might resolve the dispute.
"In light of the NBA's motion to intervene, bifurcation is particularly appropriate," Yarmuth wrote in Thursday's motion. "Not only would it permit the Court to reserve its decision on whether to permit the NBA to intervene until later in the case (when it might be relevant and appropriate), it would also ensure that this case does not become an unnecessarily expensive and over-lawyered three-party litigation until absolutely necessary (if at all)."

Schultz would also like to divide the two trials by a period of four months or so in order to allow potential investors to come forward who might be interested in purchasing the team with the intent of keeping it in Seattle, should he succeed in unwinding his 2006 sale of the Sonics to the Oklahoma City owners. The gap could also create time for the NBA to help resolve the issue of Seattle being without a franchise now that the team has moved to Oklahoma City, given it would be apparent at that point that Schultz's suit indeed had merit.

I would say for me, this personally gives me more hope. I'm just happy that Schultz is continuing with this, even with Stern's threats. I'm not surprised at all in how Stern is acting. This is starting to get interesting.

FYI: The Joint Status Report and Discovery Plan is due today to Judge Pechman.

[McG]

I think it would be amazing for basketball fans in Seattle if Pechman allows the suit to be split into separate phases. This would give Schultz a much better chance of slapping the PBC with a guilty verdict, essentially eliminating any dialogue concerning the repercussions of another relocation until the verdict has already been determined.

The most promising aspect of this article to me is Schultz's comments about his dialogue with Stern, "commissioner Stern said that the NBA would offer no further assurances in that regard." It sounds like Schultz would be willing to drop the suit entirely IF Seattle were to be given a written document guaranteeing a team (either expansion or relocation). Let's be honest, the chances of the true Sonics coming back to Seattle are slim, but if this lawsuit is putting as much pressure on the NBA as it seems to be (judging by their public statements), it may very well be in their best interest to make a guarantee like this.

[jenn_gp]

I agree McG...Howard is going from being a goat to hero here IMO. Just for the fact that he's sticking to this case gives me hope that something good will come as a result of this case.

Also, one thing I forgot to add in that Greg Johns article, the NBA has already given Schultz a billing rate for New York lawyers that cost $900/hour plus additional fees for associates.

What a crook..the "NBA Cares" doesn't it?

[bennith13]

David Stern is a mob boss. Good analogy. I just hope Howard keeps it up.

[djthesonicsfan]

Great news. Thanks for sharing. It would definately be worth hearing about Pechman's decision if anyone has access to that. Yarmuth for mayor!

Makes me bummed that we lost out on CJ Miles today. I think he would've made a great addition at the two when KD & Green slide over.

Still a chance to move Watson... Cavaliers (especially if West bolts for Europe), Heat (they could easily sign/trade JWill to a perfect fit one year deal) & Nuggets (they've a $10M TPE that's just not big enough for Hinrich if they decide to spend the money) are all still possibilities.

[Dick Tate]

Makes me bummed that we lost out on CJ Miles today. I think he would've made a great addition at the two when KD & Green slide over.

We?
Wrong board, pal.

[BenjaminH]

I agree, C.J. Miles would have been a great addition.

[slick_watts]

I agree McG...Howard is going from being a goat to hero here IMO.

i would say the term 'hero' is grossly overstating what schultz has done here. of course he's not going to drop the suit, it's probably worth more to him in lattes and frapuccinos to keep it going at this point. if he actually ponies up the cash to take this all the way and doesn't fold then i would say 'hero' would be an acceptable term. right now, though, he's more or less all talk and there's still nobody i would blame more for this situation than him.

this kind of short-sightedness is exactly what he was banking on when he filed this suit IMO. people are already forgetting that he SOLD THE TEAM to okc.

[djthesonicsfan]

Makes me bummed that we lost out on CJ Miles today. I think he would've made a great addition at the two when KD & Green slide over.

We?
Wrong board, pal.

Cut back on the coffee, Dick.

[derriko]

it is funny, Shultz is the one who killed the sonics in the first place, so if he wins the case i wont even forgive him for being a dumbass and am still never touching starbucks again

[jenn_gp]

I agree McG...Howard is going from being a goat to hero here IMO.

i would say the term 'hero' is grossly overstating what schultz has done here. of course he's not going to drop the suit, it's probably worth more to him in lattes and frapuccinos to keep it going at this point. if he actually ponies up the cash to take this all the way and doesn't fold then i would say 'hero' would be an acceptable term. right now, though, he's more or less all talk and there's still nobody i would blame more for this situation than him.

this kind of short-sightedness is exactly what he was banking on when he filed this suit IMO. people are already forgetting that he SOLD THE TEAM to okc.

Trust me, I haven't forgotten...I will never step into another Starbucks as long as I live.

It appears that he's our only hope at bringing the NBA back at this point, unfortunately. I don't trust our politicians enough to believe they will work hard on rebuilding the Key to NBA standards, which is the only way we were "promised" to be notified if a team is for sale.

So yes, Schulz is our last hope if we ever want to see professional basketball in our city again IMO. He could have caved in like the spineless city leaders, but knew Stern wasn't serious on bargaining for a replacement team.

