Co. v. Robinson, 394 F.3d 665, 669 (9th Cir.2005). In their Opposition, Defendants concede that the notice provision did not prevent Mintz from terminating his employment or from joining CAA; nor did it prevent Mintz from competing fairly with Priority Sports after his termination date. (Opp. 13). 2505, 91 L.Ed.2d 202 (1986). (Dkt. View Mark Bartelstein results including current phone number, address, relatives, background check report, and property record with Whitepages. California. [7], Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. This argument is frivolous. Finally, Priority Sports fails to identify a single client that it lost as result of Plaintiff's failure to give notice. Thus, the only question is whether Plaintiff's failure to return the cell phone constitutes conversion. 2). at 24). [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. A nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. 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. 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. Before reaching the merits, however, the Court addresses Defendants' argument that the issue of the non-compete clause is moot. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. And negotiating the NBA contract that made John "Hot Rod" Williams the highest-paid player in the history of team sports. July 16, 2012) (internal quotation marks omitted). 19). However, as already explained, a party seeking a continuance pursuant to Rule 56(d)(2) must show that (1) it has set forth in affidavit form the specific facts it hopes to elicit from further discovery; (2) the facts sought exist; and (3) the sought-after facts are essential to oppose summary judgment. Family Home, 525 F.3d at 827. 443, 44950 (C.D.Cal.2007). Diamond Sports Group's inability to pay $140 million interest payment has Major League Baseball exploring streaming innovations. 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. ( Id. Ames obtained a temporary password without Plaintiff's consent and accessed Plaintiff's Gmail account for at least twenty minutes. Plaintiff contends, however, that the evidence refutes this allegation. The burden is on the party seeking declaratory relief to establish the existence of an actual controversy. Do Not Sell or Share My Personal Information; Contact Us; On this Wikipedia the language links are at the top of the page across from the article title. Overnight on Wall Street is morning in Europe. Without more, however, the facts presented do not reasonably support an inference that Plaintiff had transferred his loyalty to CAA before his resignation. Everything anyone ever liked about the looks and feel of a Lexus is here. DraftExpress - NBA Player Agent Mark Bartelstein of Agency Priority Sports and his players. [8] He first gained acclaim after negotiating the contract for NBA star John "Hot Rod" Williams, [2] because it made him the highest paid player in the history of team sports at the time. & Loan Ass'n v. Super. 2201, that two provisions of Plaintiff's employment contract with Priority Sports are unenforceable, namely a two-year non-compete clause and the requirement of fourteen days' written notice of termination. The next day, Plaintiff's colleague, Kevin Zuckerman, emailed Plaintiff the following message: I'm in shock! On Friday night, Lowry's agent, Mark Bartelstein, went on SiriusXM Radio and proclaimed the Philadelphia Inquirer's report from earlier in the day that had a potential Lowry deal cooking between . Company profile page for Mark Bartelstein & Associates Inc including stock price, company news, press releases, executives, board members, and contact information A claim for breach of contract has three essential elements: (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. Oasis West Realty, LLC v. Goldman, 51 Cal.4th 811, 124 Cal.Rptr.3d 256, 250 P.3d 1115, 1121 (2011). Priority Sports & Entertainment is a full-service sports management firm, representing NFL and NBA athletes and coaches, based in Chicago, Illinois and Sherman Oaks, California. 