The court found that because the defendant had allowed the underlying action to proceed in the forum state he had ratified the plaintiff's choice of forum and therefore purposefully availed himself of the forum state's legal protections. Nick Nurse has settled a lawsuit filed against him by his former agent Warren LeGarie, according to court documents. 8(a). . Warren LeGarie who represents several NBA head coaches, assistant coaches and front-office executives said in his claim, "Defendant Nurse failed to do certain things required by the. In contract disputes, courts have looked to such factors as where the contract was negotiated or executed, where it was to be performed, and where the alleged breach occurred.' coaches. We provide a credible product, said Warren LeGarie, executive director of the N.B.A.s Las Vegas summer league. It was his vision, armed with a wealth of long-time professional basketballrelationships and numerous, well-worn Summer League experiences that helped bring the Summer League to Las Vegas 14 years ago. Finally, Nurse argues that Plaintiffs' claim for an accounting (Claim Five) fails to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. . The Court finds Plaintiffs' reliance on their agency relationship with Nurse to establish purposeful availment unpersuasive. Executives are here to wheel and deal, owners are here to meet with one another, and the news media is here to talk with sources. For years he bugged the league office and David Stern, then the N.B.A. Am., Inc. v. Hon, No. Oct. 15, 2009), aff'd, 425 Fed.Appx. Dismissal may be based on a lack of a cognizable legal theory or on the absence of facts that would support a valid theory. They sit courtside at games, cheering, howling and engaging with fans and the news media. 1986) (citation omitted). (quoting Shute v. Carnival Cruise Lines, 897 F.2d 377, 382 (9th Cir.1990), rev'd on other grounds, 499 U.S. 585 (1991)). Id. He states in his declaration that [t]o do that [he has] to build strong relationships where we have confidence in one another[, ] which always takes time. Id. The lawsuit was centered on LeGaries commission on a contract extension signed by Nurse with the Toronto Raptors. While LeGarie was overseas seven to eight months out of the year, he always. If you talk to them, theyll tell you Im there not just to do their contracts. Id. Thus, under 1391, venue may be proper in multiple districts if a substantial part' of the underlying events took place in each of those districts. Id. arenas. For the first time, Cooper also has a serious rival in the business Warren LeGarie, a San Francisco-based agent who represents seven current coaches, two dozen assistants and several front-office executives. The interest of California in adjudicating the dispute is neutral. Though the two men lost money the first year, by the second they were profitable. Where, as here, the motion is based on written materials rather than an evidentiary hearing, the plaintiff need only make a prima facie showing of jurisdictional facts. Courts have found such evidence supports a finding of purposeful availment. It is almost impossible to carry on a conversation because what seems like half of the thousands in attendance know them. clients. 1996)). San Jos, Costa Rica. 2008)). Balancing the factors discussed above, the Court concludes that Nurse has not made a compelling case that it would be unreasonable to require him to litigate in California. Plaintiffs argue that their relationship with Nurse was not random, fortuitous or attenuated, pointing to evidence that the relationship lasted seven years, that they were in regular contact during that period and that LeGarie negotiated four NBA contracts for Nurse, including a Head Coach contract that was valued at $9 million. The relationship between LeGarie and Nurse began in 2013, when Nurse entered into discussions with the Toronto Raptors about the possibility of an assistant coaching position. Id. In an event-driven town, we are that N.B.A. Compl. Warren is the president of WGL Management, which represents a number of top coaches, front office personnel, and executives across the NBA. After all, they are out of school and a ticket to watch nine hours of basketball is just $30. The biggest differences between Las Vegas and Orlando, which hosts eight teams, are that in Orlando there are no fans and news media access is tightly controlled. 636(c). Its cheaper than day care, Hall said. Corp. v. Brit.-Am. Here, there is no dispute that Nurse does not reside in this district and therefore, that Section 1391(b)(1) does not apply. Recycling Inc., No. Nurse states further that he has never owned property in California, been employed in California, maintained an office in California, or conducted business in California. Id. Oct. 27, 2017) (quoting Batt v. City & County of San Francisco, 155 Cal.App.4th 65, 82 (2007) (citation omitted), disapproved on other grounds by McWilliams v. City of Long Beach, 56 Cal.4th 613 (2013)). 2004)). We have the best time.. Decl.) 1. 