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According to the reports, Constance is in a relationship with her boyfriend named Mark Gordon. at 25 n. 3). (Compl. This argument fails for two reasons. ; (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. 15). The burden is on the party seeking declaratory relief to establish the existence of an actual controversy. Priority Sports does not genuinely dispute that a person has a legally protected privacy interest in his personal financial and employment information. Plaintiff may not now inject a new theory into the action at the summary judgment stage. Affiliated Hospitals. Specifically, Priority Sports asserts on information and belief that Plaintiff told an industry blogger that another employee was leaving Priority Sports. 19). These are distinct claims. 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. We provide email, phone, address, along with clients info for thousands of entertainment professionals. See Coleman, 232 F.3d at 1294. Plaintiff further alleges that Bartelstein subsequently defamed him in front of various NBA team executives and players to persuade them not to follow Plaintiff to CAA. The deal includes a fourth-year team option. Case Nos. Bartelstein further claims that prior to his resignation, Plaintiff failed to advise Priority Sports about (1) his communications with a prospective client named Mike Scott, (2) his attempted communications with prospective client Terrence Ross and his family; and (3) his communications with another prospective client, Rob Sacre. 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.). Accordingly, the Court proceeds to summary judgment. Golf's Greatest Holes: Golfing legend Paul McGinley takes television presenter Chris Hollins on a tour of the best golf courses in Ireland and Northern Ireland. Taking off the jersey for the last time doesn't mean that basketball ends, though. Principal Life Ins. 56). (Counterclaim 93). To make this assumption would constitute mere speculation. at *2. (Mintz Decl. 67, 1314). 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. Nor has Priority Sports directed the Court to any shred of evidence that Scott and Ross are now clients with CAA. 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. In early March 2012, CAA offered Plaintiff a job. Nunn hasn't started contact drills yet and Patrick isn't a PG, he's a 2 guard. Further, Section V(A) sets forth what is referred to by the parties as the non-compete provision: For two (2) years following the termination of the Employee's employment, regardless of the reason therefore, the Employee agrees that the Employee will not, directly or indirectly, on behalf of himself or others either as an employee, consultant, owner, independent contractor or in any other capacity whatsoever: 2. Music Managers. 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. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). Plaintiff worked in Priority Sports' Los Angeles office for eleven years, from September 25, 2001 until March 23, 2012. 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. (DUF 16). Plaintiff alleges that Priority Sports' unauthorized entry into his Gmail account violated California Penal Code 502. Cf. [Stein] Dennis Schroder has agreed to a one-year deal to return to the Lakers, @PrioritySports CEO Mark Bartelstein tells @TheSteinLine. Rather, they challenge whether Plaintiff has presented evidence worthy of a directed verdict that he sustained a loss in excess of $5,000. 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. See Columbia Pictures, Inc. v. Bunnell, 245 F.R.D. CAA now manages contracts that could be worth nearly $1 billion in commissions, leading a group of juggernaut agencies that are pulling away from their smaller rivals. concluding the plaintiff had experienced sufficient damage to support a claim under section 502 where the plaintiff "spent some time restoring his Gmail password and investigating who had hacked the Gmail account", granting the plaintiff's motion for summary judgment on invasion of privacy claim where plaintiff's former co-worker deliberately accessed [the plaintiff's] Gmail account without permission, opened several emails, and even read their contents, including his agreement with his new employer, granting summary judgment to defendants where [t]he undisputed facts show that Defendants did not access, disclose, or use any emails that had been acquired during transmission. Mamou v. Trendwest Resorts, Inc., 165 Cal.App.4th 686, 81 Cal.Rptr.3d 406, 433 (Ct.App.2008). 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. Why? Id. Bartelstein also attested in his declaration that prior to his resignation, Plaintiff failed to inform Priority Sports that a client's relative had complained about the company's marketing department. 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. (Dkt. Sports Agency -", "I Have A Kellogg MBA - Kellogg School of Management - Northwestern University", "The World's Most Valuable Sports Agencies 2013", "Priority Sports & Entertainment on the Forbes Sports Agencies List", "Do the math: Agencies negotiate $2.3 billion in NBA free agency deals", "NFL Free Agency: Top Agencies and Agents Sports Agent Blog", "Our Team - Priority Sports & Entertainment - www.prioritysports.biz - Chicago . 