Conversion has three elements under California Law: (1) ownership or right to possession of property; (2) wrongful disposition of the property right; and (3) damages. [2], In 2013, Priority Sports & Entertainment was named on Forbes' list of the 10 World's Most Valuable Sports Agencies and the 8 Most Valuable NFL Agencies. However, if the moving party does not bear the burden of proof, it can satisfy its Rule 56(c) burden by showingthat is, pointing out to the district courtthat there is an absence of evidence to support the nonmoving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. Bartelstein further claims that prior to his resignation, Plaintiff failed to advise Priority Sports about (1) his communications with a prospective client named Mike Scott, (2) his attempted communications with prospective client Terrence Ross and his family; and (3) his communications with another prospective client, Rob Sacre. Accordingly, the Court GRANTS Plaintiff summary judgment on the invasion of privacy claim. In response, Priority Sports rests on its papers, maintaining that it has obtained substantial evidence that Mintz and CAA engaged in numerous unfair and unlawful acts that support their claim for violation of the UCL. (Opp. Accordingly, the Court is not persuaded by this non-controlling authority. All Rights Reserved. Disclose Confidential Business Information to persons not affiliated with the Company, including, without limitation, Company Competitors, without the Company's prior written consent; or. Interest in the skilful, highly technical Spanish midfielder will only increase after a surge in form. This argument is frivolous. (Compl. Apple TV+ could be making a bid to live stream Pac-12 sports replacing ESPN & Fox. "They're too stacked," Young told. He had a separate business email address, aaronm@ prioritysports. The GM had turned down several trade offers for the Revere High product in the past. It is undisputed that on March 23, 2012, Plaintiff terminated his employment with Priority Sports without giving fourteen days' written notice. Michael Porter Jr., who underwent back surgery in November, is progressing to be cleared for on-court contact within the next week, his agent told ESPN's Adrian Wojnarowski. (DUF 12). Bartelstein, a resident of Royal Oak, has made a serious impact on the Pistons organization since joining the team nearly five years ago. [11] "Priority has represented 20 players, or 9.5 percent, of the first-round selections in the NBA draft over the past seven years. Mark Bartelstein and Associates Inc. Download PDF Check Treatment Summary finding declaratory judgment claim was moot because defendants had not attempted, in the litigation or any other litigation, to enforce the non-compete clause Summary of this case from Healy v. Qognify, Inc. See 6 Summaries Search All Caselaw on Casetext. In. L, Response to Interrogatory 1). The Most Valuable Sports Agencies 2022: The Rich Get Richer Amid A Wave Of Consolidation, The Most Powerful Sports Agents 2022: Scott Boras Is In A League Of His Own, Do Not Sell or Share My Personal Information, Limit the Use of My Sensitive Personal Information. Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. A fact is material only if it might affect the outcome of the suit under the governing law. Id. . Freer spearheaded the acquisition of local broadcast sports rights including MLB, NBA, and NHL teams. (40-17) at. 56(d). To believe that any of 2023's neo-contenders can become bonafide champs over the next few months is to believe that a once-in-a-quarter-century occurrence is about to transpire. 16, Ex. For the reasons above, Plaintiff's Motion for Summary Judgment on its own claims is GRANTED with respect to the claims for violation of California Penal Code 502 and invasion of privacy, but DENIED with respect to the claim under the UCL. Mark Bartelstein is only one of two agents on our list that eclipsed the $300 million mark. Even crediting this testimony, which lacks foundation, there is no evidence that Plaintiff's communications with these players included solicitations to join CAA. Counsel are warned that further errors of such an egregious nature will be construed by the Court as indicative of bad faith, and may be grounds for sanctions. Priority Sports has not satisfied the requirements of Rule 56(d). Accordingly, the Court GRANTS Plaintiff summary judgment on the 502 claim. Insurtechs will need to demonstrate their longevity in the market by prioritizing technology and profitability and continuing to deliver value to customers. The declaration does not indicate that deferring the resolution of Plaintiff's Motion for Summary Judgment until these players have been deposed would have allowed Priority Sports to supply evidence creating a triable issue that Plaintiff made defamatory remarks that caused damaged. Monthly rental prices for a two-bedroom unit in the zip code 60654 . Milwaukee. Defendants assert that Plaintiff removed and retained without permission property belonging to Priority Sports, including two boxes of documents, a laptop computer, and cell phone. In other words, the Motion does not seek summary judgment on the claims for defamation and the interference with prospective economic advantage. The Chicago native was recruited by Tellem to be his assistant when he joined the organization. [Wojnarowski] The Charlotte Hornets are converting two-way guard Bryce McGowens on a four-year, $7.4 million deal, his agents Mark Bartelstein and Kyle McAlarney of @PrioritySports tell ESPN. With a total of 103 clients, he earns $48.6 million a year from contracts totaling just over $593 . Full title:Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. (Def. In