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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.

Newspaper editor on Michael Jordan article: ‘What other photo could be more suitable than the infamous Crying Jordan meme’

SPRINGFIELD, MA - SEPTEMBER 11: Michael Jordan to the Naismith Memorial Basketball Hall of Fame speaks during an induction ceremony on September 11, 2009 in Springfield, Massachusetts. 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 Jim Rogash/Getty Images)
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A Malawian newspaper, writing about Michael Jordan’s statement on race, used the Crying Jordan photo accompany the article.

How did that happen?

A page designer who didn’t understand the meme? A joke never fixed before printing? A staff-wide ignorance of the photo’s cultural relevance?

Justin Block of The Huffington Post:

As it turns out, the newspaper is called The Nation, or The Malawi Nation. When reached for comment on Thursday afternoon, The Nation Senior News Analyst Joy Ndovi stated that using the Michael Jordan Crying meme was intentional, and said Sports Editor Garry Chirwa picked the photo.

Chirwa told us that when he read the story, he felt that the emotions packed within Jordan’s quote, “I could no longer keep silent,” were represented in the Michael Jordan Crying meme.

“I just imagined him crying,” Chirwa wrote via WhatsApp.

Ndovi echoed Chirwa’s sentiments:

The article on Jordan reacting to the violence in U.S. was just the perfect one for the meme to be used. It depicts the emotional state of the former NBA star. Though it might seem unconventional, what other photo could be more suitable than the infamous Crying Jordan meme?

I can think of a few.

Amar’e Stoudemire: ‘My heart was in two places – Phoenix and New York. I just went where I was wanted’

New York Knicks v Phoenix Suns
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Before signing with the Knicks to retire, Amar’e Stoudemire reportedly wanted to sign with the Suns this year and last.

He essentially confirmed both accounts.

Stoudemire, via Paul Coro of The Arizona Republic:

“The last two years, we made phone calls to Phoenix but I wasn’t getting any positive response,” Stoudemire told azcentral sports on Thursday. “That would’ve been the perfect way to go out. I didn’t want to beg Phoenix. My heart was in two places – Phoenix and New York. I just went where I was wanted.”

According to the report, Stoudemire wanted to play for Phoenix next season — not just retire as a Sun. If that’s the case, I see why the team passed. The Suns have 15 players (the regular-season roster limit), are rebuilding and already have Tyson Chandler as a veteran big.

But if Stoudemire wanted sign an unguaranteed deal with the Suns then retire as a ceremonial move, it’s a little harder to explain Phoenix’s reluctance. Perhaps, the Suns were caught off guard by such a request. Nobody in memory had done something like that in the NBA. The gesture is far more common in football and baseball.

Either way, Stoudemire retiring as a Knick wasn’t designed to show a long-standing bitterness toward the Suns.

A recent bitterness toward the Suns? Maybe.

Karl-Anthony Towns dunks on poor kid (video)

Minnesota Timberwolves center Karl-Anthony Towns celebrates after hitting the game-winning shot in an NBA basketball game against the Portland Trail Blazers in Portland, Ore., Saturday, April 9, 2016. The Timberwolves won 106-105. (AP Photo/Steve Dykes)
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Karl-Anthony Towns has replaced Anthony Davis as the consensus MVP-in-waiting.

Are you ready, NBA?

Here’s a sneak preview of the Timberwolves center’s future:

Craig Sager to skip Rio Olympics to fight leukemia

CLEVELAND, OH - JUNE 16:  Legendary TNT sideline reporter Craig Sager talks with Game 6 of the 2016 NBA Finals between the Cleveland Cavaliers and the Golden State Warriors at Quicken Loans Arena on June 16, 2016 in Cleveland, Ohio. Sager is on a one game assignment for ESPN. 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 Ronald Martinez/Getty Images)
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NEW YORK (AP) — Craig Sager’s fight with leukemia will prevent the basketball sideline reporter form covering the Rio Olympics for NBC.

NBC said Thursday in a statement that the 65-year-old Sager is preparing for a third bone marrow transplant at MD Anderson Cancer Center in Houston. Sager was first diagnosed with leukemia in 2014 and announced in March that he was no longer in remission.

The Rio Games would have been Sager’s fifth Olympics.

Sager has worked for Turner Sports for 34 years. At the ESPY Awards this month, Vice President Joe Biden presented Sager with the Jimmy V Award for Perseverance.