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.

Another report Rockets “aggressively” trying to clear cap space to chase Chris Paul

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Daryl Morey is big game hunting. Again.

The Rockets, with James Harden running Mike D’Antoni’s offense, made a leap up to the NBA’s second tier last season — then landed with a playoff thud. The team should be better the second season in the same system, but to get past the Warriors, the Rockets need more talent.

Hence the Rockets are going to chase Chris Paul. That’s not new news to anyone paying attention, but Chris Haynes laid it out in more detail in on SportsCenter.

The Rockets need talent and Chris Paul is unquestionably that. He and James Harden could figure out how to play together.

The problem is money. Chris Paul is going to demand max or near-max money, so close to $30 million. The Rockets enter the summer with about $10 million. The Rockets need to clear cap space and are ready to deal so long as they don’t take contracts back. Lou Williams will make $7 million next season, so even moving him and Patrick Beverley is not enough to land a Chris Paul or Paul Millsap. Moving Ryan Anderson ($19.6 million) or Eric Gordon ($12.9 million) helps much more.

That Morey is being aggressive isn’t the news, the question is can he find a willing partner to lower some money off his cap and give him a sense of what is to come. CP3 is going to meet with a lot of teams, but the Clippers do have advantages and are the favorites to retain him.

Jimmy Butler trade sets the stage for looming free agency

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(AP) — As draft night approached, some of the heavy hitters in the NBA – Cleveland, San Antonio, Houston, Boston, the Clippers among them – were jockeying, making calls and looking for deals to try to position themselves to make a run at the Golden State juggernaut.

The Warriors’ greatness has forced the rest of the league to do deep self-examination and be aggressive in upgrading their rosters if they’re even going to have a chance to compete. The Celtics and Cavaliers were looking hard at Pacers star Paul George and Bulls guard Jimmy Butler, the Rockets and Spurs were looking at clearing cap space to make a run at some big-name free agents next week and the Knicks were, well, the Knicks.

Draft night always lays the groundwork for what will happen when the circus (officially known as free agency) begins on July 1. And with all of those contenders looking to make a splash, the biggest move was made by … the Minnesota Timberwolves.

The Wolves reunited Tom Thibodeau with Butler, giving up two promising young players in Zach LaVine and Kris Dunn and the No. 7 overall pick to land one of the best two-way players in the game. The move should jumpstart Minnesota’s pursuit of its first playoff spot since 2004 and, the Wolves hope, pave the way for success in free agency.

“I think it will (help) a lot,” Thibodeau said. “With players, they look around the league, they see the makeup of the team, they see how they play, play together. That’s the main thing. Both offensively and defensively.”

The Timberwolves have long had difficulty attracting free agents to a relatively small market that spends four months of the year covered in ice and snow. Landing a top-15 player like Butler to team with Karl-Anthony Towns and Andrew Wiggins sends a sign of how aggressive the teams could be.

The Bulls plunged head-first into a rebuild with the decision, and now it’s up to the Pacers to decide if they want to do the same.

Much to the dismay of Pacers GM Kevin Pritchard, George let it be known last week that he did not plan to re-sign in Indiana when he becomes a free agent next summer. Most of the league assumes that he wants to play for the Los Angeles Lakers, who appear to be in a tug-of-war with the rival Celtics for George’s attention.

“I’m confident we’ll get something,” Pritchard told reporters in Indianapolis on Friday.

One of the big markets affected on Thursday night was at point guard, the deepest position in the league. Philadelphia, the Lakers, Sacramento, New York and Dallas all drafted point guards in the top 10, which could diminish the options for veterans like Jrue Holiday, George Hill, Jeff Teague and Patty Mills.

The elite point guards available – Chris Paul and Kyle Lowry – should have no trouble finding significant contracts. With Tony Parker suffering a serious injury in the playoffs, the Spurs were reportedly trying to clear space to make a run at Paul, who is widely considered the best point guard in the league. Paul has spent the last six seasons with the Los Angeles Clippers, but has yet to advance to the Western Conference finals.

The Clippers are trying to make a decision about retooling around the core of Paul, Blake Griffin and DeAndre Jordan, but really it’s a decision that depends largely on Paul’s thinking. He has long struggled to win big in the postseason, and heading to San Antonio to join with Kawhi Leonard or Houston to team up with James Harden could prove to be more attractive.

