Reminder: Here’s Dan Borislow’s statement on the lawsuit and the espnW story.
Here’s what we have. As you read, please bear in mind that these are legal documents representing one side of the case. We have not yet heard from WPS in public, nor have they filed a legal response.
– The complaint is attached. It’s fairly straightforward, setting out why Borislow is demanding reinstatement of his team.
– The motion, also attached, goes into more detail. One key excerpt (page 15, paragraph 21) explains Borislow action after withdrawing August lawsuit: “Satisfied that the League was not going to attempt to terminate the Team during the 2011 season, and believing its disputes with the League were behind it, the Team redoubled its efforts to complete the 2011 season in the most positive possible way, and dismissed the lawsuit without prejudice.”
One item worth singling out: magicJack claims several of its players continue to contact the team expressing a desire to play for the team in 2012. The team also had been contacted to play a “series of lucrative preseason international matches against professional teams in Japan.” (p. 21-22)
A guide to the exhibits mentioned:
– Exhibit A: The league’s LLC agreement (78 pages)
– Exhibit B: Operating agreement with teams (98 pages)
– Exhibit C: Sun-Sentinel feature on Abby Wambach, July 26. This is used in motion to reinforce argument that Borislow kept league afloat.
– Exhibit D: Letter from WPS lawyer Pamela Fulmer to Borislow, explaining league’s position on disputed portions of LLC and operating agreements and offering dates for meeting in person or on the phone, July 5
– Exhibit E: Follow-up letter from Fulmer offering another (earlier) meeting time, July 7
– Exhibit F: espnW story (mine) on new WPS CEO Jennifer O’Sullivan, used in Borislow motion to establish that O’Sullivan had stated publicly that the league was working to resolve dispute with him, Oct. 19
– Exhibit G: This is puzzling. It’s one page of an invoice, and I hesitate to describe it in any more detail for fear that I’m taking it out of context. In the motion, this is described as an invoice for “over $2.5 million in alleged ‘damages’ relating to the 2011 season.” The motion pegs the date on this invoice at Sept. 13 and says O’Sullivan and Fulmer said the league would not allow the team to play in 2012 if it didn’t pay. It did not.
– Exhibit H: Letter from Borislow lawyer Louis Ederer to O’Sullivan (Re: Purported Termination of Membership Interest). Letter states Oct. 25 letter fails to state grounds for terminating team, and Ederer/Borislow ask the league to state what was discussed at Oct. 25 board meeting. Ederer/Borislow also state that league failed to give Dispute Notice or opportunity for hearing — this is discussed at greater length in the motion. Letter dated Nov. 8
– Exhibit I: Response from Fulmer to Nov. 8 letter (Exhibit H) and a Nov. 7 email from Borislow to O’Sullivan (not included). Fulmer starts by informing Ederer that it’s improper for Borislow to contact O’Sullivan on legal matter without consulting WPS lawyer (Fulmer). Fulmer responds to substance of letter by saying Borislow had been invited to Oct. 25 meeting (he was, after all, a member of the board at that time) and also did not accept several invitations to hearings in June and July.
One ominous point in Exhibit I: “Finally, the League will hold Mr. Borislow accountable for any attempts at disruption of its business relationships with potential expansion teams, sponsors or other third parties such as the USSF. We again reiterate that he cease & desist immediately from making any further inappropriate contact with the League’s business partners.”
In the motion (page 19, paragraph 19), this letter is used in an effort to establish that the termination is a “new” dispute, NOT the same dispute under which magicJack had been threatened with termination over the summer.
– Exhibit J: Palm Beach Post’s Hal Habib story on magicJack termination, Oct. 27
– Exhibit K: Post/Habib story previewing first magicJack home game after World Cup, July 26
PDFs:
Duresport.com 
no luck getting the exhibits again? I seem to recall no one could get them back in the summer when Dan filed the first one?
I have them. They’re just huge.
would love to see them. If you don’t want to upload could you email them to me? If too much of a hassle no worries.
WPS must have more lawyers than soccer players on the payroll. Lawyers don’t come cheap.
To court, to court, it’s off to court we go…
WPS only has six employees. They’ve retained Pamela Fulmer for matters like this.
Well if he runs it anything like Magic Jack phone I am sure he needs attorneys for all of the stealing he manages to do to the common people