This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. 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). Here, Plaintiff's interactions with CAA and its attorneys were made in preparation for his future employment with CAA. The CFAA is a federal statute that imposes liability on anyone who intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer. 18 U.S.C. 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. Priority Sports alleges that Plaintiff and CAA conspired to commit the alleged wrongful acts described in the preceding sections, including the breach of contract, breach of duty of loyalty, and misappropriation. The Court therefore GRANTS summary judgment for Defendants on the CFAA claim. (Counterclaim 67). However, as already explained, a party seeking a continuance pursuant to Rule 56(d)(2) must show that (1) it has set forth in affidavit form the specific facts it hopes to elicit from further discovery; (2) the facts sought exist; and (3) the sought-after facts are essential to oppose summary judgment. Family Home, 525 F.3d at 827. Even crediting this testimony, which lacks foundation, there is no evidence that Plaintiff's communications with these players included solicitations to join CAA. 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. Actionable invasions of privacy must be sufficiently serious in their nature, scope, and actual or potential impact to constitute an egregious breach of the social norms underlying the privacy right. Hill, 26 Cal.Rptr.2d 834, 865 P.2d at 655. II 2225). The Chicago native was recruited by Tellem to be his assistant when he joined the organization. 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. Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. NBA Agent Client Lists - RealGM. Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. What is Mark Ruffalo's phone number? Select the players you wish to trade from the rosters below. Like, leaving the investment banking world to launch his own sports and entertainment firm in 1985. Priority Sports has failed to present any evidence that CAA committed any independently wrongful act to induce Plaintiff to breach or disrupt its at-will employment contract with Priority Sports. Furthermore, the only place in the record any ostensible support is found is in the declaration of Mark Bartelstein. Thus, courts have held that an employee may set up a competing organization without breaching the duty of loyalty. 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. If anything, Plaintiff's conduct is consistent with an expectation that absent his voluntary disclosure, the terms of his employment with Priority Sports would have remained confidential. [8] He first gained acclaim after negotiating the contract for NBA star John "Hot Rod" Williams, [2] because it made him the highest paid player in the history of team sports at the time. 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. At any rate, there is no evidence that Defendants have attempted, in this or any other litigation, to enforce the non-compete clause. Full title:Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. 1030(c)(4)(A)(i)(I). breast imaging fellowship texas; difference between nescafe classic and taster's choice; billy bowden last match 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. The Court GRANTS Plaintiff summary judgment as to the conversion claim. 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. Accordingly, the Court GRANTS Plaintiff summary judgment on the breach of contract counterclaim. Id. It further alleges that Plaintiff made false statements disparaging the quality of Priority Sports' property, goods, and/or services, which has damaged Priority Sports. 2). 11MD02250LHK, 2011 WL 4403963, at *14 (N.D.Cal. Mock Archives 2017 Mock Draft 2016 Mock Draft 2015 Mock Draft History Complete Draft History . 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. Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. Plaintiff contends, however, that the evidence refutes this allegation. 1030(a)(5)(B)(i) (West 2006)) (emphasis added). MORE> View contacts. However, California affords greater solicitude to interfering conduct in the context of at-will employment: [T]o recover for a defendant's interference with an at-will employment relation, a plaintiff must plead and prove that the defendant engaged in an independently wrongful acti.e., an act proscribed by some constitutional, statutory, regulatory, common law, or other determinable legal standardthat induced an at-will employee to leave the plaintiff. Rather, the emails Defendants viewed were stored on Gmail. Defendants have not posited, and the Court is unaware of any legitimate competing interests that would justify an employer to obtain unauthorized access to an employee's personal, password-protected email account. Info: The Goldman . Diamond Sports Group's inability to pay $140 million interest payment has Major League Baseball exploring streaming innovations. Priority Sports initially claimed that Plaintiff accessed its computers without permission and copied or deleted data in violation of California Penal Code 502(c)(1), (2), (3), (6), (7). Priority Sports accordingly asserts the following counterclaims: (1) breach of contract against Mintz; (2) breach of the covenant of good faith and fair dealing against Plaintiff; (3) breach of the duty of loyalty against Plaintiff; (4) misappropriation of trade secrets against Plaintiff and CAA (collectively, Counterdefendants); (5) intentional interference with contractual relations as to CAA; (6) intentional interference with present and prospective economic advantage and business relationships against Counterdefendants; (7) conversion against Plaintiff; (8) violation of California Penal Code 502 against Plaintiff; (9) defamation against Plaintiff; (10) trade libel against Plaintiff; (11) conspiracy against Counterdefendants; and (12) violation of the UCL against Counterdefendants. (Dkt. Mark Bartelstein is a resident of IL. By the time the subpoena motions were filed, the harm had long since run its course. 