Lowry figures to remain in Toronto with a Raptors franchise that he has helped put back on the map, but after that there will be few teams in the market for a high-priced starting point guard. Denver, Utah, New York and Indiana could wade into those waters. But if they look at themselves as still being a couple of year away, they might be hesitant to spend big bucks on a veteran.

Other big names available include Gordon Hayward, Paul Millsap and Andre Iguodala. And while some of the very biggest names like Kevin Durant and Steph Curry figure to stay put, it only ramps up the sense of urgency for teams that have big holes to fill.

The clock is ticking and Thursday night provided the first steps toward making big improvements to the roster.

The Timberwolves rocked the boat with Butler, but the waters were calm after that, which should only mean one thing: It’s about to get real choppy when the clock strikes midnight on July 1.

 

Report: Dallas picks up option on Yogi Ferrell for next season. As expected.

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When teams sign a guy out of the D-League, or late second-round picks/undrafted guys as you see this summer, they are often announced as “a three-year deal.” The reality, this is a non-guaranteed contract (or at most a guaranteed contract for a short period of time) with team options for future years.

Why teams do that is guys like Yogi Ferrell.

Dallas snapped him up out of the D-League last season when they needed a point guard, and Ferrell proved to be a solid rotation-level player to bring off the bench. With that Dallas now has the option to bring him back at a good price next season, and they will do just that, reports Tim MacMahon of ESPN.

Sources say the Mavs have informed PG Yogi Ferrell that they are picking up his team option for next season, an easy decision after he proved himself capable of being a rotation player after his promotion from the D-League.

Ferrell will make $1.3 million next season, a steal for a rotation player. Dallas needs that, because the cost of keeping Nerlens Noel could push the Mavericks close to the luxury tax.

If Ferrell keeps playing like he did last season, and his big payday is coming in a couple of years.

What exactly was on the table for Bulls in Jimmy Butler trade?

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It’s been the cry since the Bulls’ front office traded Jimmy Butler for Zach LaVine (coming off an ACL surgery), Kris Dunn, and the No. 7 pick (Lauri Markkanen):

Why didn’t the Bulls get more?

I’m in the camp they didn’t get enough, starting with the question why did they give Minnesota the No. 16 pick in the deal? Even if the Bulls keep that pick, it doesn’t feel like they got enough for an All-NBA player, a top-flight wing defender who can also get buckets with the ball in his hands. The Bulls could have been patient and waited out a better offer, one of this quality would always have been on the table.

However, the deals for Butler may not have been as rich as fans assume. Here is part of what ESPN’s Zach Lowe wrote breaking down the trade.

It’s not as if Chicago didn’t canvas the league, either. The Bulls talked to Phoenix about a package centered around Eric Bledsoe and the No. 4 pick, but nothing came close, according to league sources. (Those talks may have been linked at one point to Cleveland’s pursuit of Butler, which apparently fizzled Thursday as Dan Gilbert, the Cavs’ owner, tried to hire a new president of basketball operations on the freaking day of the draft.)

They poked around with Denver, but the Nuggets drew a line at Jamal Murray, sources say. Those teams had to weigh the possibility of Butler bolting in 2019, which cooled the market a bit, sources say.

Boston has danced around Butler for almost a year now, and would not include the No. 3 pick in any package for him as the draft approached, sources say. Other reports suggest they refused to offer next year’s Nets pick, or the Lakers-Kings pick they snagged from Philly in the Markelle Fultz deal.

Boston’s Danny Ainge wanted a deal, a bit of a discount, and the Bulls were not going to give it. Those pick requests are reasonable for a Top 15 player, but Ainge knows he can be patient and the Celtics will still win more than 50 games next season and be a contender in a couple of years. Ainge knows he has a real shot at Gordon Hayward as a free agent this summer. He knows it’s not Butler or bust, so he didn’t go all in. He can afford to be patient right now, but eventually he will have to make a move.

The lack of a better market for Butler speaks to a couple of things. Phoenix, Denver, and other teams are correct to worry about overpaying for a player that could leave in a couple of years. Maybe they can win him over with their culture, maybe a team like Denver becomes very dangerous with Butler in the mix with Nikola Jokic, but is that enough. This is also where the looming shadow of Golden State, the Mount Everest looming over all things in the West, comes into play — how much do teams want to pay to try to contend right now?

Still, the Bulls could have done better. At least know a direction is set, the Bulls are rebuilding. Can Gar/Pax pull that off is another question entirely.