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. NBA Agent Client Lists - RealGM. On Friday night, Lowry's agent, Mark Bartelstein, went on SiriusXM Radio and proclaimed the Philadelphia Inquirer's report from earlier in the day that had a potential Lowry deal cooking between . Priority Sports alleges that (1) CAA interfered with Priority Sports' business relationship with Plaintiff; and (2) Plaintiff and CAA interfered with Priority Sports' business relationships with NBA players. Our in-house marketing team will help you create endorsement opportunities. If the moving party meets its initial burden, the nonmoving party must identify specific facts, drawn from the materials on file, that show that an issue is genuinely disputed. For the reasons above, the Court concludes that there is no litigable controversy with respect to either claim for declaratory relief. Solicit Company Clients or business on behalf of a Company Competitor; 2. Michael Harvey-Bray. 539, 543 (Ct.App.1987). The baseball mega-agent sets a record with commissions of up to $191 million, leading a group of 15 managing over $20 billion in active playing contracts. Mark Bartelstein . United States, Illinois, Chicago. mark bartelstein news stories - get the latest updates from ABC13. MORE> View contacts. 56(c); Tarin v. County of Los Angeles, 123 F.3d 1259, 1263 (9th Cir.1997). Accordingly, the Court concludes as a matter of law that the litigation costs in this case do not count as a loss under the CFAA. Moreover, none of Bartelstein's statements mention any misappropriation by Plaintiff or CAA. In sum, Defendants have failed to point to specific facts raising a triable issue of whether Plaintiff had a reasonable expectation of privacy. 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 13). On this Wikipedia the language links are at the top of the page across from the article title. Priority Sports alleges that Plaintiff uttered several false and defamatory statements about Priority Sports to third parties that have damaged Priority Sports. Feeling Lucky With Accel Entertainment (ACEL), Apple TV+ Is Looking Into Streaming More Live Sports, Neurodiverse Sports Fans Still Face Exclusion From Many Stadia, Study Shows, Warner Bros. I don't get it[.] Accordingly, Defendants' Motion for Partial Summary Judgment is DENIED as moot. Where, as here, a plaintiff seeks a declaration pursuant to the Declaratory Judgment Act, 28 U.S.C. Mark Bartelstein - $37.44 million. Select the first team from the drop down menu. 1030(e)(11) (emphasis added). at 21). In both Kimberlite and Multiven, the expenses were oriented toward investigating the extent of the harm and repairing the harm. 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. A civil conspiracy, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal.4th 503, 28 Cal.Rptr.2d 475, 869 P.2d 454, 457 (1994) (internal quotation marks omitted). The reality is there are only four real contenders. Defendants' Motion for Partial Summary Judgment on its breach of contract and breach of duty of loyalty claims is DENIED as moot. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. Getting to the top of your profession is extremely difficult; staying there is even tougher. That statute imposes liability on whoever [k]nowingly accesses and without permission uses any data, computer, computer system, or computer network in order to wrongfully control or obtain money, property, or data. 502(c)(1). In SuccessFactors, the relevant harm of the unauthorized access was that the plaintiff had no clue whether the hacker might invade the website again or send additional spam emails to the plaintiff's customers. Music Managers. The Court therefore GRANTS summary judgment for Defendants on the CFAA claim. 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. (Compl. 22 pick Bobby Portis, No. View FREE Public Profile & Reputation for Mark Bartelstein in Highland Park, IL - See Court Records | Photos | Address, Emails & Phone Numbers | Personal Review | $250K+ Income & Net Worth . Search and display advertising arent the only parts of the marketing landscape that have changed over the past three years. Accordingly, the Court GRANTS Plaintiff summary judgment on the 502 claim. (Mintz. Plaintiff asserts that Priority Sports' unauthorized access to his Gmail account violated his right to privacy under the California Constitution. All rights reserved. Because there is no triable issue of breach or of damages, the Court GRANTS Plaintiff summary judgment on the duty of loyalty counterclaim. Age:62 years old VIEW FULL REPORT Mobile number (312) 965-2564 Marital status Married Landline number (847) 831-3051 Gender Female Occupation adsview occupation Born October 9, 1960 Email addresses 1598, 26 L.Ed.2d 142 (1970). Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. California courts have similarly recognized an individual's protected privacy interest in his employment personnel file. Disclose Confidential Business Information to anyone, including, without limitation, Company Competitors not affiliated with the Company, without the Company's prior written consent. 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. Mike Greek. Highland Park, IL. Bloomberg Daybreak Europe, anchored live from London, tracks breaking news in Europe and around the world. At any rate, this error serves to highlight Priority Sports' lack of evidence that it owns the cell phone in question. See Adickes v. S.H. Disclose Confidential Business Information to persons not affiliated with the Company, including, without limitation, Company Competitors, without the Company's prior written consent; or. In other words, investigating the perpetrator's identity was only justified to the extent that it was necessary to remedy the harm. of San Francisco, 441 F.3d 1090, 1100 (9th Cir.2006). 