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. 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. IV(D)). 1030(e)(11) (emphasis added). Select the second team from the drop down menu. The Court therefore GRANTS summary judgment for Defendants with respect to the claims for declaratory relief. 502(e)(1). [10] In the 2015 NBA Draft, Priority Sports represented four first round picks. Conduct alleged to be an invasion of privacy is to be evaluated based on the extent to which it furthers legitimate and important competing interests. Id., 26 Cal.Rptr.2d 834, 865 P.2d at 656. The mere fact that the SCA is also part of the ECPA does not mean it covers the same theory of liability. 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. Disclose Confidential Business Information to persons not affiliated with the Company, including, without limitation, Company Competitors, without the Company's prior written consent; or. St. Uncontroverted Facts II (Dkt. Next month, this transatlantic pairing will go one step further when the restaurants executive chef, Elliott Grover will cook for The Oscars, alongside celebrity chef, Wolfgang Puck. All Rights Reserved. Michael Perrett Priority Sports Staff 2022-09-01T13:13:22-05:00. See Columbia Pictures, Inc. v. Bunnell, 245 F.R.D. 1112). ; (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. awards . (Counterclaim 34). At any rate, this error serves to highlight Priority Sports' lack of evidence that it owns the cell phone in question. Ctr., Inc. v. Fed. 35). You made your bed, you better be ready to lie in it. (Mintz Decl. Because there is no triable issue of breach or of damages, the Court GRANTS Plaintiff summary judgment on the duty of loyalty counterclaim. It defies common sense to believe that Plaintiff's subsequent legal efforts to confirm Priority Sports' involvement were essential to remedying the harm of the unauthorized access. Nunn hasn't started contact drills yet and Patrick isn't a PG, he's a 2 guard. In its counterclaim, Priority Sports alleges that Plaintiff breached his employment contract by, inter alia, (1) working for CAA prior to his resignation; (2) soliciting players on CAA's behalf prior to his resignation; (3) misappropriating Priority Sports' trade secret and confidential information and sharing it with CAA before and after his resignation; (4) failing to provide fourteen days' written notice; and (5) failing to return company property, i.e. Mark Bartelstein Age 61 - Lives in Highland Park IL 847 433-3132. Finally, Priority Sports fails to identify a single client that it lost as result of Plaintiff's failure to give notice. This lack of diligence is reason enough to disregard these allegations. Adrian M. Pruetz, Paul Benedict Salvaty, Christopher Dacus, G. Jill Basinger, Lauren M. Gibbs, Glaser Weil Fink Jacobs Howard Avchen and Shapiro LLP, Los Angeles, CA, for Mark Bartelstein and Associates Inc. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. Mark Bartelstein and Associates, Inc. was registered on Jan 13 2015 as a foreign profit corporation type with the address 325 N. LaSalle Drive, Suite 650, Chicago, IL, 60654, USA. conversion. TESTIMONIALS The passion and energy we provide our clients and their families will surpass your highest expectations. Bloomberg Daybreak Europe, anchored live from London, tracks breaking news in Europe and around the world. Priority Sports cites Additional Material Facts 47 and 48, but these cited parts of the record do not support the allegations concerning Ross and Scott. Interest in the skilful, highly technical Spanish midfielder will only increase after a surge in form. Mark Bartelstein is a resident of IL. Priority Sports argues that Plaintiff concedes to using Priority Sports' client lists to contact unidentified players via Skype on behalf of CAA. We provide email, phone, address, along with clients info for thousands of entertainment professionals. Mark Bartelstein, informed him about Golden State's interest on the first night of free agency, Young initially sounded more confused than flattered. Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. [T]he question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and realityto warrant the issuance of a declaratory judgment. Active Sports Lifestyle USA, LLC v. Old Navy, LLC, No. United States, Illinois, Chicago. (Mintz Decl. The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. 15). The GM had turned down several trade offers for the Revere High product in the past. A). Decl. The deal includes . Our in-house marketing team will help you create endorsement opportunities. We create opportunities for our athletes on and off the field, and in life beyond football. Defendants do not dispute that Priority Sports violated the terms of either 1030(a)(2) or (4). The Court therefore declines to grant summary judgment for Defendants on the UCL claim. Therefore, this does not create a triable issue as to whether Plaintiff had an expectation of privacy in the Gmail account. (Mintz Decl. Upon review, the Court finds that the undisputed facts show that Priority Sports knowingly and without permission used a computer to wrongfully obtain data, in violation of 502(c)(1). [5], Priority Sports & Entertainment, fueled by its heavily sought-after client Gordon Hayward, was the big winner in 2017's NBA free agency, leading all agencies in the total dollars negotiated so far.[when?] He knew networking would be important. He only forwarded email from the business account to the personal account when the email itself concerned personal matters (e.g., medical issues), or if he needed to print a document away from the office where he could not access the business account. 