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.

Damian Lillard scores 40, hits game-winner to beat Suns (VIDEO)

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PHOENIX (AP) — Passing the ball inbounds at a critical time proved too big a challenge for the sputtering Phoenix Suns. So, Damian Lillard got one final chance.

Of course, he came through.

Lillard scored 40 points, the last two on a driving layup with nine-tenths of a second to play, and the Portland Trail Blazers rallied from 15 down in the final 7 1/2 minutes to beat Phoenix 106-104 on Saturday night, the Suns’ ninth straight loss.

Lillard called it one of his “more significant performances” of the season.

“Obviously, Damian was huge, showed his leadership, showed his talent,” Portland coach Terry Stotts said. “We overcame a horrendous shooting night for most of the night and found a way.”

Lillard, who scored 19 points in the fourth quarter, got the final chance because Phoenix’s Troy Daniels couldn’t get the ball inbounds on a five-second call that turned possession over to Portland with 20.6 seconds to play.

“We knew they didn’t have any time outs left,” Stotts said, “so we gave it a shot and made some good reads and didn’t give them any outlets.”‘

Devin Booker scored 30 points for the Suns, losers of 14 of their last 15.

His two free throws gave Phoenix its biggest lead, 93-78, with 7:26 to play. Lillard triggered the subsequent 18-4 outburst that caught the Suns at 97-97 on his 3-point play. Booker’s fifth and final 3-pointer gave the Suns a 100-97 lead with 2:19 to go. Lillard’s 3 tied it at 100 with 1:10 left.

Booker’s powerful driving basket put Phoenix up 104-102 with 33.6 seconds to go. But, after a timeout, Lillard’s step-back 15-footer tied it at 104-104 with 28 seconds left. The Suns called time out to set up the play but, on the sidelines, Daniels couldn’t get the ball inbounds for the five-second call.

“We had no timeouts. I didn’t see anybody open. If I did, I would have thrown it obviously,” Daniels said. “I’ve been in that position a lot of times, but like I said, it’s tough to be in that position when you have no timeouts. You learn from and you get it better.”

On the play, Portland’s CJ McCollum said “I just tried to take away Booker.”

“I saw how they were set up and I just guarded him normal and when I turned and saw him run toward half-court I just shaded toward him,” McCollum said.

Booker never broke open, Daniels decided not to chance it, and the last opportunity was gifted to Portland.

“There was 20 seconds left and I just wanted to make sure I got the last shot,” Lillard said. “I really just wanted to get the clock down, keep it towards half-court where it is further out and I can get downhill. I took a peek, the clock was at six and I got downhill.”

The Blazers, coming off a win at Utah the previous night, have won three straight and five of six.

The game was tied 10 times before Portland finished the first half with a 7-2 spurt take a 55-50 lead at the break.

But the Suns turned it on in the third quarter, outscoring the cold-shooting Blazers 31-16. Portland scored the first five of the second half to take its biggest lead, 60-50. But Phoenix overwhelmed the Trail Blazers 29-5 to go up 79-65 on Booker’s 3.

 

Russell Westbrook, Paul George call out Zaza Pachulia for “dirty” fall on Westbrook

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Zaza Pachulia has a reputation. The league even created a rule — the “Zaza rule”  — after he stepped under Kawhi Leonard last playoffs and twisted the forward’s ankle, ending Leonard’s playoffs and the Spurs chances.

Then Saturday night, as the Warriors pulled away in the second half and routed the Thunder, this play happened, where Pachulia fell on Westbrook’s leg.

While there was some contact, was that really enough to knock Pachulia over? It doesn’t look like it, it looks intentional, but remember Pachulia falls into a lot of guys — including Kevin Durant last season. This, however, was ugly.

After the game Westbrook and Paul George called Pachulia out.

Even the Celtics’ Kyrie Irving chipped in on this.

It will be interesting to see if the league does follow up. There is some history here.

After two lopsided losses to OKC, Kevin Durant leads Warriors rout

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OAKLAND, Calif. (AP) — Kevin Durant scored 28 points for Golden State while avenging an embarrassing home loss to his former Oklahoma City team earlier this month and another on the road in November, leading the Warriors past the Thunder 112-80 on Saturday night.

