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Glimpse inside Florida courtroom raises more questions in WPS-Borislow case

Today’s espnW story hints at the direction the WPS-Borislow legal proceedings will take in the wake of league’s decision to suspend the 2012 season.

A key issue: Would U.S. Soccer allow exhibition games between a magicJack exhibition team and WPS teams? WPS says definitely not. Borislow’s legal team says it wasn’t cut and dried, and in any case, the court transcripts show that the deal wasn’t even dependent on that.

Look at these court transcripts and decide for yourself. First up, the court hearing that was supposed to be a four-hour session on “irreparable harm” but instead became the announcement of the deal:

Then the telephone conversation between the parties and the judge:

I’d love to hear everyone’s comments.

The other news today: Abby Wambach appeared at a celebration in Kansas City, and ESPN’s Mechelle Voepel was there to get a word with her. The quote getting the most attention:

The truth is that the responsibility is all of ours. Nothing rises or fails with one person. We all need to step back, look at ourselves, and take responsibility for all of the things. Nobody is talking about the amazing things Dan did and how he treated his players. Everybody focuses all the attention on the negative. And that’s not how we’re going to get the WPS back and running. You can’t build something great on negativity. It has to be in a positive manner.

That’s not going to calm magicJack critics, who think players were so content with their salaries and creature comforts that they turned a blind eye to the issues raised by the league, the union, Ella Masar and others. And when you have WPS founders like Peter Wilt saying the whole thing needs to be scaled way back, you have to wonder how many other investors would be willing or able to step forward and match the “amazing things” Wambach’s describing.

But Wambach has also called for people to lose the egos and get past the issues that have come between them. Judge Sasser could very well order people to do that next week. We’ll see how that goes. And as one lawyer says in the transcripts, the devil is in the details.

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Borislow: Let’s reiterate a deal

On Jan. 18, I reported the following:

Women’s Professional Soccer averted another court date with magicJack owner Dan Borislow on Wednesday, reaching a deal that allows his team to play an exhibition schedule in 2012 and 2013. Borislow said he has put his temporary injunction suit on hold; the suit was intended to stop the termination of his franchise.

The details of the deal need to be finalized and the plan must be approved by U.S. Soccer.

The Deal was first reported by a mysterious Twitter person who has since deleted the tweets. But it was Borislow who was most enthusiastic about it, though our mysterious eyewitness told the world that “Fitz, O’Sullivan all seemed happy.” (That would be Atlanta Beat owner/WPS board chairman T. Fitz Johnson and WPS CEO Jennifer O’Sullivan, of course.)

News of The Deal even reached Deadspin, thanks to the fabulous (and since-departed) Emma Carmichael, with the classic headline “The Banned Boca Raton Women’s Professional Soccer Team Will Keep Playing In Zombie Form.”

And yet WPS, for its part, never publicly acknowledged such The Deal. The league didn’t acknowledge much of anything.

You may have heard this week that the news has turned a little sour.

In Monday’s conference call about WPS suspending its 2012 season, O’Sullivan addressed The Deal: “What the ownership and league have been struggling to do is put the focus back on the players and this game. We were willing to consider that as an option in order to accomplish that goal.”

This morning, we learned from Beat beat writer William Bretherton that WPS owners were downplaying The Deal. And Johnson thought info about The Deal “was put out when it shouldn’t have been.”

That, of course, is the unfortunate part about going to court. If you’re read all the legal docs that I’ve put out through this site and espnW, you’ll see a lot of things that both parties might not want the public perusing. And The Deal can’t be kept secret when it’s being discussed in a public court hearing. As I said to our mysterious Twitter witness, “FINALLY! The deal is public!!!”

The details, though, were not described in public. And William quotes Philly owner David Halstead as saying WPS and Borislow were on different wavelengths.