2701, et seq., which is located in a separate part of the ECPA. The deal includes a fourth-year team option. V(B)). at *2. Chicago. The Court therefore proceeds to address whether Priority Sports has raised any triable issues as to the remaining grounds for breach of contract. In a 3.5-hour conference, CEO Elon Musk confirmed news broken a day earlier by Mexicos president about the carmakers plans for a plant in Monterrey thats expected to make lower-cost EVs. (Podcast). St. Uncontroverted Facts II (Dkt. 2701(a)(1); (Reply at 5). It is undisputed, however, that the legal fees in question were paid not by Plaintiff, but by CAA, which is not a victim of this offense. Mark Bartelstein Priority Sports Staff 2022-09-22T16:51:47-05:00. awards . All Rights Reserved. Uncontroverted Facts (DUF) 6). II 3437). (Opp. Year after year, Priority Sports has expertly managed the NBA Draft process to not only elevate the Draft stock of our clients, but also to ensure our clients are drafted by teams that provide them with the best possible platform to launch successful, long-term NBA careers. Mark Bartelstein, 61. Priority Sports' Opposition is utterly devoid of evidence that Plaintiff or CAA misappropriated any trade secrets belonging to Priority Sports. However, Plaintiff testified that he gave Manos access to his temporary password so that she could help him investigate who had hacked his Gmail account. Mark Bartelstein, informed him about Golden State's interest on the first night of free agency, Young initially sounded more confused than flattered. Specifically, when Bartelstein, Priority Sport's Person Most Knowledgeable, was asked, You can't identify any files that Mr. Mintz copied or deleted from Priority Sports, correct, you sitting here today cannot? Bartelstein responded, Correct. (Bartelstein Depo. 19). The GM had turned down several trade offers for the Revere High product in the past. In other words, a practice is prohibited as unfair or deceptive even if not unlawful and vice versa. Id., 83 Cal.Rptr.2d 548, 973 P.2d at 540. At that time, she was attending East 15 drama school in Essex. ). 56(c); Tarin v. County of Los Angeles, 123 F.3d 1259, 1263 (9th Cir.1997). Plaintiff alleges that by virtue of the aforementioned claims, Defendants have engaged in unlawful business acts or practices in violation of California's UCL. [4] In 2015, Forbes ranked Priority #20 on the list, with $947.52 million in contract value under management and $33.2 million in commissions. 7:30 PM ET. Accordingly, no jury could find that this harmed Priority Sports. The sole support for this assertion is Bartelstein's declaration, in which he claims that because of the lack of notice, he was unable to contact a client until five days after Plaintiff's resignation. Constance's net worth is around $200K. Disclose Confidential Business Information to anyone, including, without limitation, Company Competitors not affiliated with the Company, without the Company's prior written consent. In Kimberlite, for instance, an individual hacked into a corporation's computer network and email system. Plaintiff further argues that Priority Sports cannot show it has been damaged. Only admissible evidence may be considered in deciding a motion for summary judgment. 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. The agent name for this entity is: Corporation Service Company. Plaintiff argues, inter alia, that Priority Sports has failed to offer evidence of any specific instance of misappropriation. Whether plaintiff has a reasonable expectation of privacy in the circumstances and whether defendant's conduct constitutes a serious invasion of privacy are mixed questions of law and fact. Music Managers. (Bartelstein Decl. Rather, the emails Defendants viewed were stored on Gmail. Priority Sports has not satisfied the requirements of Rule 56(d). Counterdefendants' Motion for Summary Judgment as to Defendants' counterclaims is GRANTED as to every claim. 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. ( Id. at 978. We provide email, phone, address, along with clients info for thousands of entertainment professionals. Keep raising your voices. Feeling Lucky With Accel Entertainment (ACEL), Apple TV+ Is Looking Into Streaming More Live Sports, Neurodiverse Sports Fans Still Face Exclusion From Many Stadia, Study Shows, Warner Bros. Contact Us; Staff Opportunities; (Compl. While some preparation is permitted, California law does not authorize an employee to transfer his loyalty to a competitor. Fowler v. Varian Assoc., Inc., 196 Cal.App.3d 34, 241 Cal.Rptr. Mark Bartelstein is a agent, and works at Priority Sports & Entertainment. Priority Sports represents the following NBA athletes: Other NBA athletes represented by Priority Sports include Kyle Lowry, Joe Ingles,[17] Jabari Parker, Enes Kanter, [[DeMarre Carroll], [Jared Dudley]], Damion James, Brad Miller, Brian Grant, Bobby Simmons, Will Bynum, Mark Blount, Brian Cardinal, Michael Dickerson, Trenton Hassell, James Posey, Jannero Pargo, and Darius Songaila. All Rights Reserved. 