Phoenix CIII: Sue Me, Sue You Blues

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Llama19

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Jan 19, 2013
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Transferred from the previous thread, as I raised this question back then and don't recall receiving a response.

With Beasley gone for almost a year to the day these RFP's were presented, would it have taken a majority vote by Council to suppress the RFP results (ultimately released anyway through "prodding") or could Staff simply have done so without Council vote? The length of this rabbit hole is infinite, to me anyway.

Forgot to add that, interestingly enough, it was Dan Barr who publicly stated his socks were in a wad over the "lack of transparency" over the withholding of the RFP's from public consumption.

Renaissance Sports & Entertainment Proposal & GF Impacts June 25, 2013
Source: http://www.glendaleaz.com/Clerk/agendasandminutes/documents/062813CoyotesandArenaMgt.pdf

Tentative Timeline for Arena Management RFP Process
Source: http://www.glendaleaz.com/purchasing/documents/RFPTentativeTimeline052413.pdf

Of note from tentative timeline:

6.) June 19th-21st – A proposed Venue Manager Candidate will be determined by City Staff and Beacon Sports for formal presentation and approval by Glendale’s City Council. Candidate will be notified and is to work with City Staff and Beacon Sports to conclude a formal Venue Management Agreement for Jobing.com Arena.

7.) Tentative - Tuesday, June 25th–Staff recommends a venue manager along with agreement terms and conditions for approval to Glendale’s City Council during a City Council meeting.
 
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Acesolid

The Illusive Bettman
Sep 21, 2010
2,538
323
Québec
Judge puts Coyotes arena contract cancellation on hold

To quote:

"Attorney Cindy Ricketts, who helped represent the city during the hearing, asked for more time, because Glendale City Council would be in recess during July, with many members on vacation.

[Judge Dawn] Bergin agreed there was no need to rush the proceedings. She wanted to make sure each side had sufficient time to gather information to answer the claims of the other side."

Source: http://www.glendalestar.com/news/article_6310bbc4-151a-11e5-8981-2fb1fb744ccc.html

Yeah, that's.... less then good for the Coyotes.

If it takes until August to get to really start the proceeding, and then there's a validation of Glendale cancelling the arena contract after the court proceedings (in, say, September or October)... the team will well and truly be (as Bender B. Rodriguez would say) boned. With no time to move elsewhere. And no option but to agree to everything Glendale wants, or simply not play!
 

Whileee

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May 29, 2010
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From the inimitable Joyce Clark (March 2014)....

http://joyceclarkunfiltered.com/connections/

I do remember a conversation had with Tindall during the period of the Jamison bid for the arena management contract and his assertion that he was talking to other “serious” bidders ready to come forward if the Jamison bid failed. Was Anthony LeBlanc, of IceArizona, one of those “serious” bidders? How much information about the Jamison bid was shared with these “serious” bidders? Skeete alleged to me, and presumably other councilmembers, that Tindall appeared to be holding up negotiations as the Jamison contracts sat on his desk for inordinately long periods of time. When Skeete was queried as to his awareness of the most recent Jamison contract amendments, his response was that Tindall still had them and he had not seen them. Were these actions by Tindall more payback to Skeete or even worse, was it an attempt to railroad the Jamison bid in favor of these other “serious” bidders? I don’t know and don’t know if we will ever find out. All we know is that there are connections – between Tindall and Rivera; Tindall and Skeete; and Tindall and “serious” bidders for the arena management contract. What part these connections played in the outcomes is yet to be discovered.
 

CasualFan

Tortious Beadicus
Nov 27, 2009
3,215
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Judge puts Coyotes arena contract cancellation on hold

Gee, that's strange. The case had the Coyotes litigators laughing. The city's positions are weak, at best. And it's amazing that Mr. Bailey passed the Bar. But when the Coyotes asked the court for a $15k-$20k deposit and all hearings completed by July 1, what did they get? They got a $250k bond and a hearing schedule of July 31 and August. Did the court laugh with them or at them?

Major4Boarding said:
With Beasley gone for almost a year to the day these RFP's were presented, would it have taken a majority vote by Council to suppress the RFP results (ultimately released anyway through "prodding") or could Staff simply have done so with Council vote? The length of this rabbit hole is infinite, to me anyway.

How and who provided direction is such a great question. I dont have access to any of those details but I bet the city has a pretty good idea though.
 

cbcwpg

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May 18, 2010
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Judge puts Coyotes arena contract cancellation on hold

To quote:

"Attorney Cindy Ricketts, who helped represent the city during the hearing, asked for more time, because Glendale City Council would be in recess during July, with many members on vacation.

[Judge Dawn] Bergin agreed there was no need to rush the proceedings. She wanted to make sure each side had sufficient time to gather information to answer the claims of the other side."

Source: http://www.glendalestar.com/news/article_6310bbc4-151a-11e5-8981-2fb1fb744ccc.html

Well, that makes sense with the dates that were posted on the courts website.

I wonder what Mr. Bettman thinks of the new dates.
 