Want to know what Dan Borislow has to say about The Deal? Let’s check the motion his legal team filed Monday:

The first paragraph complains that WPS is blaming Borislow for the suspension of the season and, for reasons that aren’t clear to me, boasting that Borislow was likely to win his case. The second paragraph says there’s no point in having a Feb. 1 hearing on an injunction if the 2012 season doesn’t exist, suggesting that the parties meet by telephone instead. (That meeting has apparently taken place.)

Then it gets interesting (emphasis mine):

Further, as the parties reported to the Court at the January 16, 2012 hearing, the parties have already reached a complete settlement of this case on agreed terms, certain of which were read into the record. Notwithstanding the latest announcement by Defendant, it continues to be Plaintiffs’ position that this is a settled matter. The only open issue, that is, U.S. Soccer Federation approval, remains pending, and Defendant has a continuing duty to cooperate in good faith in such efforts. It now, however, appears that defendant is attempting to renege on the settlement.

And then the fourth paragraph says, “Hey, we still have a deal.”

So what have they agreed to do, and what might Judge Sasser — who has already ruled against WPS even on issues that seemed to be cut and dried such as jurisdiction of this case — compel WPS to do?

I’ve written a check to the State of Florida and filled out a request form to get audio recordings of the Jan. 16 hearing and the telephone hearing. It might take a few days, but I’ll let you know.

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Today in WPS and the Florida courts

Dan Borislow won part of his case in Florida, with the court saying WPS improperly terminated his magicJack team while reserving judgment on “irreparable harm” and other issues of the case. A hearing on Jan. 18 will address the rest. (Skip toward the full circuit court ruling if you like.)

This evening, WPS released a statement from CEO Jennifer O’Sullivan:

“We are extremely disappointed with the court’s findings and will consider our legal options.  Mr. Borislow’s abusive behavior and blatant disregard for League rules were a clear breach of contract and led to the Boards’ dismissal of magicJack as a franchise. His statements and actions negatively impacted the league’s business including efforts to attract expansion teams and sponsors, jeopardized player safety and threatened the very integrity of the League.

“WPS owners took several measures to rectify the situation before making the difficult decision to dismiss Mr. Borislow from the League. If the court rules to reinstate the franchise, my fear is that ownership will seriously consider folding the League, thus ending professional soccer for women in the United States.”

No one else has commented today (not to my knowledge, at least — please let me know otherwise), but in checking with several teams, it appears Friday’s draft is still set to go on as scheduled.

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The WPS vigil: Nov. 30 update

The WPS saga is starting to creep out beyond the women’s soccer media into some other outlets:

  • The Soccer America headline “History isn’t on WPS’s side” doesn’t quite tell you what’s in Paul Kennedy’s analysis. History isn’t on WPS’s side in the sense that World Cup booms typically don’t last. (Not mentioned here: That’s also true in men’s soccer. Or any Olympic sport, frankly.) Kennedy states two points well worth remembering. First, WPS doesn’t have its Anschutz or its Hunt, someone with extraordinarily deep pockets who has demonstrated that he’ll stick it out no matter what. (Little wonder the Twittersphere reaches out to Ellen DeGeneres, Oprah Winfrey or, more curiously, Rachel Maddow. Being on TV doesn’t make you a megamillionaire, folks.) Second, if WPS fails, it’s likely to be a long time before we see another Division I league. We’ll get back to this point.
  • The head of women’s soccer for FIFA, Tatjana Haenni, hopes WPS survives. That’s not the most interesting part of this AP story. Check out Eniola Aluko, saying she was fortunate to play for a big salary in the league’s first year and that it should’ve been more conservative from the get-go.
  • Venerable soccer writer Frank Dell’Apa summarizes the story for Boston.com. The suggestion that WPS terminated magicJack “mistakenly having been assured a replacement had been lined up in Connecticut” is interesting. I’d like to find out more about that. Surely the league would deny it, and in any case, they seem to have reached their breaking point with Dan Borislow no matter how many teams they had.
  • Player signings! Anita Asante and Carolyn Blank will stick with Sky Blue.
  • Fox Sports Southwest pounces on Megan Rapinoe’s Tweet to Dallas Mavericks owner Mark Cuban, imploring him to buy a team. Cuban’s HDNet once broadcast MLS. But the reality check here is that it would be awfully difficult to start from scratch and start a team.
Back in our cozy women’s soccer world, Lauren Barker adds some levity (and insight) in a post at All White Kit.
The big argument for WPS overnight: Anthony DiCicco (not the former WUSA commissioner or Breakers coach) offers a long, eloquent open letter offering unsolicited advice for everyone involved — the league, U.S. Soccer and fans.
  • To the fans: Twitter isn’t going to help. (This is where I disagree — Twitter is a useful rallying point. If it’s the end result, maybe that’s a bad thing. But it’s a convenient place to start.)
  • To the league: Put forth a compelling, sustainable vision.
  • To U.S. Soccer: Yeah, we know the league is flawed, but come on! Do you really expect to have a competitive national team without a top-level league?
He actually sounds a lot like Kate Markgraf, though Markgraf might be more of a Twitter fan than he is. (And again, apologies — Markgraf certainly wasn’t “ranting” in any pejorative sense. She made a good strong case, particularly given the limitations of Twitter.)
Back to the other front of WPS’s current battles — I asked Dan Borislow if he had a court date for his lawsuit yet, and his response was, “Wed for venue.” WPS has argued that Florida lacks jurisdiction over this suit, and that Borislow should’ve filed in Delaware’s Court of Chancery. Borislow has said he’ll pursue justice wherever he needs to go — I was joking when I said “Mars,” but I take him to be quite serious. I’m not sure moving the case helps either party. A delay would surely irritate Borislow. And it might leave the league in limbo a little bit longer while it tries to line up sponsors and perhaps another team, all while the clock is ticking.
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All the Borislow-WPS legal documents (so far)

Plenty of people have been asking to see the exhibits. Careful what you wish for. See the whole thing at Scribd. Some language NSFW.

Links to the individual documents follow (since I can’t get the Scribd widget to embed here) …

Previously linked here:

Borislow’s exhibits

  • Exhibit A: WPS LLC agreement
  • Exhibit B: WPS agreement with teams
  • Exhibit C: Sun-Sentinel feature on Wambach
  • Exhibit D: Letter from WPS attorney Pamela Fulmer on summer dispute
  • Exhibit E: Follow-up letter from Fulmer
  • Exhibit F: espnW story on new CEO Jennifer O’Sullivan
  • Exhibit G: One page of an invoice. WPS disputes that it sought $2.5 million from Borislow. There’s no context in this invoice, so it’s very difficult to tell what’s being sought.
  • Exhibit H: Letter from Borislow attorney Louis Ederer on “purported termination”
  • Exhibit I: Response from Fulmer to Ederer
  • Exhibit J: Palm Beach Post story on termination
  • Exhibit K: Palm Beach Post story from summer

WPS exhibits

  • Exhibits 1-15: BoingBoing story on Borislow’s suit against their site, email exchanges over sponsor signage, email from Briana Scurry, and a couple of insulting emails.
  • Exhibits 16-28: League notice of several violations from first magicJack home games and from public comments.
  • Exhibits 29-40: Atlanta Beat protest, email exchange over whether Borislow contacted bench during suspension, union grievance.
  • Exhibits 41-62: All about the termination.

And that’s all for now.

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WPS rips Borislow in legal documents

Update: My story on the situation has been posted at espnW.

For those just joining us: Dan Borislow, who turned the Washington Freedom into a star-studded South Florida team called magicJack last year, is suing WPS over his termination from the league. See the legal documents on his lawsuit, the espnW story on the suit, Borislow’s statement on the suit, and Borislow’s second statement after WPS was not immediately granted Division I status with five teams for the 2012 season.

Today, I’ll have another story at espnW on the league’s response to the lawsuit and U.S. Soccer’s decision to delay Division I sanctioning for next season. In the meantime, I have the league’s legal response to the suit (“opposition to motion”) and its motion to dismiss the suit. They’re PDF files, of course:

Opposition to Motion

Motion to Dismiss

WPS is seeking dismissal of the suit plus legal fees for this suit and the August lawsuit.