56). (26-32) Preview Regular Season. In SuccessFactors, the relevant harm of the unauthorized access was that the plaintiff had no clue whether the hacker might invade the website again or send additional spam emails to the plaintiff's customers. Specifically, Defendants do not dispute that at the direction of Priority Sport's senior counsel, a Priority Sports employee accessed Plaintiff's Gmail account without permission, and viewed the contents of several emails, including Plaintiff's employment agreement with CAA. Bartelstein and Priority agents Reggie Brown, Joel Cornette, Zach Kurtin, Kieran Piller and Andy Shiffman represent the players. Walker v. Countrywide Home Loans, Inc., 98 Cal.App.4th 1158, 1169, 121 Cal.Rptr.2d 79 (2002). In. Previously, Mark was the Agent at Lancast Read More Contact Mark Bartelstein's Phone Number and Email Last Update 11/8/2022 5:52 PM Email m***@prioritysports.biz Engage via Email Contact Number (***) ***-**** Engage via Phone Mobile Number As a full-service agency, we pride ourselves on the strength of our marketing department. Rather than citing facts to dispute the seriousness of the invasion, Defendants baldly assert that the intrusion was de minimis because it stems from a review of Mintz's agreement with CAA, nothing more. (Opp. Plaintiff has presented evidence that he had a reasonable expectation of privacy in his personal emails. A fact is material only if it might affect the outcome of the suit under the governing law. Id. Well build your image with the public in a positive way. Thus, the second complaint advances the following causes of action: (1) violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. L, Response to Interrogatory 1). 2201, the district court must first inquire whether there is an actual case or controversy within its jurisdiction. Rather, they challenge whether Plaintiff has presented evidence worthy of a directed verdict that he sustained a loss in excess of $5,000. 19); (Ketroser Decl. This claim has three core elements: (1) the plaintiff owned a trade secret, (2) the defendant acquired, disclosed, or used the plaintiff's trade secret through improper means, and (3) the defendant's actions damaged the plaintiff. Cytodyn, Inc. v. Amerimmune Pharm., Inc., 160 Cal.App.4th 288, 72 Cal.Rptr.3d 600, 607 (Ct.App.2008); Cal. Loss is defined as any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service. 18 U.S.C. 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.). At any rate, there is no evidence that Defendants have attempted, in this or any other litigation, to enforce the non-compete clause. 4. Accordingly, the Court GRANTS Counterdefendants summary judgment as to this counterclaim. (40-17) at. Thus, the Court GRANTS Plaintiff summary judgment on the breach of implied covenant counterclaim. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. Select the third team from the drop down menu. In addition to Bartelstein, partner Rick Smith (President of Coaches, Front Office & Broadcasters), partner Mike McCartney, Kyle Dolan (Director of Football Operations), Dominique Price and partner Kenny Zuckerman (President/Athlete Representation) are agents at the company.[18][19]. To make this assumption would constitute mere speculation. All Plaintiff needed to do to secure his Gmail accountindeed, all he could dowas to change the password and the back-up email address used to retrieve the password. 1598, 26 L.Ed.2d 142 (1970). Duality underpins practically everything about the brief existence of the KD, Harden and Kyrie Nets. CAA now manages contracts that could be worth nearly $1 billion in commissions, leading a group of juggernaut agencies that are pulling away from their smaller rivals. Contact Name Mark Bartelstein; Contact Info Email Direct ; Job Title Founder & Chief Executive Officer ; Location . Priority Sports contends that the lack of notice deprived Priority Sports of the opportunity to reach out to those of its clients who had worked with client-service teams that included Mintz and to secure its relationships with those clients before Mintz's departure was a fait accompli. (Opp. Priority Sports alleges that Plaintiff uttered several false and defamatory statements about Priority Sports to third parties that have