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Players consolidate lawsuits, but court ordered talks best hope

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If you were holding out hope that David Stern and Billy Hunter were going to be having pleasant phone conversations over the holiday weekend, and that the NBA on Christmas still could happen, well, we’re sorry.

The next NBA owners and players negotiations will likely be because a judge ordered them, a source close to the labor dispute told ProBasketballTalk.

Those talks — and maybe a settlement out of them — would happen in the coming weeks, in time to have a partial NBA season. And when those talks start there will be significant pressure on both sides to reach an agreement, more than there has been at any point up to now.

On Monday, the players voluntarily withdrew their case in Northern California and will amend their case in Minnesota. It is now a consolidated case of the two, but still a class action on behalf of the players, something attorneys for the players said would speed the process along. Carmelo Anthony remains the first name on the lawsuit, other players listed include Chauncey Billups, Kevin Durant, Steve Nash, Rajon Rondo and more.

The league responded to that with some legal jabs, because that’s what they do.

“We assume that (lead players attorney David) Boies was not happy with either the reassignment of the case from Oakland to San Francisco or the fact that the new judge scheduled the first conference for March 2012,” said Rick Buchanan, NBA Executive Vice President and General Counsel. “This is consistent with Mr. Boies’ inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims.”

The league was forum shopping with its preemptive lawsuit back in August, but whatever. The league has until Dec. 5 to answer the claim, they likely will do by calling the union’s “disclaimer of interest” a sham. Bottom line for fans, if it comes to the judge deciding this case you can kiss the current season goodbye. Fans need to hope for a different resolution.

Over the weekend, we had passed along a report that there had been some recent “back channel” negotiations going on between the league and the players association.

That talk is “nothing significant” PBT was told. That’s not going to help.

Instead the battle remains on the antitrust legal front. The players’ attorneys are pushing for summary judgment (not an injunction, as the NFL tried and failed to get). Still, summary judgment hearings would not happen until the spring (April or May), which means by then the 2011-12 NBA season would be lost.

Hope of a partial season springs from the fact in the next few weeks (likely after Dec. 5) we can expect the judge to order more mediated negotiations between the two sides, PBT was told. Mandated mediation is commonly part of anti-trust lawsuits, essentially a chance for the judge to make sure the two sides really want to go down this path. To give the sides one more chance to settle their differences without a judge involved. (It is possible one side picks up the phone and calls the other to ask for a negotiating session, but that is the less likely scenario. The owners have said they wouldn’t do that and players attorney Boies said he would not because the league is not receptive.)

A judge likely will order mediated negotiations by the middle of December if not before, according to the source. Talks would start soon after. This would be similar to the talks when federal mediator George Cohen sat down with the sides last month.

The one key difference would be the level of pressure on both sides to figure this out — the players do not want to lose a season of salary ($2.2 billion), the owners do not want to lose a season of revenue (at a much higher percentage for them than the last deal), plus neither side wants to damage the game by costing a full season. What is the point of fighting over how to divide up the revenue pie if the pie itself gets smaller?

In addition, the threat of summary judgment — which would certainly be a huge loss for whichever side did not convince the judge of its case — is another motivation for both sides to figure this out.

The challenge is that people from both the owners and players have suggested they will come into the next negotiations with the last offer they made off the table. Stern has threatened a “reset” offer of 47 percent of BRI for the players and a “flex cap” that is really a hard cap. The players have suggested in kind their last offer of a 50/50 BRI split with more system issues leaning in their favor is something the owners may never see again.

This is not where either side wanted to end up. Union officials have said that the disclaimer of interest was the route of last resort — they wanted to negotiate in good faith. That’s why they didn’t decertify in July or August, they thought this could be worked out. After David Stern’s last ultimatum they felt they had no choice. League officials will tell you they expected this — which is why they filed a preemptive suit back in August — and that the union had bad timing to do disclaim interest now. The league says it has given far more than many owners wanted just to make a deal.