My belief is that he's come this far--even after threats from Stern. The only way I can see him giving up is if he settles for a replacement team with the NBA. It's pretty obvious they are bothered with the publicity that might leak out as a result of this case, hence their request to intervene.

I think he deserves credit for trying. He could have bailed out a long time ago, but has stuck his guns. Do I look at him as a hero right now? No, but he's on his way there. That's why I said "he's going from goat to hero." I guess my wording was wrong a bit. Trust me, I haven't forgot about who got us in this mess. I'm not as "short-sighted" as you think, so get off my back, jeez.

[Dick Tate]

Makes me bummed that we lost out on CJ Miles today. I think he would've made a great addition at the two when KD & Green slide over.

We?
Wrong board, pal.

Cut back on the coffee, Dick.

Wake up and smell the coffee, DJ. It isn't our team. This is where they say "we".

[djthesonicsfan]

Hey Dick, no kidding. The point is there's a wide range of conflicted feelings among us remaining faithful. Tolerance is a virtue.

[Dick Tate]

The point is there's a wide range of conflicted feelings among us remaining faithful.

I realize that. I just thought everyone would've moved past the denial stage by now.

Tolerance is a virtue.

I can tolerate quite a bit. The "we" stuff is an exception. I was able to tolerate the "will Durant play the two or three?" threads last year even though the endless discussion of the subject didn't interest me. It will be even easier to ignore those posts this season since,
a. I don't care what happens to the roster.
b. Almost all of those conversations will now take place on another board.

Seriously, are you expecting to carry on in this forum as if nothing happened? Are you expecting to carry on conversations about the rotations as if folks here will care? If you do, that's up to you. I wouldn't expect too many active discussions here unless some Okie trolls come to nest. A few others that were here last season and still want to talk about the doings of Presti and PJ have moved on and are now posting in a forum where others are just as interested in talking about the rotations. I was just trying to offer a suggestion on where you might be able to post about the things you still want to talk about and be able to discuss it where the majority of folks are genuinely interested.

[jenn_gp]

Here's an update I saw posted by Brian over at SonicsCentral:

Both sides will be making arguments before Judge Pechman on August 8. Rulings could be fairly quick down the pipeline and they expect them in as little as a few day. Federal court tradition mandates a ruling 30 days from the date of submittal so look for something no later than August 23 in the matter of splitting the cases and a week or so earlier in reply to the NBA’s request for intervention.

[Ex-hippie]

Sorry, but I don't trust a word from Brian Robinson anymore. Again and again he reported promising rumors as though they were facts. And though I don't doubt that somebody "in the know" was giving him this info, it's pretty clear that he had been misled and misdirected through the whole process. From the reports of a secret back-room deal for an arena (which was fishy even at the time) to the assertion that there was no settlement, none of the tips turned out to be any good. Nothing against him and I admire the passion and energy he has put into this, but I'm not relying on him as a source for facts anymore.

[djthesonicsfan]

The point is there's a wide range of conflicted feelings among us remaining faithful.

I realize that. I just thought everyone would've moved past the denial stage by now.

Tolerance is a virtue.

I can tolerate quite a bit. The "we" stuff is an exception. I was able to tolerate the "will Durant play the two or three?" threads last year even though the endless discussion of the subject didn't interest me. It will be even easier to ignore those posts this season since,
a. I don't care what happens to the roster.
b. Almost all of those conversations will now take place on another board.

Seriously, are you expecting to carry on in this forum as if nothing happened? Are you expecting to carry on conversations about the rotations as if folks here will care? If you do, that's up to you. I wouldn't expect too many active discussions here unless some Okie trolls come to nest. A few others that were here last season and still want to talk about the doings of Presti and PJ have moved on and are now posting in a forum where others are just as interested in talking about the rotations. I was just trying to offer a suggestion on where you might be able to post about the things you still want to talk about and be able to discuss it where the majority of folks are genuinely interested.

Denial? Carry on as if nothing happened? I hardly think a couple passing comments warrants this response. And I hardly think it's your place to tell me what forum I should go to. Last time I checked you weren't a mod. Lighten up, Dick.

[Dick Tate]

I didn't tell you to do anything. Like I said, it's up to you. I was just offering a suggestion... trying to be helpful. Carry on.

[Saul]

IT sounds like to me that Stern is getting really nervous and realizes that some dirty dealings went on. I bet that is why Oklahoma City has not officially announced their new uniform and team name. My gut feeling tells me that they are going to have to step in and reverse this thing and the Sonics will be playing in Seattle this year. The NBA just seems way too defensive and nervous. And I might end up being wrong, but I think they'll be forced into doing what is right. The only question is what they will do after teasing the Oklahoma fans, but I dont' think Memphis has any fanbase at all so they will probably work something out with Memphis is sold to Bennett and they become the Oklahoma City ____...

Plus the other thing nobody talks about. There was one good thing to come of this. Wasn't the major issue the Key Arena lease? I read that the Key Arena lease was voided after the new broke. So when the team returns to Seattle doesn't that mean they have to renegotiate a brand new lease? It's almost like this is exactly what needed to happen all along to end that lease. It's just a long long way of going around getting a workable lease with the city of Seattle.