Tag: SaveTheCrew

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PSV/MLS File Appeal Brief Contesting Lower-Court Order; But Will They Get to Argue it?

By way of a procedural quirk, we've had a number of briefings by both parties on the same case, arguing different things. When PSV/MLS gave notice of their intent to appeal the lower court Order, the City of Columbus and State of Ohio almost immediately filed a motion to dismiss on a number of procedural ...

Analysis: Plaintiffs File Reply to Motion to Dismiss Appeal; Stage Now Set for Court to Rule

Note: You can read my analysis of the Motion to Dismiss the appeal by the plaintiffs, and the response by PSV/MLS. The final chess piece has been deployed in the plaintiffs' motion to dismiss the Appeal. To briefly recap: The Order, which required PSV/MLS (and the plaintiffs for that matter) to comply with certain requirements, ...

Analysis: PSV/MLS File Response to Plaintiffs’ Motion to Dismiss Appeal

I know this can all get a bit confusing, so I'll try to keep things procedurally simple. Where we're at: The lower-court Order which (among other things) requires PSV/MLS to provide certain financial information to the Court (along with non-disclosure agreements), tolled the six-month waiting period for 90 days, and held off on ruling on the ...

Ohio Potpourri: A SaveTheCrew Procedural Update; Explanation for Delay in FC Cincinnati Expansion Announcement?

It's an all-Ohio update today. Let's start off with the procedural stuff. SaveTheCrew: I outlined this on Twitter, but for those who don't use that platform, I'll go over it here. We've got confirmation that the lower court record has been transmitted to the Appeals Court. That consists of any pleadings, orders, exhibits, transcripts and ...

SaveTheCrew: Plaintiffs File Motion to Dismiss PSV/MLS Appeal of Lower Court Order

As expected, the Plaintiffs in the Modell lawsuit have filed a motion to dismiss the Appeal filed by PSV/MLS, which contests the Order entered by Judge Brown. That Order required the defendants to potentially hand over certain financial documents, tolled the six-month waiting period and stayed a decision on the motion to dismiss the case (among other ...

SaveTheCrew: Plaintiffs’ Oppose PSV/MLS Motion to Delay Filing Reply to Motion to Dismiss

To mix my sports metaphors: We have a bit of hardball on the soccer pitch from the plaintiffs here. To briefly recap: The defendants filed a motion to dismiss this lawsuit back on April 20, 2018. Victory by the defendants would (likely) mean the case is dismissed. The plaintiffs filed their response to the motion on on May ...

SaveTheCrew: PSV/MLS File Appeal of Ruling; Argue Court Wrongly Granted Toll of Six-Month Notice and Compliance with Process for Sale

I had a feeling this was coming. Nothing about the action of defendants has indicated they were going to play particularly nice. In this case, PSV/MLS have decided that the ruling (which I understand came as a shock to them, and left them very upset) is a bridge too far. We now have confirmation that ...

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SaveTheCrew: Rulings From Judge Provide Boost to Plaintiffs

Whoa. The court came back with rulings from the Status Conference held last week. And boy...I wasn't expecting this. I assumed we'd just get some scheduling orders with regard to when the motions would be argued. We got more than that. A lot more. Judge Jeffrey M. Brown has: 1) Granted, in-part, the Plaintiffs' motion ...

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PSV/MLS File Reply in Motion to Stay Discovery

Reply briefing is always a bit of a funny thing. It's typically a rehash of arguments made in your original motion. There is a good reason for that; reply briefing is required to be narrow in scope. You have to limit the reply to responding to what the other side wrote in their response. If ...

PSV/MLS File Motion to Dismiss Modell Lawsuit

The moment we've been waiting for has finally...belatedly...arrived. Precourt Sports Ventures and Major League Soccer have finally filed their motion to dismiss the Modell lawsuit. The brief is, as expected, 25 pages and cites a number of constitutional arguments for dismissal. As the brief cites a number of arguments for dismissal. It's probably just best ...

SaveTheCrew: PSV/MLS Files Motion to Stay Request to Provide Discovery to Plaintiffs

Precourt Sports Ventures and Major League Soccer previously provided a hint into their strategy to fight the lawsuit, when they requests leave to exceed the local page limit requirements as they prepare to file their motion to dismiss. Now they are asking that a stay be entered that puts a hold on the plaintiff's request for discovery. ...

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SaveTheCrew Plaintiffs Put Some Pressure on PSV/MLS

I suppose I'd be remiss if I didn't have a brief comment on the news of the day. That came in the form of a motion filed by the State of Ohio to toll the so-called "six month waiting period" required by the Modell law, during which time local buyers are to have the ability to make an offer ...

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SaveTheCrew: Raising the Stakes

Yeah, so this is getting good. We have some big news out of Columbus, with an announcement from Mayor Ginther that Columbus Business Partnership CEO Alex Fischer has lined up potential purchasers, AND identified potential downtown stadium locations. And of even more interest, is a request that Precourt Sports Ventures (PSV) and Major League Soccer ...

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SaveTheCrew: When is Notice, “Notice?”

Note: This story was inspired by a conversation I had on Twitter. See, it is good for something! We now know the deadline for PSV/MLS to respond to the complaint file by the City of Columbus has been rescheduled to April 19, 2018. At that point, we'll get a real look at the legal strategies PSV/MLS intend ...

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Deadline for PSV/MLS to Respond to SaveTheCrew Complaint Moved

Well, we have a couple of small updates to the #SaveTheCrew lawsuit. I previously estimated that the deadline for a response from PSV/MLS was around April 12, based on the date that the plaintiffs filed and served the amended complaint. Based on that, it looks like the parties (by agreement) have extended the deadline for PSV/MLS to ...

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A SaveTheCrew Procedural Update

Nothing earth-shattering here, but a couple of interesting procedural updates, in light of Precourt Sports Ventures (PSV) and Major League Soccer (MLS) formally providing notice to the City of Columbus of their intent to cease playing at Mapfre Stadium in 2019, and also requesting bona fide offers for interested local parties to purchase the team. As I ...

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MLS and Anthony Precourt Put Columbus on Notice

Andrew Erickson just obtained a letter from PSV/MLS to the City of Columbus/State of Ohio (Friday evenings are for breaking/dumping news) regarding the lawsuit filed to prevent them from moving the Columbus Crew to Austin. Let's dig in, shall we? We'll go through this paragraph-by-paragraph: Your basic summary. We lawyers get paid by the word, after ...

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All’s Quiet on the #SaveTheCrew Front

This is a bit unexpected, though maybe not completely surprising. And things will probably change right as I publish this. Ohio Attorney General Mike DeWine said on Counter Attack last week, that not only was he seeking a preliminary injunction to prevent the move of the Columbus Crew to Austin, but also that a hearing ...

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Start Your Engines: #SaveTheCrew Versus PSV Moving Towards Hearing

Ohio Attorney General Mike DeWine appeared on Counter Attack with Brian Dunseth and Tony Meola Thursday to discuss the lawsuit filed by the City of Columbus and the State of Ohio to preclude the Columbus Crew (PSV) from relocating, presumably to Austin, Texas. It was an interesting interview, and kudos to Brian and Tony for asking some very probing questions. In ...

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Columbus & Ohio Try to #SaveTheCrew

The move many thought was coming finally happened this week, as the City of Columbus and State of Ohio filed suit against Precourt Sports Ventures and Major League Soccer. The goal: Prevent the Columbus Crew from moving to Austin, at least without complying with local laws in Ohio. You can read a copy of the ...

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