4. In fact, Ketroser stated that after Plaintiff's resignation, Kenny Zuckerman, an employee of Priority Sports, first disclosed to Ketroser that he had accessed Plaintiff's email account and discovered that his salary at CAA would be less than at Priority Sports. In sum, Defendants have failed to point to specific facts raising a triable issue of whether Plaintiff had a reasonable expectation of privacy. The Eighth Circuit reached a different conclusion in United States v. Millot, 433 F.3d 1057 (8th Cir.2006). ( Id.). G.S. The Court has already determined, however, that the evidence presented does not create any triable issue that Counterdefendants are liable for any unlawful act. II 3437). MORE> View contacts. On June 11, 2012, the Court consolidated Plaintiff's two complaints into a single case, with the first-filed action being the lead case. 15:1013, 19:79 (citing AMF 47, 55)). biz, which he used for business matters. This complaint initially was filed under a separate case number, 2:12cv03055SVWSS. Id. Accordingly, Priority Sports requests a continuance pursuant to Rule 56(d)(2). 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. Overnight on Wall Street is morning in Europe. & Loan Ass'n v. Super. And negotiating the NBA contract that made John "Hot Rod" Williams the highest-paid player in the history of team sports. California base as a point of contact for his many baseball talent contacts in the Latin American countries. gmail. As discussed above, Ames first had to hack into Plaintiff's Gmail account and open several other emails before he read the CAA agreement. Even assuming the conversation took place before Plaintiff's resignation, it is undisputed that Gibson did not leave Priority Sports to follow Plaintiff to CAA. Branch of MARK BARTELSTEIN & ASSOCIATES, INC. (Illinois (US)) Business Classification Text SPORTS AGENCY Inactive Directors / Officers. 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. Discovery Regional Sports Networks May File For Chapter 7 Bankruptcy, Why Dicks Sporting Goods Acquisition Of Moosejaw Is A Good Move, Cord Cutting Has Crushed MLB, NBA And NFL Regional Sports Networks, 2023 Lexus LS 500 F-Sport A Stylish But Tame Ride, The First Key To A Career In Sports: Relationships, 3 Ways To Make Quality A Priority For The C-Suite, Streaming Innovations Are A Top Priority Amid Diamond Sports Group Fiasco, 12 Top Priorities New CIOs Should Tackle In Their First Year, Four Trending Priorities For Insurtechs In 2023. Plaintiff cannot conjure an actual controversy by distorting Defendants' position on the notice provision. This clearly implicated Plaintiff's legally protected interest in the privacy of his employment and financial affairs. Choose at least two teams from the menus below to start your trade. 1598, 26 L.Ed.2d 142 (1970). Fed.R.Civ.P. (Compl. It must be activated by the commission of an actual tort. This argument fails for two reasons. 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. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. However, if the moving party does not bear the burden of proof, it can satisfy its Rule 56(c) burden by showingthat is, pointing out to the district courtthat there is an absence of evidence to support the nonmoving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. Music Managers. [9] Defendants are correct that under the CFAA, the plaintiff's costs are only cognizable where they arise from, This claim has three core elements: "(1) the plaintiff owned a trade secret, (2) the defendant acquired,. 27 pick Larry Nance Jr. and No. "I was nervous at first of moving away from Chicago. Likewise, a scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact. Rasmussen & Assoc., Inc. v. Kalitta Flying Services, Inc., 958 F.2d 896, 906 (9th Cir.1992). In addition, Defendants assert that during Plaintiff's negotiations with CAA, and while Plaintiff was still employed by Priority Sports, he provided CAA with a copy of his employment contract with Priority Sports. ( Id.). Plaintiff further agreed: that during the Employee's employment with the Company 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: 1. (Compl. Accordingly, there is no basis to conclude that Plaintiff has personally suffered a loss as a result of the offense. 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. Therefore, there is no basis to conclude Priority Sports was damaged. Keep raising your voices. 61), Ex. Key Principal: Mark Bartelstein See more contacts Industry: Legal services Printer Friendly View Address: 325 N La Salle Dr Ste 650 Chicago, IL, 60654-8182 United States See other locations Phone: Employees (this site): Modelled Employees (all sites): Actual Revenue: Modelled Year Started: Incorporated: ESG ranking: ESG industry average: See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000). Memorial Sloan Kettering Cancer Center New York, New York, NY, 10021. This section overlaps with Defendants' CrossMotion for Partial Summary Judgment on its claims for breach of contract and breach of the duty of loyalty. Chicago. Use (312) 664-7700 to contact Mark with caution. The protection of one's personal financial affairs against compulsory public disclosure is an aspect of the zone of privacy which is protected by the Fourth Amendment and which also falls within that penumbra of constitutional rights into which the government may not intrude absent a showing of compelling need and that the intrusion is not overly broad. Int'l Fed'n, 64 Cal.Rptr.3d 693, 165 P.3d at 493. He further averred that he has accessed the account through the website www. INTERNATIONAL Our clients have secured some of the best contracts in the international basketball world. 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. Held that a Plaintiff 's failure to give notice clients info for thousands of entertainment professionals quot ; mark bartelstein contact info nervous. 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