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.

Timberwolves win first road game in 52 days, top Heat (video)

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MIAMI — Jordan McLaughlin’s layup with just under nine seconds left put Minnesota ahead for good, D’Angelo Russell led all scorers with 27 points and the Timberwolves added to Miami’s late-season stagger by beating the Heat 129-126 on Wednesday night.

Malik Beasley scored 21 points, Juancho Hernangomez tied a season-high with 17 and McLaughlin added 13 for Minnesota. The Timberwolves were down by 12 with 3:59 left, then closed on a 20-5 run to get just their second victory in 20 games.

Jimmy Butler’s two free throws with 13.8 seconds left put Miami up 126-125, but McLaughlin’s layup on the next Minnesota possession put the Timberwolves on top to stay. Butler’s layup with 3.2 seconds left got blocked by Russell, and the Wolves held on.

Minnesota snapped a nine-game road losing streak, getting its first road victory since beat the Cleveland Cavaliers on Jan. 5.

Kendrick Nunn led Miami with 24 points. Bam Adebayo had 22 points and 10 rebounds and Butler — back after a two-game absence for personal reasons — had 18 for Miami. The Heat fell to 23-4 at home and have dropped seven of their last nine overall.

The Heat stayed a half-game ahead of Philadelphia in the race for the No. 4 spot in the Eastern Conference playoff race. Philadelphia lost in Cleveland earlier Wednesday, a game where 76ers star Joel Embiid departed early because of a shoulder injury.

The Heat have had major trouble closing games of late — a 22-point lead late in the third quarter against Cleveland on Monday was frittered away in what probably was the worst loss of the season, until now anyway — and a long film session and meeting on Tuesday clearly didn’t solve the issue.

They were up 121-109 with 3:59 left, and 123-112 after a layup by Butler 24 seconds later.

And Minnesota — a team that came into the night with one win in a span of 48 days — still wasn’t finished off. The Timberwolves scored the next 11 points to tie the game, getting five of those points from Beasley and a tying free throw from McLaughlin with 46 seconds left.

TIP-INS

Timberwolves: Minnesota’s 27 attempts from 3-point range in the first two quarters was a first-half franchise record. … The Wolves are 4-0 in road games against Southeast Division teams this season, and 6-19 in all other road contests.

Heat: Adebayo played through a sprained right ankle, pushing his consecutive-game streak to 144 — extending the fourth-longest such streak in team history. … Goran Dragic’s first basket was a 3-pointer, and that pushed him one point past Grant Long (5,473) for 10th on the Heat career scoring list. … Nunn got his third consecutive rookie of the month trophy in a brief halftime ceremony.

JOHNSON RETURNS

Wednesday marked James Johnson’s first game back in Miami since the trade that sent him to Minnesota earlier this month, a move that sent Andre Iguodala, Jae Crowder and Solomon Hill to Miami from Memphis. “I think Minnesota is seeing what kind of versatility he can bring to the game,” Heat coach Erik Spoelstra said.

LOOKING AHEAD

A large contingent of fans from Slovenia were in attendance Wednesday — and more are coming Friday, when the Heat play host to the Dallas Mavericks. At last season’s Dallas-at-Miami game, more than 2,000 Slovenians were in attendance to watch their nation’s two best NBA players, Dragic and Dallas star Luka Doncic, go head-to-head.

UP NEXT

Timberwolves: At Orlando on Friday night.

Heat: Host Dallas on Friday night.

Trae Young blocks 7-foot Mo Bamba at rim (video)

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Trae Young might be the NBA’s worst defender.

He’s small (6-foot-1 with a 6-foot-3 wingspan). His athleticism is far from imposing. He also carries a massive load for the Hawks offensively, leaving little energy for defense.

But he still blocked 7-foot Magic center Mo Bamba at the rim.

Not a great moment for Bamba.

Joel Embiid leaves 76ers game with shoulder injury (video)

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Joel Embiid or Ben Simmons?

The debate has gained attention this season after the 76ers spent years retooling around their stars. The answer clearly isn’t neither. But that’s what Philadelphia now faces.

With Simmons already injured, Embiid got hurt in the 76ers’ game against the Cavaliers tonight.

Serena Winters of NBC Sports Philadelphia:

Losing Embiid for an extended period would be a huge blow to Philadelphia, especially with Simmons already out. The 76ers (fifth place, half a game out of fourth) are right on the edge of getting home-court advantage in the first round of the playoffs.

Embiid had been playing so well lately. This is an especially tough time for a setback.

At least Philadelphia has depth to cope. Al Horford can easily slide from power forward to center. Tobias Harris might be better off at power forward than small forward, anyway. This is where Glenn Robinson III and Alec Burks, acquired just before the trade deadline, come in handy as additional wing options. Kyle O'Quinn can also play behind Horford.

But the loss of talent is the biggest development, and there’s no overcoming that until Embiid and Simmons get healthy.

Zach LaVine: Trash talk directed at Dennis Schroder, not Bulls coach Jim Boylen

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During the Bulls’ loss to the Thunder yesterday, Zach LaVine appeared to say, “I have f—ing 40 points!”

Many assumed LaVine was snapping at Chicago coach Jim Boylen. But LaVine clarified his target was Oklahoma City guard Dennis Schroder.

Eric Woodyard of ESPN:

I take LaVine at his word.

Want to make a case LaVine dislikes Boylen? You’ll just have to point to all the other evidence.