Agent: Mark Bartelstein He's not what he was in his prime . Sept. 20, 2011). (Dkt. Thus, in its Opposition, Priority Sports points to facts that supposedly establish a pattern of disloyal conduct: (1) Plaintiff and CAA agreed that CAA would pay for Plaintiff's representation in connection with his future employment with CAA; (2) Plaintiff and CAA entered into a joint defense agreement related to the instant litigation; and (3) Plaintiff met with CAA's attorneys once he decided he would resign from Priority Sports. ( Id. 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). Rick Smith Priority . 721) 2, Ex. 22 pick Bobby Portis, No. The Court further finds that Plaintiff has experienced sufficient damage to support a private right of action. 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). Analysis of the popular Formula One Nexflix series "Drive to Survive" Season Five on an episode-by-episode basis. 1030(a)(5)(B)(i) (West 2006)) (emphasis added). 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. However, the instant case is readily distinguishable because the litigation costs in question were not essential to remedying the harm of the unauthorized access. All content 2000-2023 RealGM, L.L.C. This clearly implicated Plaintiff's legally protected interest in the privacy of his employment and financial affairs. The mere fact that the SCA is also part of the ECPA does not mean it covers the same theory of liability. 2510 et seq. C082147 TEH, 2008 WL 2264485, at *12 (N.D.Cal.2008). Preliminarily, the Court notes that this claim is based in large part on the same factual allegations of misconduct discussed in the section above. These are distinct claims. (Opp. A nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. 1-513-960-4540. 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. 20); (Ketroser Decl. ). [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. (Mintz. Music Managers. 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. Plaintiff's Gmail account was password protected at all times, and he has never authorized any Priority Sports employees to access it. 3). The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. I. Lookup the home address and phone 3098680309 and other contact details for this person California. In a 3.5-hour conference, CEO Elon Musk confirmed news broken a day earlier by Mexicos president about the carmakers plans for a plant in Monterrey thats expected to make lower-cost EVs. This conclusion is bolstered by the Court's grant of summary judgment for CAA on the misappropriation counterclaim. California courts have similarly recognized an individual's protected privacy interest in his employment personnel file. The deal includes a fourth-year team option. Priority Sports misunderstands the purpose of summary judgment: now is the time to produce evidence. at 10). We create opportunities for our athletes on and off the field, and in life beyond football. "I was nervous at first of moving away from Chicago. Based on the foregoing analysis, the Court concludes that Defendants have failed to adduce specific facts to controvert the evidence supporting the serious invasion that took place in this case. To begin, Priority Sports entirely neglects to cite the relevant facts in the record that support this assertion. 2). I 1516). Priority is now one of the premier NBA and NFL athlete representation agencies, and Bartelstein has negotiated nearly $1 billion in active NBA contracts as of Forbes' 2022 agent ranking, including major deals for Bradley Beal, Tim Hardaway Jr. and Gordon Hayward. The Court GRANTS Plaintiff summary judgment as to the conversion claim. Gavin Newsom (D) blocked the move. 1030(a)(2). Civ.Code 3426.1(d). Because Priority Sports failed to carry its burden under Rule 56(e), the Court GRANTS Counterdefendants summary judgment as to the UCL claim. Mark Bartelstein & Associates Inc was founded in 1985. This argument is frivolous. Ames obtained a temporary password without Plaintiff's consent and accessed Plaintiff's Gmail account for at least twenty minutes. 2701(a)(1); (Reply at 5). View Mark's Contact Info Claim profile Mark Bartelstein Email & Phone Number Company: Priority Sports & Entertainment Email: Address: The employment contract also set forth specific terms concerning termination and its aftermath. He was also helped out by his agent, Mark Bartelstein, and by his financial adviser, Paragon Sports, which he said helped him facilitate his deals. The CFAA also imposes liability on whoever knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value. 18 U.S.C. Live from London, tracking the breaking and top business news stories in the lead-up to the opening of European markets. Id. Section IV(D) states that Plaintiff may terminate his employment with the Company for any reason or no reason upon fourteen (14) days' written notice to the Company. ( Id. Under the plain language of the statute, any amount of damage or loss may be sufficient. Facebook, Inc. v. Power Ventures, Inc., No. The undisputed facts here show that Defendants did not access, disclose, or use any emails that had been acquired during transmission. Plaintiff alleges that by virtue of the aforementioned claims, Defendants have engaged in unlawful business acts or practices in violation of California's UCL. 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. June 2, 2022 . In other words, the Motion does not seek summary judgment on the claims for defamation and the interference with prospective economic advantage. 2548. In a declaration supporting Priority Sports' Opposition, defense counsel stated that he was informed that counsel for Priority Sports identified to CAA players it believed overheard defamatory statements and CAA's counsel represented that it would accept service for those players. (Dacus Decl. 56(d). at 13). Because Plaintiff's claim under the ECPA fails as a matter of law, the Court GRANTS summary judgment in favor of Defendants. Nor has Priority Sports directed the Court to any shred of evidence that Scott and Ross are now clients with CAA. 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(Horn Decl. Kress & Co., 398 U.S. 144, 15960, 90 S.Ct. "[12][clarification needed]. These claims fail as a matter of law because there was no interception in this case. Accordingly, the Court GRANTS CAA summary judgment as to the interference with contractual relations counterclaim. Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. The deal includes . Priority Sports contends that the lack of notice deprived Priority Sports of the opportunity to reach out to those of its clients who had worked with client-service teams that included Mintz and to secure its relationships with those clients before Mintz's departure was a fait accompli. (Opp. Previously, Mark was the Agent at Lancast Read More Contact Mark Bartelstein's Phone Number and Email Last Update 11/8/2022 5:52 PM Email m***@prioritysports.biz Engage via Email Contact Number (***) ***-**** Engage via Phone Mobile Number Mark Bartelstein . 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. Plaintiff also alleges that Defendants violated other subsections of 502, though these claims are superfluous to establish liability in this case. SeeFed.R.Civ.P. (Dkt. Our clients will tell you:the passion and energy we provide them and their families will surpass your highest expectations. Accordingly, the Court GRANTS Counterdefendants summary judgment as to this counterclaim. Based on this deficient showing, the Court concludes that no rational fact-finder could conclude that Plaintiff's failure to give notice damaged Priority Sports. 443, 44950 (C.D.Cal.2007). at *2. Plaintiff asserts that Priority Sports' unauthorized access to his Gmail account violated his right to privacy under the California Constitution. Bartelstein said Altman was reluctant to trade Nance. 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. A II(A)). At any rate, there is no evidence that Defendants have attempted, in this or any other litigation, to enforce the non-compete clause. Related by Industry: Basketball, Football, Located in Chicago-Joliet-Naperville, IL-IN-WI Metropolitan Area. Josh Bartelstein found life after college basketball. Decl. Whether a legally recognized privacy interest is present in a given case is a question of law to be decided by the court. Hill v. Nat'l Collegiate Athletic Assn., 7 Cal.4th 1, 26 Cal.Rptr.2d 834, 865 P.2d 633, 657 (1994). I also have expertise in treating non-cancerous bone and soft tissue tumors. Loss is defined as any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service. 18 U.S.C. INTERNATIONAL Our clients have secured some of the best contracts in the international basketball world. 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. Priority Sports next alleges that Plaintiff breached his duty of loyalty to Priority Sports. 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