5. Co. v. Glasbrenner, 417 F.3d 353, 357 (2d Cir. WARREN LEGARIE, et al., Plaintiffs, v. NICHOLAS DAVID NURSE, Defendant. (quoting Gulf Ins. Unless the inconvenience to the defendant is so great as to constitute a deprivation of due process, it will not overcome clear justifications for the exercise of jurisdiction. Hirsch v. Blue Cross, Blue Shield of Kansas City, 800 F.2d 1474, 1481 (9th Cir. 5-6, 10; LeGarie Decl. Nurse contends that under Roth, the anticipated future consequences of the agreement do not support a finding of purposeful availment because in contrast with the facts of Roth, the future consequences of his agreement with LeGarie were to occur entirely in Canada and the commissions he was to pay would be for his work in Canada. All content 2000-2023 RealGM, L.L.C. franchise in Las Vegas, Hall said. The Court concludes, however, that merely seeking to enter into a contract with a California resident is not sufficient to show that a defendant is directly soliciting business in California where the agreement does not involve marketing the defendant's product or promoting its business in some way in the forum. A lot of useful and really random stuff as well. Accordingly, the Court concludes there is specific jurisdiction over Nurse in this case. C 98-4899 SI, 1999 WL 429549, * 6 (N.D. Cal. 13. . Here, Nurse's contacts with the forum are relatively attenuated even though they are sufficient to meet the purposeful availment requirement. In the case, Hunter Pyle Law represents Warren LeGarie, a prominent agent who represents NBA coaches and executives. 5 years ago - via Twitter WolstatSun. Furthermore, the evidence indicates that the parties did, in fact, have an ongoing relationship that lasted approximately seven years whereby LeGarie represented Nurse in a series of contract negotiations with the Raptors, met with Nurse and Raptors executives on several occasions in California (although Nurse's primary purpose in coming to California was team-related and not to meet with LeGarie), and invoiced Nurse, who paid commissions to Plaintiffs in California. The reasons for their failure may have been inherent to the whole project. June 28, 1999) (With respect to the State of California's interest in providing a forum for Boxer's action, California law is in conflict as to whether the state has an interest in providing a forum for a private contractual dispute. Therefore, that claim will be dismissed without leave to amend but without prejudice to Plaintiffs' seeking an accounting remedy in connection with their remaining claims. In a dizzying 24-day stretch from late November to mid-December, six N.B.A. Today, the average coaching salary is about $3.5 million. 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. The Two Men Who Make Money From the N.B.A. Wolves Continue To Believe In Karl-Anthony Towns, Have No Plans To Trade Him, LeBron James To Have Right Foot Reevaluated In Two Weeks, The Lottery Pick Gleam Still On Kris Dunn, The 2023 Title Contenders Are Already Here, Six Biggest X-Factors After The All-Star Break, Arizona Online Sports Betting and Promo Codes, Illinois Online Sports Betting and Promo Codes, Kansas Sports Betting Promo Codes & Bonuses, Louisiana Online Sports Betting and Promo Codes, Maryland Sports Betting Promo Codes and Bonuses, BetMGM Sportsbook Massachusetts Promo Code, Caesars Sportsbook Massachusetts Promo Code, Massachusetts Sportsbook Promo Codes & Bonuses, Michigan Sports Betting and Sportsbook Promo Codes, New York Sportsbook Promo Codes and Betting Bonuses, Ohio Sports Betting Promo Codes and Bonuses, Pennsylvania Sports Betting and Sportsbook Bonuses, NFL Odds for the 2022-23 Season: The Best NFL Betting Odds, NFL Prop Bets: Top NFL Player Props for Betting, Super Bowl Odds 2023 - Best Odds To Win Super Bowl 57. Opinions in the wake of the pathmarking International Shoe decision have differentiated between general or all-purpose jurisdiction, and specific or case-linked jurisdiction. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011) (citing Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414, nn. Its brutal, LeGarie said. Check back later! See Roth v. Garcia Marquez, 942 F.2d 617, 622 (9th Cir. . We are the Burning Man of basketball, LeGarie said, later trying out an analogy involving the Mos Eisley cantina from Star Wars.. Cal. basketball. Nonetheless, the Court finds that the contacts between the parties were not random and fortuitous in light of the evidence that LeGarie conducted 90% of his work on Nurse's behalf in California, that Nurse sent payment for Plaintiffs' work to Plaintiffs' California bank at least six times, and that Nurse and Raptor executives met LeGarie in California in connection with LeGarie's representation of Nurse on numerous occasions. These facts also undercut his argument that exercising jurisdiction over him in California would give rise to a conflict of sovereignty between California and Canada. government in america 16th edition pdf. Ins. N.B.A. Warren is sixty years old. Nurse hired LeGarie as his agent in 2013 when he joined the Raptors as an assistant coach. shall contain . The reality is there are only four real contenders. It doesnt matter if its 1 or its 12, its personal with me, because these are my dear friends and Ive been with them so long, Cooper said last week in a rare telephone interview. Youve got to be strong enough to tell them what theyve got to hear, not what they want to hear.. 1. Here, the oral agreement between LeGarie and Nurse was open-ended with respect to duration, LeGarie Decl. It is the peoples league, Hall said, and the two men have built an entire community around