review, Priority Sports has failed to create a triable issue that it suffered damages as a result of the alleged breach of contract. at 9). (Opp. Carmen v. San Francisco Unified School District, 237 F.3d 1026, 1031 (9th Cir.2001) (The district court need not examine the entire file for evidence establishing a genuine issue of fact, where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found.). In response, Priority Sports shifts theories, arguing that Plaintiff violated 502 by wrongfully accessing Priority Sports' confidential information and forwarding it to his Gmail account. Without more, however, the facts presented do not reasonably support an inference that Plaintiff had transferred his loyalty to CAA before his resignation. The company's line of business includes providing full service legal advice. In a declaration supporting Priority Sports' Opposition, defense counsel stated that he was informed that counsel for Priority Sports identified to CAA players it believed overheard defamatory statements and CAA's counsel represented that it would accept service for those players. (Dacus Decl. Priority Sports alleges that Plaintiff and CAA conspired to commit the alleged wrongful acts described in the preceding sections, including the breach of contract, breach of duty of loyalty, and misappropriation. June 2, 2022 . All rights reserved. NBA, NFL agent | Priority Sports/Entertainment | Class of 1982. 3). At that time, she was attending East 15 drama school in Essex. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. All Rights Reserved. Instead, Defendants only argue that Plaintiff breached the notice provision by failing to give fourteen days' notice of his resignation. 19). 2023 Forbes Media LLC. 19). 2, 5). To be clear, Plaintiff does not take issue with the notice requirement itself. Carefulexamination of these cases, however, reveals that the instant litigation costs do not fall under this precept. Plaintiff attested in his declaration that he has been the sole account holder since he opened the account. The baseball mega-agent sets a record with commissions of up to $191 million, leading a group of 15 managing over $20 billion in active playing contracts. Defendants argue that Plaintiff engaged in conduct that belied his expectation of privacy, but none of these contentions have merit. Mark Bartelstein Priority Sports Staff 2022-09-22T16:51:47-05:00. This kind of harm is conspicuously absent from the instant case. If anything, Plaintiff's conduct is consistent with an expectation that absent his voluntary disclosure, the terms of his employment with Priority Sports would have remained confidential. Plaintiff asserts that Priority Sports' unauthorized access to his Gmail account violated his right to privacy under the California Constitution. Plaintiff also alleges that Defendants violated other subsections of 502, though these claims are superfluous to establish liability in this case. The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. Priority Sports accordingly asserts the following counterclaims: (1) breach of contract against Mintz; (2) breach of the covenant of good faith and fair dealing against Plaintiff; (3) breach of the duty of loyalty against Plaintiff; (4) misappropriation of trade secrets against Plaintiff and CAA (collectively, Counterdefendants); (5) intentional interference with contractual relations as to CAA; (6) intentional interference with present and prospective economic advantage and business relationships against Counterdefendants; (7) conversion against Plaintiff; (8) violation of California Penal Code 502 against Plaintiff; (9) defamation against Plaintiff; (10) trade libel against Plaintiff; (11) conspiracy against Counterdefendants; and (12) violation of the UCL against Counterdefendants. Mark Bartelstein Contact Information. at 981. Priority Sports responds with the naked assertion that there is substantial evidence that Mintz and CAA conspired with each other to inflict severe harm on Priority Sports, both financially and to its reputation, and Priority Sports is entitled to present such evidence in support of its claims at trial. (Opp. Sensory rooms provide a safe option for neurodiverse sports fans wishing to attend live stadium events but fearful of the impact the noisy and raucous atmosphere might have on their condition. Defendants first claim that Plaintiff breached his employment by failing to give fourteen days' written notice of his resignation effective March 23, 2012. The firm has established itself as an industry leader by developing core values of integrity, hard work, and a steadfast . at 43334. at 16). Nor has Priority Sports pointed to evidence of how it may have been disadvantaged in this litigation by virtue of Plaintiff's anticipatory steps. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). On March 25, 2012, Priority Sports' General Counsel, Rick Smith, instructed another employee, Bradley Ames, to access Plaintiff's personal email account (a.k.a. The next day, Plaintiff's colleague, Kevin Zuckerman, emailed Plaintiff the following message: I'm in shock! The most successful people in the world surround themselves with individuals who are unconditionally committed to their success. Bartelstein also attested in his declaration that prior to his resignation, Plaintiff failed to inform Priority Sports that a client's relative had complained about the company's marketing department. The steady decline of cable networks, both basic and regional sports networks, has been apparent in recent years as cord cutting and cord shaving have been key themes amongst consumers. Likewise, a scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact. @BTS_twt #Throwback #DearClassOf2020 