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. Priority Sports initially claimed that Plaintiff accessed its computers without permission and copied or deleted data in violation of California Penal Code 502(c)(1), (2), (3), (6), (7). at 2324). Rather, they challenge whether Plaintiff has presented evidence worthy of a directed verdict that he sustained a loss in excess of $5,000. 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 - Faced with the foregoing, no reasonable jury could find that the invasion was not an egregious breach of social norms. 2505. These are distinct claims. The Priority Sports team creates opportunities for our athletes on and off the field, and in life beyond football. ( Id. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. Based on the foregoing, a reasonable jury could only find that Plaintiff had an expectation of privacy in this personal email account. Mark Bartelstein Contact Information. [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. It is undisputed that after the hacking incident, Plaintiff spent some time restoring his Gmail password and investigating who had hacked the Gmail account. (Opp. (Dkt. The deal includes . Our clients have secured some of the best contracts in the international basketball world. 1030(e)(11) (emphasis added). starting lineup: Dumars, Horford and Hardaway, with an agent (Bartelstein) thrown in for good measure. In SuccessFactors, Inc. v. Softscape, Inc., 544 F.Supp.2d 975 (N.D.Cal.2008), one of the plaintiff's competitors hacked into a password-protected area of the plaintiff's website and took several screenshots. I believe that what is missing is education and training to allow employers to become trauma-informed workplaces. Golf's Greatest Holes: Golfing legend Paul McGinley takes television presenter Chris Hollins on a tour of the best golf courses in Ireland and Northern Ireland. In short, the only causes of action that remain to be tried are Plaintiff's claims for defamation, interference with prospective economic relations, and violation of the UCL. [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. 1, 791 P.2d 587, 58990 (1990). 13). While Mark Ruffalo's personal phone number is not public information, you can reach him by phone through his representatives by calling Arcieri & Associates at +1 212 286 1700. In both Kimberlite and Multiven, the expenses were oriented toward investigating the extent of the harm and repairing the harm. Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. Plaintiff seeks a declaratory judgment invalidating two provisions in his employment contract with Priority Sports: (1) the two-year non-compete clause; and (2) the requirement for fourteen days' written notice of termination. Select the third team from the drop down menu. 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 . 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. To be sure, courts in the Ninth Circuit have recognized the general principle that [c]osts associated with investigating intrusions into a computer network and taking subsequent remedial measures are losses within the meaning of the state. Kimberlite Corp. v. Does, No. It defies common sense to believe that Plaintiff's subsequent legal efforts to confirm Priority Sports' involvement were essential to remedying the harm of the unauthorized access. All Rights Reserved. In other words, investigating the perpetrator's identity was only justified to the extent that it was necessary to remedy the harm. 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. For an email to be intercepted in violation of the foregoing provisions, it must be acquired during transmission, not while it is in electronic storage. Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 878 & n. 6 (9th Cir.2002). Second, Defendants argue, without citing specific evidence, that Plaintiff's girlfriend, Jenna Manos, had access to Plaintiff's Gmail account. finding declaratory judgment claim was moot because defendants had not attempted, in the litigation or any other litigation, to enforce the non-compete clause. It is undisputed that Ames viewed a copy of Plaintiff's employment agreement with CAA. Plaintiff argues, inter alia, that Priority Sports has failed to offer evidence of any specific instance of misappropriation. Walker v. Countrywide Home Loans, Inc., 98 Cal.App.4th 1158, 1169, 121 Cal.Rptr.2d 79 (2002). Priority Sports team of basketball agents possesses a collective breadth of experience and track record of success within the industry that is unmatched by any other agency. As a full-service agency, we pride ourselves on the strength of our marketing department. 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. of San Francisco, 441 F.3d 1090, 1100 (9th Cir.2006). New York, NY 10021. 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. The Chicago native was recruited by Tellem to be his assistant when he joined the organization. View Mark Bartelstein results including current phone number, address, relatives, background check report, and property record with Whitepages. This bare allegation fails to raise a triable issue for several reasons. Id. He only averred, however, that Plaintiff failed to inform him of communications or contacts with Scott, Ross, and Sacre prior to Plaintiff's resignation. The principals are Mark Bartelstein from Highland Park IL and Rick Smith from Chicago IL. 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. Keep raising your voices. Priority Sports responds in its papers by raising various new theories of liability not raised in the Counterclaim, but these may not be deployed at the last minute to avoid summary judgment. Plaintiff asserts that Priority Sports' unauthorized access to his Gmail account violated his right to privacy under the California Constitution. V(B)). The next day, Plaintiff's colleague, Kevin Zuckerman, emailed Plaintiff the following message: I'm in shock! Michael Harvey-Bray Contact Information. The firm has established itself as an industry leader by developing core values of integrity, hard work, and a steadfast . Opp. II 3437). 