Major4Boarding

Unfamiliar Moderator
Jan 30, 2009
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How and who provided direction is such a great question. I dont have access to any of those details but I bet the city has a pretty good idea though.

I cleared some bandwidth (sent the Mrs and kids shopping) so I went digging into the Cactus Archives

Would this be a start?

The Republic submitted a public-records request on Wednesday for copies of all materials presented during the meeting, but acting City Attorney Nicholas DiPiazza denied the request, saying in an e-mail: “Disclosure of the records demanded at this time would compromise the (request for proposal) process. Although we respect the media’s need to know, we must balance it with: A) the city’s need for confidentiality during a process where it is developing contract terms, and conditions and a negotiating position; and B) the need for confidentiality to ensure a fair and equitable RFP process.â€

DiPiazza refused to disclose the full nature of the documents reviewed in the closed-door session or whether they all pertained to the bid process.

The mere fact that documents were presented in executive session is not enough to withhold them from public disclosure, said media attorney Dan Barr of Phoenix law firm Perkins Coie.

“It’s the city of Glendale’s burden to specifically identify what documents they are withholding and why they are withholding them,†Barr said.

By comparison, the council in February met in open session with the president of an executive-search firm to discuss the firm’s strategy and timeline to attract a new city manager.

DiPiazza said there was a significant difference between the two presentations. One was a “more conceptual discussion of the search for a city manager and the qualities you are looking for, issues, etc.â€

The arena discussion was “terms and conditions of a contract that ultimately will be had with an arena manager,†he said, noting that discussing that publicly could put the city at a disadvantage in negotiations.

Mayor Jerry Weiers said that representatives from several potential Coyotes investment groups have met with him in recent weeks but that none has been prepared for serious discussions concerning the arena.

http://archive.azcentral.com/commun...le-pursuing-jobing-arena-management-deal.html
 

OthmarAmmann

Omnishambles
Jul 7, 2010
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We'll have to wait and see, but my understanding is that Glendale has yet to formally give notice of lease termination to the team.

Are they dragging their collective feet in hopes of scaring the Coyotes to the bargaining table..... only to have their bluff called and be forced to drop this?

It's funny to see you accuse others of speculation then turn around and do it yourself.

It's even funnier to see you speculate about things that are known! They haven't given notice because there's an injunction in place...

images
 

Llama19

Registered User
Jan 19, 2013
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This was posted on June 11, 2015 in the GlendaleStar...coincidence?

Things to consider when filing a lawsuit

To quote:

"I have had many litigants say, “My attorney said I had a good case. Why did I lose?â€

I will ask them, “Would you have hired your attorney if he told you the truth and said you had a very weak case?â€"

Source: http://www.glendalestar.com/opinion/article_797d5f2a-0eda-11e5-b7f3-070493b69e75.html
 

Glacial

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Jan 8, 2013
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This delay won't affect the 6/29 hearing, correct? Just the dates that followed? Or did this one just get postponed? And does it mean Glendale has to pay the 7/1/15 portion of the AMF or do they not have to pay it given this?

Question if this delay is true, wouldn't that force the NHL's hand to avoid the situation of having the contractual rug pulled out from under them and needing a midseason or incredibly hasty preseason/offseason relocation?

If Glendale is being sly with their claim of city officials being on vacation and wanting a postponement to make the Coyotes/NHL look bad ('they dropped their case and relocated instead of airing their case before a court of law because they were afraid the facts might get out'), then it seems like they might be outmaneuvering the NHL in the court of public opinion at least in terms of how this all might look in the rear view mirror.
 

Llama19

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Major4Boarding

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Jan 30, 2009
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Also, for those interested (from the Am Law article)

That's where Fennemore Craig enters the fray. Tindall resigned as city attorney in late February 2013 and received severance from the city for the following six months. In July, Tindall became of counsel in the Phoenix office of the Am Law 200 firm, but left a month later to become the Coyotes’ legal chief. (As previously noted by The Am Law Daily, Fennemore Craig provided transactional support to Glendale during a lengthy sales process for the Coyotes, while the city received litigation counsel from Mariscal, Weeks, McIntyre & Friedlander, a local firm absorbed by Dickinson Wright in 2013.)

Frisoni adds that she’s retained the services of an attorney friend—whom she declined to name—for a potential defamation claim against the city.

Cynthia Ricketts, who started DLA Piper’s Phoenix office in 2007 before co-founding Sacks, Ricketts & Case in 2013, has been retained as outside counsel to Glendale for its fight with the Coyotes.

http://www.americanlawyer.com/id=12...na-for-Former-Class-Action-King#ixzz3dLWSSsJF
 

kihekah19*

Registered User
Oct 25, 2010
6,016
2
Phoenix, Arizona
It's funny to see you accuse others of speculation then turn around and do it yourself.

It's even funnier to see you speculate about things that are known! They haven't given notice because there's an injunction in place...

images


It's not an accusation, it's what is done here.

you've got me on the injunction.... I'll keep the cap warm for y'all! :laugh:
 

Tom ServoMST3K

In search of a Steinbach Hero
Nov 2, 2010
27,814
18,619
What's your excuse?
So until the 29th, we won't know.