David Lee's Agent, Mark Bartelstein, Denies Trade To Warriors Is A Done Deal Knicks On Verge Of Landing Anthony Randolph, Others From Warriors In Sign-And-Trade For David Lee View all 4 stories Find company research competitor information contact details financial data for Mark Bartelstein Associates Inc of Sherman Oaks CA. (Counterclaim 93). He only averred, however, that Plaintiff failed to inform him of communications or contacts with Scott, Ross, and Sacre prior to Plaintiff's resignation. In other words, investigating the perpetrator's identity was only justified to the extent that it was necessary to remedy the harm. For the reasons above, the Court concludes that there is no litigable controversy with respect to either claim for declaratory relief. (Counterclaim 67). Plaintiff argues, inter alia, that Priority Sports has failed to offer evidence of any specific instance of misappropriation. Ct., 190 Cal.App.3d 342, 235 Cal.Rptr. Lowry signed a three-year deal worth up to $100MM in 2017. Moreover, it is undisputed that within days of the hacking, Plaintiff discovered that a Priority Sports employee, Kenny Zuckerman, had learned of, and disclosed to others, Plaintiff's compensation with CAA. Because the Court concludes in separate sections below that the misappropriation and conversion claims fail as a matter of law, they likewise cannot support a breach of contract claim here. These are distinct claims. 7). Mark Bartelstein handles player salaries combining up to $251,405,798 which is the third-highest amongst any NBA agent. In fact, Ketroser stated that after Plaintiff's resignation, Kenny Zuckerman, an employee of Priority Sports, first disclosed to Ketroser that he had accessed Plaintiff's email account and discovered that his salary at CAA would be less than at Priority Sports. 8). Servs., Inc., 854 F.2d 1179, 1181 (9th Cir.1988). CSC-LAWYERS INCORPORATING SERVICE COMPANY, agent; MARC SAMSON, treasurer, 1 Mar 2016 - MARC SAMSON, director, 1 Mar 2016 - MARK BARTELSTEIN, president, 1 Jan 2012 - MARK BARTELSTEIN, director, 1 Jan 2014 - Because Priority Sports failed to carry its burden under Rule 56(e), the Court GRANTS Counterdefendants summary judgment as to the UCL claim. The principals are Mark Bartelstein from Highland Park IL and Rick Smith from Chicago IL. United States, Illinois, Chicago. Because the foregoing facts do not create a triable issue of breach of contract, neither can they give rise to a breach of the duty of loyalty. Decl. Rick Smith Priority . Second, Defendants argue, without citing specific evidence, that Plaintiff's girlfriend, Jenna Manos, had access to Plaintiff's Gmail account. Gordon Hayward will become a free agent after declining his $34.2 million player option with the Celtics for the 2020-21 season, Hayward's agent Mark Bartelstein told ESPN's Adrian Wojnarowski. C082147 TEH, 2008 WL 2264485, at *12 (N.D.Cal.2008). Rule 56(e) requires that the adverse party's response, not just the adverse party's various other papers, set forth specific facts establishing a genuine issue. Carmen, 237 F.3d at 1031. In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. (Dkt. Ct., 42 Cal.4th 319, 64 Cal.Rptr.3d 693, 165 P.3d 488, 499 (2007). In lieu of flowers and food, contribution would be greatly appreciated to the Gordon Bartelstein Memorial Fund, Evans Scholars, One Briar Road, Golf, IL 60029, www.wgaesf.org. Priority is now one of the premier NBA and NFL athlete representation agencies, and Bartelstein has negotiated nearly $1 billion in active NBA contracts as of Forbes' 2022 agent ranking, including major deals for Bradley Beal, Tim Hardaway Jr. and Gordon Hayward. (Mintz Decl. 303, 304305 (Ct.App.1987). "We had very positive talks," Bartelstein told Johnson. Live from London, tracking the breaking and top business news stories in the lead-up to the opening of European markets. Select the first team from the drop down menu. Tabitha Brinkerhoff Priority Sports Staff 2022-09-26T17:20:19-05:00. It is undisputed that the hacked Gmail account was a web-based, personal email account under the address, amintz 31@ gmail. . Therefore, this does not create a triable issue as to whether Plaintiff had an expectation of privacy in the Gmail account. (Counterclaim 133). Moreover, Priority Sports fails to identify any evidence creating any triable issue that Counterdefendants' behavior was unfair or fraudulent within the meaning of the UCL. INTERNATIONAL Our clients have secured some of the best contracts in the international basketball world. Therefore, Plaintiff lacks standing to seek declaratory relief. 15). Disclose Confidential Business Information to anyone, including, without limitation, Company Competitors not affiliated with the Company, without the Company's prior written consent. California. Discovery Regional Sports Networks May File For Chapter 7 Bankruptcy, Why Dicks Sporting Goods Acquisition Of Moosejaw Is A Good Move, Cord Cutting Has Crushed MLB, NBA And NFL Regional Sports Networks, 2023 Lexus LS 500 F-Sport A Stylish But Tame Ride, The First Key To A Career In Sports: Relationships, 3 Ways To Make Quality A Priority For The C-Suite, Streaming Innovations Are A Top Priority Amid Diamond Sports Group Fiasco, 12 Top Priorities New CIOs Should Tackle In Their First Year, Four Trending Priorities For Insurtechs In 2023. Of business includes providing full service legal advice by veteran Sports agent mark is... The Gmail account was recruited by Tellem to be his assistant when he the... Legal advice midfielder will only increase after a surge in form live Pac-12. Plaintiff asserts that Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Lowry! 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