Fed.R.Civ.P. 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. The mere fact that the SCA is also part of the ECPA does not mean it covers the same theory of liability. "I was nervous at first of moving away from Chicago. (Compl. When asked, Didn't you call all of those players? Bartelstein replied, I did. (Horn Decl. In addition, the statutepermits the owner or lessee of the computer or data who suffers damage or loss by reason of a violation to bring a civil action. 502(e)(1). Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. The declaration does not, however, refer to any specific facts that the players would establish, or explain why their testimony was essential to justify Priority Sport's opposition. 16, Ex. 2023 Forbes Media LLC. Specifically, Priority Sports asserts on information and belief that Plaintiff told an industry blogger that another employee was leaving Priority Sports. Plaintiff contends that Priority Sports has not produced evidence that Plaintiff made these statements, and that in any event, the statements are inadmissible hearsay and non-actionable opinions. Priority Sports has worked with NFL athletes for over twenty years. Second, even if CAA's involvement does not preclude a finding that Plaintiff suffered a loss, the Court holds that the litigation expenses in this case do not qualify as a loss under the CFAA. Apple TV+ could be making a bid to live stream Pac-12 sports replacing ESPN & Fox. Decl. Before reaching the merits, however, the Court addresses Defendants' argument that the issue of the non-compete clause is moot. 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. Menu. (Mintz Decl. (Counterclaim 133). Id. Co. v. Bear Stearns & Co., 50 Cal.3d 1118, 270 Cal.Rptr. Further, the Court GRANTS summary judgment in favor of Defendants on Plaintiff's claims for declaratory relief, violation of the CFAA, and violation of the ECPA. Defendants simultaneously filed a Motion for Partial Summary Judgment as to their claims against Plaintiff for breach of contract and breach of the duty of loyalty. A II(A)). Rule 56(c) requires summary judgment for the moving party when the evidence, viewed in the light most favorable to the nonmoving party, shows that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Los Angeles . Live from London, tracking the breaking and top business news stories in the lead-up to the opening of European markets. Our basketball division has negotiated some of the largest contracts in the history of team sports. Plaintiff alleges that by virtue of the aforementioned claims, Defendants have engaged in unlawful business acts or practices in violation of California's UCL. This kind of harm is conspicuously absent from the instant case. 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. When certified National Basketball Players Association (NBPA) player-agent Aaron Mintz resigned from Priority Sports & Entertainment, signed an employment agreement with rival Creative Artists Agency (CAA), and subsequently filed a Complaint against Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, I figured this was only beginning of a series of battles between . (Counterclaim 84); (Opp. Chicago. California base as a point of contact for his many baseball talent contacts in the Latin American countries. Select the first team from the drop down menu. at 25 n. 3). The balance therefore weighs decisively in favor of Plaintiff. 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. 10). A nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. In. See Celotex Corp. v. Catrett, 477 U.S. 317, 32324, 106 S.Ct. Mark Bartelstein is a agent, and works at Priority Sports & Entertainment. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. I, Ex. 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. Kress & Co., 398 U.S. 144, 15960, 90 S.Ct. 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. Given the foregoing, the Court concludes that because Plaintiff and Defendants' positions are not in fact opposed, there is no actual controversy over the effect of the notice provision. Analysis of the popular Formula One Nexflix series "Drive to Survive" Season Five on an episode-by-episode basis. 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. 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. 56). Priority Sport's Fourth Counterclaim is for misappropriation of trade secrets in violation of California's Uniform Trade Secrets Act (CUTSA), Cal. at 21). 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 light of the foregoing undisputed facts, the Court concludes that Defendants violated California Penal Code 502. (DUF 11). Priority is now one of the premier NBA and NFL athlete representation agencies, and Bartelstein has negotiated. Accordingly, the Court DENIES Plaintiff's Motion for Summary Judgment on the UCL claim. at 16). 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. Finally, Priority Sports alleges that it was damaged by Counterdefendants' unlawful, unfair, or fraudulent business practices. (Counterclaim 139). In response, Plaintiff argues that notwithstanding its proffer, Defendants have refused some requests to stipulate to an order declaring that it will not enforce the non-compete clause. Third, Defendants contend that because Plaintiff disclosed to CAA the terms of his employment agreement with Priority Sports, he must not, as a general matter, treat any of his employment agreements as confidential. [9] In Kimberlite, for instance, an individual hacked into a corporation's computer network and email system. (Dkt. This lack of diligence is reason enough to disregard these allegations. Transp. Priority Sports next alleges that Plaintiff breached his duty of loyalty to Priority Sports. The cited evidence, however, states to the contrary that Priority Sports and Mr. Mintz dispute ownership of the Blackberry he used while employed by Priority Sports. (Horn Decl. ; (3) violation of the California Data Access and Fraud Act (CDAFA), Cal.Penal Code 502; (4) defamation; (5) invasion of privacy; (6) interference with prospective economic relations; and (7) violation of the California Unfair Business Practices Act (UCL), Cal. (Compl. Our basketball division has negotiated some of the largest contracts in the history of team sports. Diamond Sports Group's inability to pay $140 million interest payment has Major League Baseball exploring streaming innovations. MORE> View contacts. The class of 2020 is unlike any other. (Dkt. & Loan Ass'n v. Super. First, a loss is defined as any reasonable cost to any victim. 