For better or worse, the courts are involved now. For fans they can just hope that the upcoming mediation sessions will turn out different than the last ones.

Seth Curry, Mavs hand Heat third loss in 19 games with 96-89 win

Dallas Mavericks guard Seth Curry (30) shoots against Miami Heat center Hassan Whiteside (21) during the second half of an NBA basketball game in Dallas, Monday, Feb. 27, 2017. The Mavericks won 96-89. (AP Photo/LM Otero)
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DALLAS (AP) — Seth Curry scored 29 points, Harrison Barnes added 24 and the Dallas Mavericks beat Miami 96-89 on Monday night, handing the Heat just their third loss in 19 games.

Curry looked a little like famous older brother Stephen Curry of Golden State by hitting two long 3-pointers in the fourth quarter, the latter giving Dallas a 90-89 lead. The Mavericks rallied from 14 points down in the first quarter and let an 11-point third-quarter lead get away.

Two games after scoring a career-high 31 points in a loss at Minnesota, Curry was 5 of 7 from long range to help the Mavericks improve to 2-0 with forward-center Nerlens Noel, who came from Philadelphia before the trade deadline.

Goran Dragic scored 24 points for the Heat, who went scoreless over the final 4:37 as a three-game winning streak ended.

Hassan Whiteside, a free agent target for Dallas last summer, had 19 points and 19 rebounds. Now the Mavericks are preparing for a future with the 22-year-old Noel, who had a crowd-energizing block from behind on Whiteside and finished with six points and six rebounds.

Dragic finished a 9-0 Heat run with a 3-pointer that bounced high off the front of the rim and went in for an 89-84 lead. But Miami missed its last seven shots, and the Mavericks scored the final six points on free throws after Curry’s go-ahead shot.

Curry scored 11 points in the second quarter, including a three-point play that gave Dallas its first lead at 48-46 after the Mavericks trailed by 14 in the first quarter. He had another flurry late in the third, hitting a long 3 and a pull-up jumper for the final five points as Dallas took a 78-69 lead into the final quarter.

TIP-INS

Heat: C Willie Reed won’t need a boot or crutches to treat bursitis in his right ankle. Coach Erik Spoelstra said Reed was day to day. … The visit to Dallas was the Miami’s last road game against the West this season.

Mavericks: Coach Rick Carlisle said G J.J. Barea is at least a week away from returning from a left calf strain that has sidelined him the past 16 games and for 33 of the 41 games he has missed this season. … G Quinn Cook, undrafted in 2015 out of Duke, made his NBA debut a day after signing a 10-day contract, getting two points and two assists in 17 minutes. … Seth Curry had a big night while his brother had a most miserable one. Stephen Curry was a career-worst 0 for 11 from deep in the Warriors’ win over Philadelphia on Monday.

 

LeBron James shakes off strep throat, leads Cavs past Bucks 102-95

CLEVELAND, OH - FEBRUARY 27: Rashad Vaughn #20 of the Milwaukee Bucks guards LeBron James #23 of the Cleveland Cavaliers during the second half at Quicken Loans Arena on February 27, 2017 in Cleveland, Ohio. The Cavaliers defeated the Bucks 102-95. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Jason Miller/Getty Images)
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CLEVELAND (AP) — LeBron James returned from a bout with strep throat and scored 24 points, Kyrie Irving added 25 and the Cleveland Cavaliers held off the Milwaukee Bucks 102-95 on Monday night.

James missed Saturday’s loss to Chicago – the Cavs fell to 0-4 this season without their superstar – and was listed as questionable before arriving at Quicken Loans Arena. He looked fit from the start, delivering an early dunk and adding one in the fourth that he capped by screaming, “That’s and one!” at MiIwaukee’s John Henson, who fouled him.

James’ dunk triggered an 11-0 run that helped put away the Bucks, who were within 86-85 midway through the fourth.

