Therefore, this does not create a triable issue as to whether Plaintiff had an expectation of privacy in the Gmail account. United States, Illinois, Chicago. Select the players you wish to trade from the rosters below. (Opp. The reasons for their failure may have been inherent to the whole project. Music Managers. If the undisputed material facts show no reasonable expectation of privacy or an insubstantial impact on privacy interests, the question of invasion may be adjudicated as a matter of law. Id. Apple TV+ could be making a bid to live stream Pac-12 sports replacing ESPN & Fox. Priority Sports blames its lack of evidence on CAA for its failure to produce certain NBA players for depositions. IV(D)). 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. This kind of harm is conspicuously absent from the instant case. Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. It is classified as operating in the Agents & Managers for Artists, Athletes, Entertainers & Other Public Figures industry. We create opportunities for our athletes on and off the field, and in life beyond football. 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. Recruit Company employees on behalf of a Company Competitor; 3. ( Id.). Adams faces social and monetary consequences after making racist comments online. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Affiliated Hospitals. In other words, the Motion does not seek summary judgment on the claims for defamation and the interference with prospective economic advantage. Tools and Resources Used by Real General Managers. For all the reasons above, these allegations are insufficient to create a triable issue. 20); (Ketroser Decl. Next month, this transatlantic pairing will go one step further when the restaurants executive chef, Elliott Grover will cook for The Oscars, alongside celebrity chef, Wolfgang Puck. 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. In early March 2012, CAA offered Plaintiff a job. 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. Music Agents. Thus, the Court GRANTS Plaintiff summary judgment on the breach of implied covenant counterclaim. Milwaukee. Priority led the pack with $354.6 million negotiated for nine players. 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. 19). Find company research competitor information contact details financial data for Mark Bartelstein Associates Inc of Sherman Oaks CA. Rather, they challenge whether Plaintiff has presented evidence worthy of a directed verdict that he sustained a loss in excess of $5,000. At that time, she was attending East 15 drama school in Essex. Mark Bartelstein - $37.44 million. Plaintiff may not now inject a new theory into the action at the summary judgment stage. 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. This case arises from the departure of a basketball sports agent from his old agency, Mark Bartelstein & Associates, Inc. d/b/a Priority Sports & Entertainment (Priority Sports), to join the Creative Arts Agency (CAA). Bartelstein, a resident of Royal Oak, has made a serious impact on the Pistons organization since joining the team nearly five years ago. 3). Home Loan Mortg. The Court therefore turns to whether Plaintiff has suffered a substantial invasion of his privacy. This contention lacks merit. (Mintz Decl. Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. (DUF 712). 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. Getting to the top of your profession is extremely difficult; staying there is even tougher. As a threshold matter, a party seeking further discovery under 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 & Fin. 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). To state the obvious, section 2701 proscribes unauthorized access to data in storage, whereas section 2511 prohibits unauthorized access to data in transmission. He talked to their teams, getting their permission for players to leave, and. 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. ( Id.). 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. Defendants cite no specific evidence that Manos had always had access to the Gmail account. shows. at 9). Tabitha Brinkerhoff Priority Sports Staff 2022-09-26T17:20:19-05:00. To make this assumption would constitute mere speculation. Mark Bartelstein, a former investment banker, founded Priority Sports in 1985. Inc. v. L.A. Cellular Tel. Second, Defendants argue, without citing specific evidence, that Plaintiff's girlfriend, Jenna Manos, had access to Plaintiff's Gmail account. It was only afterward that Ketroser contacted Plaintiff, who confirmed the salary figures. Priority Sports has failed to present any evidence that CAA committed any independently wrongful act to induce Plaintiff to breach or disrupt its at-will employment contract with Priority Sports. . 1030(a)(2). Encouraging clients to give back is an integral part of what we do. DENVER (AP) Sharpshooting forward Michael Porter Jr. has agreed to a five-year maximum extension with the Denver Nuggets that could be worth up to $207 million. Health Care Professionals ; 212,820+ Conferences 338,385 Monthly Visitors; 12,522 Organizers; 70,940+ Registrations Sold 56(c); Tarin v. County of Los Angeles, 123 F.3d 1259, 1263 (9th Cir.1997). They were a massive disappointment, yes, but also so transcendent for brief moments. 9). (Opp. 13). If all three of these elements are established, the plaintiff's privacy interest must be balanced against any countervailing interests of the defendant. Contact Us; Staff Opportunities; 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. Accordingly, there is no basis to conclude that Plaintiff has personally suffered a loss as a result of the offense. Mark Bartelstein, 61. Memorial Sloan Kettering Cancer Center New York, New York, NY, 10021. Specifically, Priority Sports admits that additional discovery is needed to determine whether and to what extent Mintz's unauthorized access to Priority Sports' computers caused damages' of the type that Section 502 was designed to protect. (Opp. 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. [9], The company has represented more than 24 first round NBA Draft picks. This year Priority represented No. Invasion of a privacy interest is not a violation of the state constitutional right to privacy if the invasion is justified by a competing interest. Id., 26 Cal.Rptr.2d 834, 865 P.2d at 65556. 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. 