 

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Borislow: Reasons WPS is dead, how to save it

Update: From Philadelphia – “The accusation that the franchise offered $6,000 to a WNT member for the year is completely false.  The Independence has been in talks with WNT members and none of them have been offered the amount put forward by Dan Borislow’s statement.”

Original post: The dispute between magicJack owner Dan Borislow and Women’s Professional Soccer could have an impact beyond the courtroom. Over the weekend, U.S. Soccer decided not to sanction WPS as a Division I league next season — for now. U.S. Soccer says it’ll give WPS 15 days to expand from its current five teams to six.

Two ways to read that decision:

1. USSF will sanction WPS but wants to give it a little more time to nail down a deal for an expansion team. No point in sanctioning five right now if there’s a significant chance of having six instead.

2. USSF has given WPS an ultimatum — get a sixth team, or you’re not Division I.

The latter would be a major problem. If WPS isn’t a sanctioned Division I league, there’s no way U.S. national team players would participate. (They’re already hesitating to sign up for next year, multiple sources have said.)

A sanctioned Division II league really wouldn’t make a lot of sense. Why have only five pro teams in a league when they could just as easily join one of the existing pro-am leagues (WPSL or W-League)?

Another option: Just take a year off, given the fact that the Olympics will pose a major conflict in the first place (assuming the USA qualifies, which is not a safe assumption). Perhaps teams could play a brief exhibition season, which would provide a nice change of pace from residency and friendlies — which also cost U.S. Soccer a considerable sum of money.

No one has raised that option in public, though Borislow suggests a one-year hiatus below. But WPS and USSF aren’t saying anything in public right now. They’ve made it clear that they prefer to keep their discussions private.

That’s not the Dan Borislow way. The following statement includes a few substantive disagreements over the direction of the league — how much to pay players, how much emphasis to put on U.S. national team players and so forth. It also includes a few petty insults of a few of the league’s officials.

I feel compelled to point out that some of the things stipulated here are not verified. The accusations that the league “extorted” and “stole” from magicJack without due process will be argued in court, unless the parties settle before that date. We don’t know CEO Jennifer O’Sullivan’s compensation or Philadelphia’s contract offers.

Several league officials have been contacted for comment. They may choose not to comment because litigation is pending, and if they choose not to speak, their silence should not interpreted as acceptance that the following statement is accurate.

With all those disclaimers out of the way, here is Dan Borislow’s statement.

The 10 reasons the WPS is Dead and the only possible life support

1. The Governors thought they were bigger than the rest of organized soccer. They never follow rules including the USSF rules. The Governors and their coaches oversize egos thought they could have a successful league without the best US National team players. They have no idea it’s all about these players.

2. They hire “yes” CEO’s who cannot control their constant misbehavior and bad decisions, therefore there is no checks and balances.

3. Mike Stoller and the Boston Breakers are a solid pair, but they will never close their investors to keep the team alive after the league stole the magicJack team without due process. Who could ever give somebody money knowing the other side has a history of stealing it after extorting the investor for even more money?

4. After the owners find out what the teams want to pay Women, they will bail on the team and the league. I believe the owners of NJ haven’t a clue of what their Governor is doing. I do not believe a person who owns Bed, Bath and Beyond can support a league who wants to pay Women close to what the average income is in the poverty line. These Women would be better of on welfare in many cases. Recently Philadelphia offered a US WNT player $6,000.00 for the year.

5. The proposed pay schedule would have an inexperienced CEO of the league get paid more than what the whole starting team of the US Womens National team get paid. The CEO will make almost as much as what Atlanta wants to pay all their players combined.

6. The league hasn’t an idea of what the product should be. To me ,it is so obvious when we saw Abby’s name being chanted so loud at AWAY games. These games are like rock concerts, where they are just looking for the best performance from World Wide stars. Most teams believe the league can prosper without these type of players. They believe a competitive game is the key. The fans can care less. They want to see Abby, Hope, Christie, Meg and Shannon.

