Addisu v. Fred Meyer, 198 F.3d 1130, 1134 (9th Cir.2000). Our in-house marketing team will help you create endorsement opportunities. As the Chinese Basketball Association shut down in January, Bartelstein hurried to get his clients out of the country. Therefore, this does not create a triable issue as to whether Plaintiff had an expectation of privacy in the Gmail account. Priority Sport asserts that CAA induced Plaintiff to breach his employment contract. California. Joshua Bartelstein Phone number. Plaintiff moves for summary judgment on the ground that Priority Sport has failed to raise a triable issue that it suffered damages as a result of any breach by Plaintiff. Do Not Sell or Share My Personal Information; Contact Us; Cal. 7:30 PM ET. Washington Wizards guard Bradley Beal has heard the rumors about the Brooklyn Nets wanting to land him in a trade deal. Nowhere in the complaint does Plaintiff attempt to plead a claim under the SCA. Mark Bartelstein - $37.44 million. All rights reserved. But Bartelstein also concedes that the client remained with Priority Sports. Under the plain language of the statute, any amount of damage or loss may be sufficient. Facebook, Inc. v. Power Ventures, Inc., No. Plaintiff worked in Priority Sports' Los Angeles office for eleven years, from September 25, 2001 until March 23, 2012. 8). Priority Sports' Opposition is utterly devoid of evidence that Plaintiff or CAA misappropriated any trade secrets belonging to Priority Sports. 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). (Mintz Decl. 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. 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. 15). Plaintiff has submitted evidence that he incurred $27,796.25 in attorneys' fees and costs to use the Court's subpoena power to identify Priority Sports as the party that hacked into the Gmail account. 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. ; (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. 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. Plaintiff attested in his declaration that he has been the sole account holder since he opened the account. Later, she left the drama school and started living with Gordon. 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, the Court GRANTS Plaintiff summary judgment on the breach of contract counterclaim. 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.). In sum, the undisputed facts establish that Plaintiff fails to satisfy the $5,000 threshold and therefore lacks standing to bring a civil action. Priority led the pack with $354.6 million negotiated for nine players. Mark Bartelstein, CEO at Priority Sports, has earned a reputation for being innovative and forward thinking in his approach to representing professional athletes.Priority Sports & Entertainment was founded in 1985, and in the 30+ years the agency has been in business. Choose at least two teams from the menus below to start your trade. Plaintiff also alleges that Defendants violated other subsections of 502, though these claims are superfluous to establish liability in this case. (Compl. We create opportunities for our athletes on and off the field, and in life beyond football. 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. (Opp. A fact is material only if it might affect the outcome of the suit under the governing law. Id. (26-32) Preview Regular Season. He talked to their teams, getting their permission for players to leave, and. Furthermore, the only place in the record any ostensible support is found is in the declaration of Mark Bartelstein. Plaintiff alleges that by virtue of the aforementioned claims, Defendants have engaged in unlawful business acts or practices in violation of California's UCL. 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. 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. awards . at 9). 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. gmail. 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. 3). 28 R.J. Hunter. 48). Even crediting this testimony, which lacks foundation, there is no evidence that Plaintiff's communications with these players included solicitations to join CAA. (Compl. Regrettably, despite some recent progress, many top stadia are yet to offer sensory rooms to fans. 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 Decl. Specifically, Priority Sports asserts on information and belief that Plaintiff told an industry blogger that another employee was leaving Priority Sports. Even if these facts are true, they do not create a triable issue for two reasons. 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. (Compl. Select the fourth team from the drop down menu. Pursuant to the employment agreement, Plaintiff agreed: (1) To devote all working time, knowledge, skill, attention, and energy, using his best efforts, to the duties and responsibilities set forth herein; (2) To serve and further the interest of the Company in every lawful way; and. This lack of diligence is reason enough to disregard these allegations. 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. Mark Steinberg Contact Information. See Celotex Corp. v. Catrett, 477 U.S. 317, 32324, 106 S.Ct. Thus, the second complaint advances the following causes of action: (1) violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 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. MARK BARTELSTEIN & ASSOCIATES, INC. is a Georgia Foreign Profit Corporation filed on August 15, 2022. Why despite these efforts are employees continuing to remain emotionally detached in record numbers? 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Civ.Code 3426.1. Because Priority Sports has failed to create a triable issue that Plaintiff made any defamatory or libelous statements, the Court GRANTS Plaintiff summary judgment on the defamation and trade libel claims. The principals are Mark Bartelstein from Highland Park IL and Rick Smith from Chicago IL. at 6). at 16). 56(d). Interest in the skilful, highly technical Spanish midfielder will only increase after a surge in form. NBA Agent Client Lists - RealGM. 16, Ex. Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. 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. Davis v. Facebook, Inc. (In re Facebook, Inc. Internet Tracking Litig. Moreover, Priority Sports fails to identify any evidence creating any triable issue that Counterdefendants' behavior was unfair or fraudulent within the meaning of the UCL. @BTS_twt #Throwback #DearClassOf2020 Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. Mark Bartelstein & Associates Inc was founded in 1985. Our football division has negotiated some of the largest contracts in the history of team sports. 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. Specifically, Plaintiff now suggests that Priority Sports violated the SCA by intentionally access[ing] without authorization a facility through which an electronic communication service is provided and thereby obtain[ing] access to a wire or electronic communication while it is in electronic storage in such system. 18 U.S.C. 1030(e)(11) (emphasis added). 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. 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