damaged Priority Sports. On October 1, 2012, Plaintiff and CAA filed the instant Motion for Summary Judgment as to all Defendants' counterclaims, or in the alternative, Motion for Partial Summary Judgment on Plaintiff's claims with respect to the Declaratory Judgment Act, the CFAA, the ECPA, California Penal Code 502, invasion of privacy, and unfair competition. II 6775). Getting to the top of your profession is extremely difficult; staying there is even tougher. He was also helped out by his agent, Mark Bartelstein, and by his financial adviser, Paragon Sports, which he said helped him facilitate his deals. The three-day event takes place March 3-5, 2023 in New York City. All rights reserved. (Opp. Apart from this, Priority Sports provides no evidence that either Plaintiff or CAA has engaged in any other independently wrongful conduct. (Counterclaim 77(e)-(f)). In other words, investigating the perpetrator's identity was only justified to the extent that it was necessary to remedy the harm. Juan H. v. Allen, 408 F.3d 1262, 1277 (9th Cir.2005) (A reasonable inference is one that is supported by a chain of logic, rather than, as in this case, mere speculation dressed up in the guise of evidence.). at 6). Either way, if the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. (Compl. com. mark bartelstein news stories - get the latest updates from ABC13. Our basketball division has negotiated some of the largest contracts in the history of team sports. Moreover, Bartelstein's deposition testimony belies the contention that the lack of notice prevented Priority Sports from calling its clients. See also Multiven, Inc. v. Cisco Systems, Inc., 725 F.Supp.2d 887, 895 (N.D.Cal.2010) (awarding summary judgment to plaintiff where it provided evidence that it expended at least $75,000 investigating the intrusions into their network and restoring the security and integrity of Cisco's proprietary systems). (Mintz Decl. . Mark Bartelstein and Associates, Inc. was registered on Jan 13 2015 as a foreign profit corporation type with the address 325 N. LaSalle Drive, Suite 650, Chicago, IL, 60654, USA. 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. Based on this deficient showing, the Court concludes that no rational fact-finder could conclude that Plaintiff's failure to give notice damaged Priority Sports. Memorial Sloan Kettering Cancer Center New York, New York, NY, 10021. We have more from around the Atlantic Division: Heading into unrestricted free agency next summer, Raptors point guard Kyle Lowry has hired Priority Sports headed by longtime agent Mark Bartelstein to represent him, according to a Priority Sports tweet. 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. 20); (Ketroser Decl. (Opp. MORE> Plaintiff contends that Defendants leaked his employment terms with CAA to a third party named Josh Ketroser. 2505. Info: The Goldman . Michael Harvey-Bray Contact Information. In sum, Defendants have failed to point to specific facts raising a triable issue of whether Plaintiff had a reasonable expectation of privacy. 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. To begin, Plaintiff's own evidence establishes the undisputed fact that, within days of the hacking incident, Plaintiff was already convinced that Priority Sports was responsible for the breach of the Gmail account. at 13). Rather, the emails Defendants viewed were stored on Gmail., granting summary judgment for defendants where Plaintiff failed to show sufficient loss, but Defendants did not contest violation of the CFAA where a defendant had instructed another person to access Plaintiff's email account, noting that "[u]nder the plain language of the statute" damages must be established. 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. Because Priority Sports has failed to discharge its burden under Rule 56, the Court GRANTS Plaintiff and CAA summary judgment on the misappropriation counterclaim. Whether Plaintiff has presented evidence worthy of a directed verdict that he had a reasonable of. Officer ; Location ( 1 ) ; ( Reply at 5 ) harmed Priority Sports fails to a... Player agent Mark Bartelstein ; contact info email Direct ; Job Title Founder & amp ; Chief Executive Officer Location. Basketball division has negotiated some of the non-compete clause is moot of Sports. Is: corporation Service Company judgment on the party seeking declaratory relief establish. 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