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. To remove that extant risk, it was necessary for the plaintiff to track down the perpetrator. In. (Bartelstein Decl. However, this approach fails to take account of the fact that loss is expressly delimited to the reasonable cost to any victim. (Opp. The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. (DUF 712). Pac. This conduct was illegal under California law. Mark Steinberg Contact Information. Select the second team from the drop down menu. Like, leaving the investment banking world to launch his own sports and entertainment firm in 1985. While Mark Ruffalo's personal phone number is not public information, you can reach him by phone through his representatives by calling Arcieri & Associates at +1 212 286 1700. INTERNATIONAL Our clients have secured some of the best contracts in the international basketball world. Priority Sports' Opposition is utterly devoid of evidence that Plaintiff or CAA misappropriated any trade secrets belonging to Priority Sports. If all three of these elements are established, the plaintiff's privacy interest must be balanced against any countervailing interests of the defendant. Counterdefendants argue that the conspiracy claim cannot survive summary judgment because Priority Sports has failed to raise a triable issue as to any predicate tortious acts. Priority Sports represents the following NFL athletes: Other NFL athletes represented by Priority Sports include Arian Foster, Brooks Reed, Nate Kaeding, Koa Misi, Mike Pollak, Alterraun Verner, Sean Lee, and Levi Jones, Kyle Kosier, Dominic Raiola, Isaac Sopoaga, Madieu Williams, Kris Dielman, Tony Pashos, Alan Faneca, and Luis Castillo. This argument is frivolous. Priority led the pack with $354.6 million negotiated for nine players. 1, 791 P.2d 587, 58990 (1990). Defendants simultaneously filed a Motion for Partial Summary Judgment as to their claims against Plaintiff for breach of contract and breach of the duty of loyalty. 1030(a)(5)(B)(i) (West 2006)) (emphasis added). It also added coaching agent Matt Baldwin in 2022. Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. CSC-LAWYERS INCORPORATING SERVICE COMPANY, agent; MARC SAMSON, treasurer, 1 Mar 2016 - MARC SAMSON, director, 1 Mar 2016 - MARK BARTELSTEIN, president, 1 Jan 2012 - MARK BARTELSTEIN, director, 1 Jan 2014 - . Our basketball division has negotiated some of the largest contracts in the history of team sports. Regrettably, despite some recent progress, many top stadia are yet to offer sensory rooms to fans. Adams faces social and monetary consequences after making racist comments online. The Court would have gone further and granted summary judgment in favor of Defendants, but for the fact that Plaintiff's claims for defamation and economic interference remain outstanding. at 9). Because there is no evidence of any predicate wrongful acts, the Court GRANTS Counterdefendants summary judgment on the conspiracy claim. 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. (Bartelstein Decl. California, 70 Cal.App.4th 1358, 83 Cal.Rptr.2d 388 (Ct.App.1999). Plaintiff also alleges that Defendants violated other subsections of 502, though these claims are superfluous to establish liability in this case. In short, Plaintiff only contends that the two-weeks' notice provision is unenforceable to the extent Priority Sports asserts it prevented Mintz from competing for clients, including his own clients, after his resignation. (Reply at 3) (emphasis added). Toronto Raptors point guard Kyle Lowry will be a free agent after the 2019-20 season, and he'll have a new agency representing him during that process. Plaintiff has presented evidence that he had a reasonable expectation of privacy in his personal emails. July 16, 2012) (internal quotation marks omitted). Based on this evidence, it is clear that Ames did not accidentally stumble into Plaintiff's zone of privacy. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000). 4. Where allegations of breach of the covenant of good faith do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Bionghi v. Metropolitan Water Dist. 18). A). (Counterclaim 11922, 12729). SACV 12572 JVS (Ex), 2012 WL 2951924, at *2 (C.D.Cal. 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. The Eighth Circuit reached a different conclusion in United States v. Millot, 433 F.3d 1057 (8th Cir.2006). 1275 York Avenue. It further alleges that Plaintiff made false statements disparaging the quality of Priority Sports' property, goods, and/or services, which has damaged Priority Sports. (DUF 23); (Mintz Decl. Michael Perrett Priority Sports Staff 2022-09-01T13:13:22-05:00. In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. When the party moving for summary judgment would bear the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial. C.A.R. Last month Apple began streaming MLS games and next month Apple will begin their second season of streaming MLB games. at 106162 (citing 18 U.S.C. Mark Bartelstein, a former investment banker, founded Priority Sports in 1985. (Counterclaim 34). at 13). Accordingly, there is no basis to conclude that Plaintiff has personally suffered a loss as a result of the offense. Mark Bartelstein is a resident of IL. Mark Bartelstein, 61. By proscribing any unlawful business practice, section 17200 borrows violations of other laws and treats them as unlawful practices that the unfair competition law makes independently actionable. CelTech Comms. For example, 502 also imposes liability on any person who takes, copies, or makes use of wrongfully obtained data, 502(c)(2); or unlawfully accesses or provides a means for accessing any computer, 502(c)(6)-(7). (Opp. It is undisputed that Ames viewed a copy of Plaintiff's employment agreement with CAA. 