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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.

Harrison Barnes reveals his engagement on Twitter (PHOTO)

LAS VEGAS, NV - JULY 22:  Harrison Barnes #8 of the United States drives against Argentina during a USA Basketball showcase exhibition game at T-Mobile Arena on July 22, 2016 in Las Vegas, Nevada. The United States won 111-74.  (Photo by Ethan Miller/Getty Images)
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Despite the Warriors’ loss in the Finals, it’s been a good summer for Harrison Barnes. He signed a four-year, $94 million deal in Dallas and won a gold medal with Team USA at the Olympics in Rio de Janeiro. And maybe best of all, he got engaged on Saturday night, as he revealed on Twitter:

Congrats to Barnes and his new fiancée.

Report: Mo Williams considering retirement, could be waived by Cavs

CLEVELAND, OH - JUNE 22:  Mo Williams #52 of the Cleveland Cavaliers looks on during the Cleveland Cavaliers 2016 NBA Championship victory parade and rally on June 22, 2016 in Cleveland, Ohio.  (Photo by Mike Lawrie/Getty Images)
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Shortly after winning a title with the Cleveland Cavaliers, veteran guard Mo Williams picked up his $2.2 million option for next season, choosing to take the guaranteed money on the table for him rather than test free agency at age 33. But he might not be with the Cavs this season — the Cleveland Plain Dealer‘s Joe Vardon reports that Williams is considering retiring from playing due to lingering knee problems, and the Cavaliers could waive him under the stretch provision in the coming days.

Williams, 33, a 13-year veteran and former All-Star who played a supporting role in the Cavs’ 2016 NBA championship, is strongly considering retirement, multiple sources told cleveland.com.

From Williams’ side of this, he battled a left-knee issue for most of last season while playing in just 41 regular-season games, as his playing time dwindled once Irving returned from knee surgery and the coaching staff chose to stick with Matthew Dellavedova as Irving’s backup.

Sources said his balky knee, desire to coach — especially younger players and children — and the obvious chance to go out as a champion are weighing heavily upon him.

Vardon reports that the Cavs are considering stretching him before the August 31 deadline, but are holding off for now because they want to leave open the possibility of a trade with another team to take on his salary. Either way, it looks as though Williams is done after 13 seasons in the NBA.

Donald Trump tweets death of Dwyane Wade’s cousin why “African-Americans will VOTE TRUMP!”

DES MOINES, IA - AUGUST 27: Republican presidential nominee Donald Trump speaks at the 2nd annual Joni Ernst Roast and Ride event on August 27, 2016 in Des Moines, Iowa. Trump joined a number of Iowa Republicans who also spoke. (Photo by Stephen Maturen/Getty Images)
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I’d say the obvious — it’s sickening to turn a murder of a mom of four, a genuine tragedy, into a political opportunity — but that has become the way of politics. What line of decorum?

None the less, it’s sickening. Republican presidential nominee Donald Trump tweeted about the tragic death of Dwyane Wade‘s cousin Nykea Aldridge, who was pushing her stroller down a Chicago street this week when two men got into a gunfight (reportedly gang-related) and a bullet killed Aldridge.

Trump tweeted what you see below (actually, what is below is a tweet edited by his staff, the original one misspelled Wade’s first name, putting “Dwayne” instead):

Later, this Tweet came up, again from his staff.

(So you know, you can tell which tweets come from Trump and which from his aids based on the device used to post it.)

Trump’s Tweet is part of his recent apparent attempted outreach to minority voters, which is not about them and more about trying appease concerns of white, middle-class suburban voters (for example, outside Philadelphia, in a swing state). Polls show Trump struggling with those suburban voters, in part because they see him as bigoted.

As you might expect, Twitter unloaded on Trump for his tone deaf and incendiary Tweet. Not that he cares, people are talking about him and that seems his primary goal. Actor Don Cheadle was one of the most prominent.

It’s sad this has become a focus and not Nykea Aldridge — and what can be done to prevent the next Nykea Aldridge.

Derrick Rose and Jimmy Butler reunite at a baseball game (PHOTO)

CHICAGO, IL - APRIL 27:  Derrick Rose #1 and Jimmy Butler #21 of the Chicago Bulls wait for a member of the Milwaukee Bucks to shoot a free throw during the first round of the 2015 NBA Playoffs at the United Center on April 27, 2015 in Chicago, Illinois. The Bucks defeated the Bulls 94-88. NOTE TO USER: User expressly acknowledges and agress that, by downloading and or using the photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Jonathan Daniel/Getty Images)
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The relationship between Derrick Rose and Jimmy Butler was the subject of much scrutiny last season in Chicago. Reports of tension between the two stars never fully went away, and they proved to be an awkward fit together on the court. But any hard feelings between the two of them appear to be in the past as Butler posted a photo on Instagram of the two former teammates (and Rose’s son, P.J.) hanging out together at a Dodgers game in Los Angeles, where they both work out in the summer.