Stephen Curry added 21 points with five 3-pointers, nine rebounds, six assists and three steals as Golden State put on the kind of defensive performance coach Steve Kerr has been seeking from the defending champs.

Russell Westbrook had 15 points, 12 rebounds and seven assists for Oklahoma City, which failed to reach 100 points for the first time in the last five games. The Thunder had scored at least 100 in 14 of their last 16.

Durant’s pretty layup off a perfect pass by Curry with 3:06 left in the third put the Warriors up 75-66. That was part of a 37-11 Golden State run that included 30 points over the final 8:48 of the third – when Zaza Pachulia subbed in to relieve JaVale McGee.

The Warriors held Paul George to five points. George’s 3-pointer at the 7:52 mark of the third with Durant’s hand in his face was his first basket after going 0 for 9 to begin the game. He finished 1 for 14 after going off for 38 points in the last meeting when Oklahoma City left Oracle Arena with a 125-105 rout on Feb. 6.

Golden State also lost at OKC by 17 on Nov. 22.

Draymond Green added 10 points, eight assists and five rebounds. He picked up his 15th technical of the season with 1:04 left in the first half, moving him within one of an automatic suspension. That came after Durant and Carmelo Anthony pushed, shoved, yelled from close range and had to be separated, receiving double technicals.

It was a testy rematch after the Warriors received five technical fouls in the previous meeting. That prompted general manager Bob Myers to address the importance of keeping poised.

Durant announced his decision to join the Warriors and leave OKC on July 4, 2016, making him an instant villain in his former city.

He scored 33 in the Feb. 6 meeting but got plenty of help this time.

Earlier this month against the Thunder, Curry and Klay Thompson were a combined 11 of 27 from the floor and 4 for 15 on 3-pointers as the Warriors lost for the third time in four games. Thompson had 11 points Saturday, shooting just 1 for 11 from deep.

The Warriors on Saturday improved to 8-1 this season in the next game against an opponent after losing the previous meeting.

After Shaun Livingston‘s jumper at the 8:47 mark of the second quarter, Golden State went nearly five minutes without scoring before Curry’s basket at 4:51 started a 7-0 burst.

The Thunder grabbed eight offensive rebounds in the opening quarter to score 10 second-chance points, with Westbrook getting eight boards and George five. But Oklahoma City went 2 for 11 on 3s in the initial 12 minutes – Anthony, George and Westbrook a combined 1 of 8.

 

Steve Kerr “disappointed” in alma mater Arizona; wants to see NCAA follow new model

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Before he was the coach of the Golden State Warriors, before he was a five-time NBA Champion playing next to Michael Jordan and Tim Duncan, Steve Kerr was one of the great players the University of Arizona ever produced. The crowd would echo the announcer after ever made three — “Steeeve Keerrr” — where he was an All-American and helped lead a team (with future NBA players Sean Elliott and Tom Tolbert) to the Final Four.

There is a crisis around Arizona basketball right now. Coach Sean Miller was caught on a federal wiretap discussing a $100,000 payment for star recruit Deandre Ayton (expected to be a high lottery pick in June, possibly the No. 1 pick). Miller did not coach Saturday and changes are coming to Arizona.

Kerr was asked about it before the Warriors took on the Thunder Saturday.

Kerr said he was “disappointed” in his alma mater over the incident. Which is understandable.

Not to completely excuse it, but what Miller got caught doing is commonplace — money is funneled to families or the players of top recruits on a regular basis. What is more troubling (in my mind) is the money paid under the table to AAU coaches, family members, and others close to elite recruits to funnel them to a specific “financial planner” or agent, or a specific university. People in positions of trust with the player are bought and paid for.

Kerr put out one solution that would certainly be a big step forward: follow the Olympics model and let elite players get sponsorships that don’t end their college eligibility.

This system has its flaws as well, but it gets some of the dirty money out in the open. It would be better than the hypocritical facade of amateurism the NCAA has hit behind for years.