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. Accordingly, no jury could find that this harmed Priority Sports. Accordingly, Defendants' Motion for Partial Summary Judgment is DENIED as moot. 56). (Dkt. Id. Moreover, none of Bartelstein's statements mention any misappropriation by Plaintiff or CAA. Actionable invasions of privacy must be sufficiently serious in their nature, scope, and actual or potential impact to constitute an egregious breach of the social norms underlying the privacy right. Hill, 26 Cal.Rptr.2d 834, 865 P.2d at 655. Ames obtained a temporary password without Plaintiff's consent and accessed Plaintiff's Gmail account for at least twenty minutes. No one prepares their clients better for the NFL Draft, or takes better care of them once the draft has come and gone. com and [has] used it for personal matters. ( Id.). What is Mark Ruffalo's phone number? We are not making it all up in our heads, thinking well of Kris Dunn because we want to: he has real talents to bring, and a body that for the time being will allow him to use them. That evening, Plaintiff spoke on the telephone with Bartelstein and informed him of his resignation. (DUF 63). 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. 56(d). Plaintiff worked in Priority Sports' Los Angeles office for eleven years, from September 25, 2001 until March 23, 2012. Finally, Priority Sports fails to identify a single client that it lost as result of Plaintiff's failure to give notice. And . The news comes as no surprise with McGowens on the edge of head coach Steve Clifford's rotation while rapidly approaching . Contact Name Mark Bartelstein; Contact Info Email Direct ; Job Title Founder & Chief Executive Officer ; Location . Provide, or assist in providing, either directly or through a Company Competitor, services that are, or are similar to the services, provided by the Company to a Company Client. All content 2000-2023 RealGM, L.L.C. The Court recognizes, however, that Priority Sports also bases its duty of loyalty claim on other factual allegations not discussed above. 2023 Forbes Media LLC. Therefore, Defendants have failed to create a triable issue that the invasion was not serious. 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. 2701(a)(1); (Reply at 5). 2). Here, Plaintiff argues that the UCL claim fails because neither Plaintiff nor CAA violated an underlying, predicate law. 19). Only in limited circumstances have courts considered the cost of discovering the identity of the offender to be part of the loss under the statute. Steve Bartelstein is an American former television journalist.He was previously a news anchor in New York City, first at WABC-TV (1999-2007), a flagship station of the ABC television network, WCBS-TV (2007-2009), a flagship station of CBS and later in Chicago at WBBM-TV (2010-2011), a television station owned and operated by the television network CBS. 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. 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. Its request for a continuance did not identify the specific facts that further discovery would have revealed or explain why those facts would have precluded summary judgment. Tatum v. City and Cnty. Nygard, Inc. v. UusiKerttula, 159 Cal.App.4th 1027, 72 Cal.Rptr.3d 210, 224 (Ct.App.2008) (because defendant did not breach his employment contract, the court necessarily concluded that he did not breach the duty of loyalty). 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. The reality is there are only four real contenders. Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for 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. Moreover, Bartelstein's deposition testimony belies the contention that the lack of notice prevented Priority Sports from calling its clients. Select the second team from the drop down menu. (Ketroser Decl. At the hearing, Defendants responded that their refusal was not based on any desire to enforce the non-compete provision, but rather their concerns with the overbreadth of the stipulation. The deal includes . Opp. Plaintiff argues, inter alia, that Priority Sports has failed to offer evidence of any specific instance of misappropriation. Use Forbes logos and quotes in your marketing. at 13). Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. The Court therefore concludes that Plaintiff has not met its burden of demonstrating an actual controversy with sufficient immediacy and reality to warrant the issuance of a declaratory judgment. Active Sports, 2012 WL 2951924 at *2. A at 301:911). Keep going. Last Update 1 . 561) 1618). 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. (Counterclaim 100101). 303, 304305 (Ct.App.1987). [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. The posh The Mark Hotel in New York now offers the science-backed beauty treatments of Germany's famed Dr. Barbara Sturm. Taking off the jersey for the last time doesn't mean that basketball ends, though. Because the fact-finder may decide at trial that the defamation and intentional interference, if any, resulted in economic injury, it is possible that these claims would form the predicate acts of Plaintiff's UCL claim. We provide email, phone, address, along with clients info for thousands of entertainment professionals. 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. California base as a point of contact for his many baseball talent contacts in the Latin American countries. 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. Mark Bartelstein handles player salaries combining up to $251,405,798 which is the third-highest amongst any NBA agent. (DUF 710). Plaintiff contends that Defendants leaked his employment terms with CAA to a third party named Josh Ketroser. Mark Steinberg Contact Information. St. Uncontroverted Facts II (Dkt. Civ.Code 3426.1(b). Because Priority Sports has failed to discharge its burden under Rule 56, the Court GRANTS Plaintiff and CAA summary judgment on the misappropriation counterclaim. Decl. Markets never sleep, and neither does Bloomberg News. Michael Harvey-Bray Contact Information. Defendants do not dispute that Priority Sports violated the terms of either 1030(a)(2) or (4). Do Not Sell or Share My Personal Information; Contact Us; Transp. at *2. Defendants first claim that Plaintiff breached his employment by failing to give fourteen days' written notice of his resignation effective March 23, 2012. These claims fail as a matter of law because there was no interception in this case. 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. 15). About Priority Sports & Entertainment Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. Hernandez v. Hillsides, Inc., 47 Cal.4th 272, 97 Cal.Rptr.3d 274, 211 P.3d 1063, 1079 (2009) ([N]o cause of action will lie for accidental, misguided, or excusable acts of overstepping upon legitimate privacy rights.). The Chicago native was recruited by Tellem to be his assistant when he joined the organization. [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?] The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. 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