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. Transp. The company's line of business includes providing full service legal advice. at *2. "We had very positive talks," Bartelstein told Johnson. Plaintiff's Gmail account was password protected at all times, and he has never authorized any Priority Sports employees to access it. In ways big and small, global and local, young people are making their mark on the world and driving lasting change in their communities. All content 2000-2023 RealGM, L.L.C. I don't get it[.] Accordingly, the Court proceeds to summary judgment. A dispute is genuine only if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. (DUF 23); (Mintz Decl. 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. This mere conclusion is insufficient to raise a triable issue of fact. (Counterclaim 100101). California base as a point of contact for his many baseball talent contacts in the Latin American countries. Michael Meisel Contact Information. [5], Priority Sports & Entertainment, fueled by its heavily sought-after client Gordon Hayward, was the big winner in 2017's NBA free agency, leading all agencies in the total dollars negotiated so far.[when?] (Bartelstein Decl. & Loan Ass'n v. Super. . Tabitha Brinkerhoff Priority Sports Staff 2022-09-26T17:20:19-05:00. 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. Lowry signed a three-year deal worth up to $100MM in 2017. Plaintiff asserts that the cell phone belongs to him, and that he has turned over to Priority Sports any telephone numbers and text messages on the device. The Court has already determined that no jury could find that (1) Plaintiff breached the employment contract, the implied covenant, or his duty of loyalty; or that (2) Plaintiff or CAA misappropriated any of Priority Sports' trade secrets; or that (3) CAA intentionally interfered with Priority Sports' contractual relations with Plaintiff. the Gmail account) without Plaintiff's permission. 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. Priority Sports has since conceded, however, that Plaintiff has returned the laptop and the boxes of documents. at 25 n. 3). 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. Lookup the home address and phone 3098680309 and other contact details for this person A). Cal. 19); (Ketroser Decl. "The Orlando Magic are converting F Admiral Schofield's two-way contract to a standard NBA deal through the 2023-2024 season, his agents Mark Bartelstein and George Roussakis of @PrioritySports tell ESPN." Priority Sports argues that Plaintiff concedes to using Priority Sports' client lists to contact unidentified players via Skype on behalf of CAA. USA. Doctor Address. LESSONS FOR A CAREER IN THE BUSINESS OF SPORTS: #1 RELATIONSHIPS In my upcoming book, Managing Giants, 7 Keys To Enabling Greatness, I examine those traits and characteristics necessary to maximize your potential and the potential of others. Regrettably, despite some recent progress, many top stadia are yet to offer sensory rooms to fans. Moreover, none of Bartelstein's statements mention any misappropriation by Plaintiff or CAA. At the hearing before the Court held on October 29, 2012, defense counsel reassured the Court that Defendants had no intention of seeking to enforce the non-compete clause now or in the future. 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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. Apple TV+ could be making a bid to live stream Pac-12 sports replacing ESPN & Fox. Mike Greek . For example, Plaintiff concedes that there is evidence that, at some point before or after his resignation, he solicited the personal agent of NBA player Taj Gibson. 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. 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. 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.). That evening, Plaintiff spoke on the telephone with Bartelstein and informed him of his resignation. This lack of diligence is reason enough to disregard these allegations. (Mintz Decl. Defendants cite no specific evidence that Manos had always had access to the Gmail account. Music Agents. 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. In the present case, only one of these avenues is relevant: Plaintiff must show that his case involves loss to 1 or more persons during any 1year period aggregating at least $5,000 in value. 18 U.S.C. Cf. 10). And negotiating the NBA contract that made John "Hot Rod" Williams the highest-paid player in the history of team sports. Contact Name Mark Bartelstein; Contact Info Email Direct ; Job Title Founder & Chief Executive Officer ; Location . Accordingly, the Court is not persuaded by this non-controlling authority. [Stein] Dennis Schroder has agreed to a one-year deal to return to the Lakers, @PrioritySports CEO Mark Bartelstein tells @TheSteinLine. 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. Because Priority Sports has failed to discharge its burden under Rule 56, the Court GRANTS Plaintiff and CAA summary judgment on the misappropriation counterclaim. 1030(e)(11) (emphasis added). Los Angeles . A justifiable inference is not necessarily the most likely inference or the most persuasive inference. However, the law does more than just borrow. Because Business and Professions Code section 17200 is written in the disjunctive, it establishes three varieties of unfair competitionacts or practices which are unlawful, or unfair, or fraudulent. Bartelstein, a resident of Royal Oak, has made a serious impact on the Pistons organization since joining the team nearly five years ago. Plaintiff alleges that Priority Sports' unauthorized entry into his Gmail account violated California Penal Code 502. . Priority Sports claims ownership on the ground that Mintz recently admitted in deposition that he still has possession of his company Blackberry and that he is not willing to return it to Priority Sports. (Opp. According to the reports, Constance is in a relationship with her boyfriend named Mark Gordon. To establish this claim, Priority Sports must demonstrate: (1) the existence of a relationship giving rise to a duty of loyalty; (2) one or more breaches of that duty; and (3) damage proximately caused by that breach. Huong Que, Inc. v. Luu, 150 Cal.App.4th 400, 58 Cal.Rptr.3d 527, 535 (Ct.App.2007). Insurtechs will need to demonstrate their longevity in the market by prioritizing technology and profitability and continuing to deliver value to customers. (Mintz Decl. On March 23, 2012, Plaintiff Aaron Mintz (Plaintiff) filed the instant action against his erstwhile employer, Priority Sports, seeking a declaration under the Declaratory Judgment Act, 28 U.S.C. You had a 50year guaranteed deal here. (DUF 15). In addition, Plaintiff allegedly made various statements to certain NBA players or their associates, conveying that: (1) there would be a mass exodus of players from Priority Sports; (2) Priority Sports was going to fall apart because of Plaintiff's departure; (3) Bartelstein was just a figurehead and Plaintiff did all the work; (4) Bartelstein did not have certain players best interests in mind; (5) Bartelstein favored other players over the percipient players. 