18 U.S.C. (Mintz. To state the obvious, section 2701 proscribes unauthorized access to data in storage, whereas section 2511 prohibits unauthorized access to data in transmission. The company's filing status is listed as Active/Compliance and its File Number is 22177262. The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in [its] favor. Anderson, 477 U.S. at 255, 106 S.Ct. Mark Bartelstein & Associates Inc was founded in 1985. [9], The company has represented more than 24 first round NBA Draft picks. [3] In 2014, Priority was recognized as #7 among the World's Most Valuable Sports Agencies by Forbes, with $560 million in contract value under management. Ct., 190 Cal.App.3d 342, 235 Cal.Rptr. Our football division has negotiated some of the largest contracts in the history of team sports. Confirm that your trade proposal is valid according to the NBA collective bargaining agreement. Accordingly, the Court GRANTS Plaintiff summary judgment on the 502 claim. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. See Celotex, 477 U.S. at 324, 106 S.Ct. The reasons for their failure may have been inherent to the whole project. This conclusion is bolstered by the Court's grant of summary judgment for CAA on the misappropriation counterclaim. ( Id. 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. II 4755). II 3437). Even if Plaintiff has suffered some injury, he has failed to carry his initial burden to show that he lost any money or property as a result of violations of other laws. Numerous courts have held that a plaintiff's personal information does not constitute money or property under the UCL. In re iPhone Application Litig., No. Plaintiff further alleges that Bartelstein subsequently defamed him in front of various NBA team executives and players to persuade them not to follow Plaintiff to CAA. As an initial matter, the Court recognizes that this case is similar to SuccessFactors insofar as the offender here also accessed protected information, namely the employment contract with CAA. Absent a showing pursuant to Rule 56(d), the Court denies Priority Sports' request for a continuance. No one prepares their clients better for the NBA Draft, or takes better care of them once the draft has come and gone. "We had very positive talks," Bartelstein told Johnson. Stepping into the role of CIO in a company thats never had the position before requires both extensive tech understanding and managerial experience. The CUTSA defines a trade secret as: [I]nformation, including a formula, pattern, compilation, program, device, method, technique or process that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. He talked to their teams, getting their permission for players to leave, and. Info: The Goldman . Second, Priority Sports concedes the absence of evidence showing that Priority Sports was damaged by the email forwarding. at 21:1315 (citing AMF 38)). (Opp. In response, Priority Sports proffers that it will prove at trial that Plaintiff made these statements. Kenny Zuckerman Priority Sports Staff 2022-09-22T16:03:00-05:00. 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. Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. Instead, Ames deliberately accessed Plaintiff's Gmail account without permission, opened several emails, and even read their contents, including the CAA agreement. The Court therefore proceeds to address whether Priority Sports has raised any triable issues as to the remaining grounds for breach of contract. Want to contact Mark Bartelstein? 7). These are distinct claims. Duality underpins practically everything about the brief existence of the KD, Harden and Kyrie Nets. Biden said he believes his plan to forgive millions of borrowers student loans is on the right side of the law, a day after the courts conservative majority seemed highly skeptical of the Bidens Administrations argument for the debt relief program. (Dkt. 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. 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. Mark Bartelstein . View Mark Bartelstein results including current phone number, address, relatives, background check report, and property record with Whitepages. Branch of MARK BARTELSTEIN & ASSOCIATES, INC. (Illinois (US)) Business Classification Text SPORTS AGENCY Inactive Directors / Officers. The Court concludes, however, that this is insufficient to satisfy the statutory threshold, for two reasons. Mark Bartelstein Priority Sports Staff 2022-09-22T16:51:47-05:00. See El Dorado Sav. Disclose Confidential Business Information to persons not affiliated with the Company, including, without limitation, Company Competitors, without the Company's prior written consent; or. Kevin Durant, Kyrie Irving, Karl-Anthony Towns, Kawhi Leonard, Anthony Davis and Brandon Ingram will play outsized roles in how their respective teams close the season. Likewise, a scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact. (Bartelstein Decl. To prevail on this claim, Plaintiff must establish (1) a legally protected privacy interest, (2) a reasonable expectation of privacy under the circumstances, and (3) a serious invasion of the privacy interest. Int'l Fed'n Prof'l & Technical Eng'rs, Local 21, AFLCIO v. Super. Inc. v. L.A. Cellular Tel. It is undisputed that after the hacking incident, Plaintiff spent some time restoring his Gmail password and investigating who had hacked the Gmail account. Thus, the second complaint advances the following causes of action: (1) violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. Following a four-year career that began as a walk-on at . Lookup the home address and phone 3126647700 and other contact details for this person. The company id for this entity is 15011237. (26-32) Preview Regular Season. [48] MOTION for Summary Judgment as to All Counterclaims or, alternatively, MOTION for Partial Summary Judgment as to declaratory relief; violation of the Computer Fraud and Abuse Act; violation of the Electronic Communications and Privacy Act; violation of California Penal Code 502; invasion of privacy; unfair business practices under state law; and all counterclaims filed by Plaintiff and Counterdefendants Creative Artists Agency LLC, Aaron L Mintz; [56] MOTION for Partial Summary Judgment filed by Defendants and Counterclaimants Mark Bartelstein and Associates Inc. Tools and Resources Used by Real General Managers. Opp. [7], Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. 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. 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