Malcolm Brogdon scored 20 to lead Milwaukee, and Bucks All-Star Giannis Antetokounmpo scored just nine on 4-of-13 shooting.

The Bucks may have sustained a costly injury as forward Michael Beasley sprained his left knee in the first half. Beasley’s knee buckled grotesquely as he tried to defend James on the baseline. He scored 11 points before going down and had to be helped to Milwaukee’s locker room.

Looking to stay on top in the East, the Cavs signed free agent point guard Deron Williams before the game.

The three-time All-Star gives Cleveland depth, someone to lead its second unit and a reliable backup for Irving. Williams negotiated a buyout of his contract last week with Dallas before being waived and informing the Cavs he wanted to join them and try to win a title.

Cleveland is more than happy to add him to a bench that has improved in the last month with the additions of Kyle Korver and Derrick Williams, who combined for 27 points in the win.

There’s also a chance the Cavs could sign free agent center Andrew Bogut, who was waived by Philadelphia on Monday and is being courted by several teams.

Derrick Williams beat the horn ending the third quarter by dropping a 3-pointer from 35 feet to give Cleveland a 77-73 lead entering the fourth.

The Cavs were down by seven earlier in the quarter before going on a 13-0 run.

TIP-INS

Bucks: Beasley started for G Khris Middleton, who didn’t make the trip as part of the team’s plan to rest him in back-to-back games. He missed three months with a torn hamstring. … G Matthew Dellavedova spent part of the pregame meeting with former Cavs teammates and coaches. He received his diamond championship ring on Milwaukee’s previous visit. … Coach Jason Kidd said it’s a treat getting to watch Antetokounmpo develop. He’s the only NBA player leading his team in points, rebounds, assists, blocks and steals. “It’s a great seat to have,” Kidd said. “When you’re able to see for the last three years, his growth and understanding, how fast he picked up things and how much he wants to be good in this league.”

Cavaliers: Irving became the eighth player in team history with 2,000 career assists. … While James was better, coach Tyronn Lue was under the weather and awaiting results on a strep test. … Deron Williams received a loud ovation when he was introduced during the fourth quarter. He has worn No. 8 throughout his career, but will don 31 for Cleveland. “My first high school number was 31,” he said. “I wanted a single number, but all of them were pretty much taken, so I went with 31.”

 

Dwight Howard pushes Al Horford, gets technical, later ejected for hanging on rim

Atlanta Hawks center Dwight Howard (8) drives past Boston Celtics center Al Horford (42) during the second quarter of an NBA basketball game in Boston, Monday, Feb. 27, 2017. (AP Photo/Charles Krupa)
Associated Press
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It ended up working out for Atlanta — the Hawks went on a 22-11 run after Dwight Howard was ejected, then hung on for a comfortable win 114-98.

Still, Howard found a way to get tossed. He did it two separate technical fouls in the third quarter. The first came when he shoved Al Horford after the Celtic big fouled Howard under the basket (always a smart move rather than give up a dunk).

The next came a few minutes later when Howard slammed then pulled himself up like a pull-up on the rim, an automatic tech every time.

That’s technicals 10 and 11 on the season for Howard. He’s got some work to do to catch up with DeMarcus Cousins, but still he’s racked up a few.

It just didn’t matter on Monday, with Dennis Schroder leading the way with 21 points for the Hawks.

 

DeMar DeRozan drains game winner to cap 37-point night, Raptors beat Knicks 92-91

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With Kyle Lowry out until around the start of the playoffs, a lot is going to be asked of DeMar DeRozan. Monday night at Madison Square Garden, he delivered.

The Raptors needed a bucket as time ran down, not only got the ball to DeRozan but got the switch so Derrick Rose was guarding him, and that allowed the Raptors star to get to his spot, rise up and bury the midrange jumper for the win.

It capped off an impressive 37-point night for DeRozan — he’s going to need to do more of this in the coming weeks.