7). Josh Bartelstein found life after college basketball. 2548, 91 L.Ed.2d 265 (1986). (Mintz. Court:United States District Court, C.D. Plaintiff cannot conjure an actual controversy by distorting Defendants' position on the notice provision. In its counterclaim, Priority Sports alleges that Plaintiff breached his employment contract by, inter alia, (1) working for CAA prior to his resignation; (2) soliciting players on CAA's behalf prior to his resignation; (3) misappropriating Priority Sports' trade secret and confidential information and sharing it with CAA before and after his resignation; (4) failing to provide fourteen days' written notice; and (5) failing to return company property, i.e. The Court GRANTS Plaintiff summary judgment as to the conversion claim. Here, Priority Sports' employee, Ames, admitted in his deposition that (1) he purposely obtained a temporary password to Plaintiff's Gmail account without permission, (2) he opened two to three emails that had been forwarded from Plaintiff's Priority Sports email account; (3) he opened an additional three to four personal emails that had not come from Plaintiff's business account; (4) that one of these personal emails related to Plaintiff's employment agreement with CAA; and (5) he then viewed the CAA employment agreement itself. 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). 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. Here, Defendants claim there is no extant controversy with respect to the non-compete clause because Priority Sports has made clear to Mintz and CAA that it would not attempt to enforce the two-year non-compete provision at issue. (Def. Absent a showing pursuant to Rule 56(d), the Court denies Priority Sports' request for a continuance. (Horn Decl. [9], The company has represented more than 24 first round NBA Draft picks. II 1). If the moving party meets its initial burden, the nonmoving party must identify specific facts, drawn from the materials on file, that show that an issue is genuinely disputed. This conduct was illegal under California law. Menu. Home Loan Mortg. Accordingly, Priority Sports requests a continuance pursuant to Rule 56(d)(2). Instead, Ames deliberately accessed Plaintiff's Gmail account without permission, opened several emails, and even read their contents, including the CAA agreement. This argument is frivolous. 2201, the district court must first inquire whether there is an actual case or controversy within its jurisdiction. . The GM had turned down several trade offers for the Revere High product in the past. No one prepares their clients better for the NFL Draft, or takes better care of them once the draft has come and gone. 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. Toronto Raptors point guard Kyle Lowry will be a free agent after the 2019-20 season, and he'll have a new agency representing him during that process. Rather, Plaintiff challenges Priority Sports' supposed position that Plaintiff remained employed for fourteen days after his resignation, and thus was barred from competing with Priority Sports during that time. Recruit Company employees on behalf of a Company Competitor; 3. See Coleman, 232 F.3d at 1294. Finally, Priority Sports alleges that it was damaged by Counterdefendants' unlawful, unfair, or fraudulent business practices. (Counterclaim 139). Select the second team from the drop down menu. Rasmussen & Assoc., Inc. v. Kalitta Flying Services, Inc., 958 F.2d 896, 906 (9th Cir.1992). In early March 2012, CAA offered Plaintiff a job. The Dicks Sporting Goods acquisition of Moosejaw from Walmart was announced this past week. Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. Find company research competitor information contact details financial data for Mark Bartelstein Associates Inc of Sherman Oaks CA. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. Following a four-year career that began as a walk-on at . Disclose Confidential Business Information to anyone, including, without limitation, Company Competitors not affiliated with the Company, without the Company's prior written consent. INTERNATIONAL Our clients have secured some of the best contracts in the international basketball world. ( Id. 27 pick Larry Nance Jr. and No. In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. 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]. Thus, the only question is whether Plaintiff's failure to return the cell phone constitutes conversion. 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. We provide email, phone, address, along with clients info for thousands of entertainment professionals. Priority Sports alleges that (1) CAA interfered with Priority Sports' business relationship with Plaintiff; and (2) Plaintiff and CAA interfered with Priority Sports' business relationships with NBA players. 2511(1)(a), intentionally disclosing an electronic communication they knew was obtained through an interception, 2511(1)(c), and intentionally using the contents of an electronic communication they knew was obtained through an interception, 2511(1)(d). To customers Mark Bartelstein from Highland Park IL and Rick Smith from mark bartelstein contact info. 791 P.2d 587, 58990 ( 1990 ) to demonstrate their longevity in the Latin countries. By distorting defendants ' position on the strength of our marketing department, 906 ( 9th Cir.1992 ) 's was... Off handsomely 1121 ( 2011 ) 79 ( 2002 ) 's Gmail account justifiable inference is not necessarily most. Manos had always had access to his Gmail account violated California Penal 502.... 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