7. The league grossly miscalculated almost every important decision. They first extorted and stole money from magicJack and then when that didn’t work, they seized the team without due process, never thinking they needed a sixth team to be certified a Division 1 team when they are supposed to have 8 teams. They actually think our best WNT players will degrade themselves and play in a Division 2 league without pay. The best players look to endorsements to make a fair living. Who wants a Division 2 player endorsing their product? Injure themselves for what?

8.The league will lose it’s litigation with magicJack and the only chance it had was to listen to us about what the product should be and how to build it. It takes an investment to build something good. They want to pay a worse than worthless CEO and most of the other league leaders, but they dont want to pay the players. What kind of professional sports league is this? It reminds me of the NBA who pays their leader $20 Million a year? are you kidding me and where are they now? Part of the whole problem of the NBA is what this one person makes. But at least he does not get paid more than a whole team does. They will lose the litigation because they are wrong and think they are above the law, the USSF and the players.

9. The league never realized they were in a crisis situation. They thought once they had magicJack save the league, that they would use us as a place holder until they found another sucker who would bow to their demands. I begged and pleaded with the Governors to act like they were in a crisis situation, but like most Bankruptcy situations, the owners don’t know they are dead even after they are sitting in Bankruptcy court. It’s will be a remake of the “Night of the Living Dead”

10. The league is represented by one of the the dumbest lawyer’s, Pam Fulmer who is actually involved in the conspiracy to attempt to destroy magicJack. The league has three Governors who couldn’t run a lemonade stand. They have coaches who couldn’t train Lassie to bark. I genuinely feel sorry for Boston and New York who wanted to put on a great show and willing to make the investment to do so.

magicJack believes to save the league, the WPS needs a whole new management team, lawyers, business plan which includes wanting to pay the real Pros real money. All the players would have to become free agents again. The league should ask for a one year hiatus from the USSF and get its act together during that time, including getting owners who can afford to make the proper investment. With the Olympics and all the current controversy, it can never be a successful year for the league. Philadelphia and Atlanta must be replaced for they will never understand what will make this league succesful. New Jersey needs to replace it’s Governor. A reporter said that the players should potentially play this season for the betterment of women’s soccer. This notion is ridiculous, for all of the Women in the world, they should seek some form of equality when they are the most successful soccer team in the US and one of the most succesful -Men or Women-in the World. This league is not good as it stands,it needs a major overhaul. Just because the great majority thinks something is right,doesn’t make it right. Some of the greatest tragedies in the World were premised on that line of thinking. It takes a lot more courage to do something different than the rest of the crowd, but it doesn’t take any courage if it is the ethical thing to do.

Albert Einstein quote:

A question that sometimes drives me hazy: am I or are the others crazy?

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How and how not to change the U.S. soccer landscape

(Yes, I’ll get to WPS, magicJack and even promotion/relegation in this post. But it needs some background.)

The United States has been a graveyard of soccer leagues. The reasons are many: The scattered population and ensuing high travel costs, the cultural antipathy toward a game that wasn’t invented here, and the dominance of the Big Three and a Half team sports.

Another reason is that it’s nearly impossible to get everyone on the same page. Plenty of people have their own ideas on how to run a soccer league, and inevitably, the leagues, teams, players and fans get caught in the crossfire of egos. Let’s spend wildly on players! Let’s go indoors! Let’s go indoors but change the scoring system! Let’s blast music during the game! Let’s confine players to a particular region of the field and give them ankle bracelets so they don’t veer outside that zone!

(If you don’t find my summary here or in Long-Range Goals sufficient to make this point, read David Wangerin’s Soccer in a Football World. And note that he has another book out on the USA’s missed opportunities.)

Though the state of U.S. soccer in 2011 is a bit better than it was in 1988 or 1960 — or just about any year you could find prior to World Cup 1994 — we still have plenty of people who are convinced they know better. “X, Y and Z failed,” the argument goes, “so I must know better.”

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