PLEASE PLEASE PLEASE let this get to discovery.

I have never wanted anything more in sports.

How the hell does Frisoni expect to get deformation?

"THEY CLAIMED I HELPED THEM DRAFT A LEASE! THAT IS SUCH A DAMAGING STATEMENT!"

Also the team is in a bad cap spot, right? They need some good GM'ing to reach the Floor, Right? (Or is this the wrong place to talk about that?)
 
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cbcwpg

Registered User
May 18, 2010
20,271
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So until the 29th, we won't know.

PLEASE PLEASE PLEASE let this get to discovery.

I have never wanted anything more in sports.

How the hell does Frisoni expect to get deformation?

"THEY CLAIMED I HELPED THEM DRAFT A LEASE! THAT IS SUCH A DAMAGING STATEMENT!"

Was a little unclear on "discovery" myself and what's involved and how it works, what can be asked for etc. so I included this link:

http://www.allbusiness.com/how-to-conduct-discovery-for-your-court-case-4136-1.html

Found this interesting though... The goal of discovery is to avoid surprises and for all parties to go to trial with as much information as possible. Not surprisingly, many cases will settle during the discovery phase as a result of what is discovered and what would be unwise to disclose in discovery.
 

Look Up

Don't be a scan tool
Oct 3, 2013
1,319
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One thing that has yet to be discussed is the legal costs IA is incurring battling COG.

To our lawyer posters, any guesses as to how much this recent ordeal has cost IA so far?

I have to wonder how IA will pay their legal bill now that COG has cut off the AMF.
 

Evil Doctor

Cryin' Hank crying
Apr 29, 2009
2,400
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Cambridge, ON
We'll have to wait and see, but my understanding is that Glendale has yet to formally give notice of lease termination to the team.

You do realize that they have a TEMPORARY RESTRAINING ORDER against them preventing them from doing just that.

<---What my avatar is doing....
 

Yukon Joe

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Aug 3, 2011
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YWG -> YXY -> YEG
Im not a Lawyer but yes, those dates in July & early August are set for Disclosure
so they will be used if this all proceeds past the 29th of June as looks very likely.

I'm a lawyer, but not licensed in Arizona.

Disclosure / discovery doesn't take place in an open courtroom. So while I'm not sure what those dates are for, discovery isn't it.
 

Evil Doctor

Cryin' Hank crying
Apr 29, 2009
2,400
6
Cambridge, ON
Gee, that's strange. The case had the Coyotes litigators laughing. The city's positions are weak, at best. And it's amazing that Mr. Bailey passed the Bar. But when the Coyotes asked the court for a $15k-$20k deposit and all hearings completed by July 1, what did they get? They got a $250k bond and a hearing schedule of July 31 and August. Did the court laugh with them or at them?

I'm glad I wasn't the only one that caught the subtext of all that...:laugh:

Edit: While I was off doing something else, a question occurred to me: How much pull does IceArizona have as the plaintiff in speeding proceedings up? I would think that the defendants under normal circumstances would be the ones that normally control the pace because usually it would be in their best interests to get this completed in as a timely fashion as possible. If the defendants require more time, for what ever reason, I would think the judge would more likely grant it to them.

Or am I really off base, and it would be likely be granted to either side that needed it?
 
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Yukon Joe

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Aug 3, 2011
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So until the 29th, we won't know.

PLEASE PLEASE PLEASE let this get to discovery.

I have never wanted anything more in sports.

How the hell does Frisoni expect to get deformation?

"THEY CLAIMED I HELPED THEM DRAFT A LEASE! THAT IS SUCH A DAMAGING STATEMENT!"

Also the team is in a bad cap spot, right? They need some good GM'ing to reach the Floor, Right? (Or is this the wrong place to talk about that?)

Well the claim is that Frisoni acted in a conflict of interest, which is not exactly complementary.

What is more troublesome is if Arizona has any form of Parliamentary Privilege for city councils. Here in Canada at least you can not sue a politician for defamation for anything said in parliament.
 

JimAnchower

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Dec 8, 2012
1,460
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One thing that has yet to be discussed is the legal costs IA is incurring battling COG.

To our lawyer posters, any guesses as to how much this recent ordeal has cost IA so far?

I have to wonder how IA will pay their legal bill now that COG has cut off the AMF.

Their lawyers just become minority shareholders in the team. :sarcasm:
 

NickWIHockey

Registered User
Jan 3, 2013
316
22
Port Washington, WI
Well the claim is that Frisoni acted in a conflict of interest, which is not exactly complementary.

What is more troublesome is if Arizona has any form of Parliamentary Privilege for city councils. Here in Canada at least you can not sue a politician for defamation for anything said in parliament.

things are different in Us in regards to defamation. to defame someone in the states you have to say some thing that damages them significantly that is false, and that you know it to be false at the time. rather hard to prove.
 
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