Players consolidate lawsuits, but court ordered talks best hope


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.

DeMarcus Cousins out for Kings vs. Warriors Saturday

DeMarcus Cousins, Nicolas Batum, Marvin Williams
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As if Golden State was not already a prohibitive favorite Saturday night.

DeMarcus Cousins, who has missed the last two games for Sacramento with a strained back and that will continue Saturday. Our old friend Bill Herenda tweeted it first.

Not only are the Kings 1-6 without Cousins, but they were also on their way to beating Charlotte Monday until Cousins had to leave the game.

Golden State will likely be without Harrison Barnes in this game after spraining his ankle in the last game. Expect Andre Iguodala to get the start, or if interim coach Luke Walton doesn’t want to mess with the bench rotation he could go with Brandon Rush.

Good news: Anthony Davis listed as probably vs. Utah Saturday

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Watching Anthony Davis fall to the court clutching his knee, not being able to put any pressure on his leg as he was helped to the locker room, it was frightening Friday night in Los Angeles.

It turns out it’s not that bad. After the game the injury was described as a “knee contusion” and not the serious damage that was feared. Saturday the Pelicans said Davis was good to go.

Whew. Nobody wants to see Davis miss time.

The Pelicans had won three in a row until they ran into the Clippers Friday night. Davis has played better of late — the New Orleans defense is 7.2 points per 100 better when he is on the court — and New Orleans has gotten better point guard play out of Ish Smith.

Stephen Curry abuses Sun’s Price with behind-the-back, pull-up three (VIDEO)

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That is just cruel.

An on-fire Warriors team dropped 44 on the Suns in the first quarter Saturday, and Curry had 19 of those points going 5-of-6 from three. The Suns’ had no defender who could begin to hang with him. Certainly not Ronnie Price, who came in off the bench and got abused for his efforts.

Curry finished with 41 points, never had to set foot on the court in the fourth quarter, and the Warriors improved to 17-0 on the season. Just another day at the office for them.

Philadelphia has dropped record 27 in a row dating back to last season

Brett Brown

We tend to think of record streaks having to be in one season, not broken up across two.

But if you can suspend that, the Philadelphia 76ers are now the owners of the longest losing streak in NBA — and major professional sports — history.

With their tough two-points loss to Houston Friday night, the Sixers have lost 27 in a row. The Sixers dropped their final 10 last season and with the loss to the Rockets are 0-17 to start this one.

That bests the 26-game losing streaks of the 2010-11 Cleveland Cavaliers and these same Sixers from 2013-14. Looking across sports, the Tampa Bay Buccaneers of 1976-1977 also lost 26 in a row, which when you consider the length of the NFL season is pretty embarrassing.

The Sixers struggles are born from a plan by GM Sam Hinkie (and approved by ownership) to get better long-term by being bad now and hoarding draft picks. It’s a strategy that can work if Hinkie nails the draft picks (the book is out on how Hinkie is doing on that front). And they are committed to it through at least this draft.

But don’t think for a second the players and coach are trying to lose.

If you have watched the Sixers play their last few games you know the players are trying hard to get that victory (and almost have a couple of times). The effort is there, they are just outmatched and lack the kind of presence at the end of games to execute under pressure (something a couple of quality, regularly-playing veterans might help, but that’s another discussion). They have the point differential of a team that should have a couple wins; they just haven’t been fortunate. It happens. Go ahead and blame management if you think this plan is an abomination. Just don’t question the desire or effort of the players or coaches, that is not in doubt.

The Sixers play at the Grizzlies Sunday, then have maybe their best shot at a win for a while when they host the Lakers on Tuesday.