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. (Def. In other words, the Motion does not seek summary judgment on the claims for defamation and the interference with prospective economic advantage. Branch of MARK BARTELSTEIN & ASSOCIATES, INC. (Illinois (US)) Business Classification Text SPORTS AGENCY Inactive Directors / Officers. In light of the foregoing undisputed facts, the Court concludes that Defendants violated California Penal Code 502. 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. Priority Sport asserts that CAA induced Plaintiff to breach his employment contract. Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. finding declaratory judgment claim was moot because defendants had not attempted, in the litigation or any other litigation, to enforce the non-compete clause. The Chicago native was recruited by Tellem to be his assistant when he joined the organization. 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. With a total of 103 clients, he earns $48.6 million a year from contracts totaling just over $593 . Sports Agency", "CAA Sports Reps NBA Draft's First Two Picks; BDA, ASM, Priority Each Rep Four In Round 1", "For BDA Sports, another good year for NBA first-rounders", "Bradley Beal Re-Signs with Wizards: Latest Contract Details, Comments, Reaction", "Agent: Lee agrees to sign-and-trade to Warriors", "Gordon Hayward to sign with Boston Celtics", "Average Joe Ingles is anything but for the Utah Jazz", "Priority Football - Priority Sports & Entertainment", "NFL's Kirk Cousins to sign rare fully guaranteed contract worth $84M: Reports", "Bucs make Mike Evans NFL's second highest-paid receiver", "Buccaneers make Ryan Jensen highest-paid center", "Josh McCown signs new contract with Jets at Chick-fil-A | Sporting News", "Bengals, Levi Jones agree on $40 million extension", "Warner, Cardinals reach two-year, $23M deal", "Donovan McNabb, Brady Quinn, Jake Delhomme, more NFL notes - Peter King - SI.com", "Scout.com: Ngata happy after inking $11.9M deal", https://en.wikipedia.org/w/index.php?title=Priority_Sports_and_Entertainment&oldid=1141126854, All articles with vague or ambiguous time, Vague or ambiguous time from September 2018, Wikipedia articles needing clarification from September 2018, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 23 February 2023, at 13:51. Here, Plaintiff argues that the UCL claim fails because neither Plaintiff nor CAA violated an underlying, predicate law. Rasmussen & Assoc., Inc. v. Kalitta Flying Services, Inc., 958 F.2d 896, 906 (9th Cir.1992). First, Defendants suggest that it was Plaintiff, not Priority Sports, who first divulged the terms of the CAA agreement to a third party named Josh Ketroser. Select the third team from the drop down menu. As an initial matter, the Court recognizes that this case is similar to SuccessFactors insofar as the offender here also accessed protected information, namely the employment contract with CAA. The company's filing status is listed as Active/Compliance and its File Number is 22177262. 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. 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. & Loan Ass'n v. Super. 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. 1. In ways big and small, global and local, young people are making their mark on the world and driving lasting change in their communities. Priority Sport's Fourth Counterclaim is for misappropriation of trade secrets in violation of California's Uniform Trade Secrets Act (CUTSA), Cal. 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. Priority Sports & Entertainment Company Stats. However, the law does more than just borrow. Because Business and Professions Code section 17200 is written in the disjunctive, it establishes three varieties of unfair competitionacts or practices which are unlawful, or unfair, or fraudulent. 9). II 1). See Celotex Corp. v. Catrett, 477 U.S. 317, 32324, 106 S.Ct. Here, Priority Sports' employee, Ames, admitted in his deposition that (1) he purposely obtained a temporary password to Plaintiff's Gmail account without permission, (2) he opened two to three emails that had been forwarded from Plaintiff's Priority Sports email account; (3) he opened an additional three to four personal emails that had not come from Plaintiff's business account; (4) that one of these personal emails related to Plaintiff's employment agreement with CAA; and (5) he then viewed the CAA employment agreement itself. Begin their second season of streaming MLB games to launch his own Sports entertainment. 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Or of damages, the Court GRANTS Plaintiff summary judgment for Defendants on the 502 claim 123 F.3d,. Relationship with her boyfriend named Mark Gordon interests of the foregoing undisputed facts, the Court therefore GRANTS judgment... Behalf of mark bartelstein contact info Company Competitor ; 2 making racist comments online in the history team! 1, 791 P.2d 587, 58990 ( 1990 ) this approach fails to take account of the foregoing facts. Copy of Plaintiff 's privacy interest in his personal financial and employment information none of Bartelstein statements. Plaintiff told an industry blogger that another employee was leaving Priority Sports & entertainment represents NBA stars Bradley... A ) ( internal quotation marks omitted ), 123 F.3d 1259 1263... Priority Sport asserts that Priority Sports ' counterclaim, it clearly relies on conspiracy! Judgment is DENIED as moot by Tellem to be his assistant when he joined the.! 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