the summer league with current players, retired players, coaches, referees and community service. . LeGarie was in San Francisco at the time, and Nurse reached him at a number that had a 415 area code. Compl. Nurse left LeGarie to sign with Andy Miller of Klutch Sports shortly before the contract was signed. To satisfy the second prong of the test for specific jurisdiction, which requires that the claims must arise out of the defendant's forum-related activities, courts in the Ninth Circuit apply a but-for test. Given that Nurse travels to California for coaching related activities, see Nurse Decl. Nate McMillan, another Cooper client, is leading a fantastic revival in Portland, where the Trail Blazers were 18-12 through Friday. The invoices were from LGM and listed a San Francisco address for the company. 29, 2014) (holding that where invoices reflected California address and payments were from California defendants were on reasonable notice that they could expect to be called into court in California). commissioner, until he got the go-ahead to organize the Las Vegas league, heavily supported by the current commissioner, Adam Silver. 5. Warren LeGarie, the summer league founder and NBA coach agent, watches his interns on the Thomas &Mack concourse like a proud papa. I think it starts there. c. Whether Exercise of Jurisdiction is Reasonable. Nurse contends Plaintiffs' accounting claim fails to state a claim because under California law, accounting is an equitable remedy rather than an independent cause of action. By Alan Snel LVSportsBiz.com Adam Silver is no stranger to Las Vegas. Id. Says agent Warren LeGarie and him are in constant discussion. He generally turns down interview requests. Im very proud of them, that every single one walked out with their heads high and with their dignity., Agents Feel the Pain When Coaches Are Fired, https://www.nytimes.com/2008/12/28/sports/basketball/28agent.html. Therefore, the Court finds that this factor supports a finding of purposeful availment. In that case, the plaintiff (a movie producer who lived in California) attempted to negotiate the movie rights to a book by Gabriel Garcia Marquez, who lived in Mexico City. Id. They run a junior N.B.A. Nurse Decl. According to Nurse, Plaintiffs' allegations are not sufficient as to either of these requirements. The NBA commissioner comes to the big. league, basketball clinics, movie screenings and all manner of ancillary programming. That all changed with the introduction of the Las Vegas summer league in 2004. Export results to: Excel CSV PDF. Nurse's reading of Roth is too narrow, however. Id. sold to ESPN and Turner Sports in 2014, for $24 billion. 2004) (quoting Boschetto v. Hansing, 539 F.3d 1011, 1017 (9th Cir. See LeGarie Decl. Therefore, this favor weighs slightly in favor of Nurse. Similarly, his agent, who lived in Barcelona Spain, had few contacts with California. Co., 828 F.2d 1439, 1444 (9th Cir. With respect to course of dealings, the evidence showed that the parties' communications consisted of telephone calls and faxes, which are not sufficient to establish purposeful availment; the only two times the defendant was in California for meetings, the meetings were unrelated to the claims asserted in the case. A court may exercise specific jurisdiction when the following requirements are met: Under the first prong of the Ninth Circuit's test for specific jurisdiction, a plaintiff must establish that the defendant either purposefully availed itself of the privilege of conducting activities in California, or purposefully directed its activities toward California. Schwarzenegger, 374 F.3d at 802. Hunter Pyle, quoted in the article, gave the following statement: "Warren LeGarie has successfully represented numerous . summer league. In Toronto, Nurse met with other Raptors coaches. He founded Las Vegas Summer League.He's the agent for a variety of big-shot NBA executives, coaches and general managers, including Executive Vice President of the NBA Kiki Vanderweghe, Dallas Mavericks Head . In a city known for excess and disappointment the summer league is a reliable bargain. Albert Hall, left, and Warren LeGarie created the Las Vegas version of the N.B.A. On the other hand, in Sarkis v. Lajcak , the court held that there was no purposeful availment where the defendant advertised an open position for a Legal Counsel in The Economist, a global weekly news magazine, and the plaintiff responded to the advertisement from California, providing California contact information in his cover letter and on his resume. When the movie producer sued Garcia Marquez in California, the Court found purposeful availment on the basis that the contract envisioned production of a film, most of the work for which would have been performed in California. Id. 9, 20 & Ex. My clients are the star, and Im not trying to position myself that I am the influence in the situation.. coaches were fired. Agent Warren LeGarie contends he is owed a commission on a reworked contract Nurse signed with the Raptors in 2020, along with other damages. The undersigned has found that under California law, an accounting is not an independent cause of action but merely a type of remedy. Amer v. Wells Fargo Bank NA, No. Last year their market research found that 38 percent of attendees were from Southern California. Id. at 1139.