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.

Heat camp arrives, and Goran Dragic says he’s more than ready

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MIAMI (AP) — This time last year, Miami’s Goran Dragic was already tired and the season was just getting started.

It’s very different now.

When the Heat hold their first practice of the season Tuesday, Dragic expects to be as rested and ready as he’s been for any training camp in years. The point guard who went to his first All-Star Game last season wore down as the year went along, in part because of the grind he put himself through last summer while leading his native Slovenia to the European championship.

This summer, he played less – and is hoping that pays off this season.

“I feel amazing. I feel great,” Dragic said. “I think one of the smartest moves I made was retiring from the national team, because I feel energized and pumped for this season. I always kind of hit a wall toward the end of a season, but I feel like this season is going to be a totally different story.”

At 32, Dragic is Miami’s third-oldest player – among those in the Heat locker room, only Udonis Haslem (38) and the entering-his-final-season Dwyane Wade (36) have seen more birthdays. But Dragic is still a starter, still a very intregal part of everything Miami envisions for this season, and is coming off a year where he averaged 17.3 points.

“The band is still together,” Dragic said. “I’m very happy that I’ll be part of this last dance with Dwyane.”

The biggest malady Dragic was dealing with at the end of last season was tendinitis in his right knee, something that bothered him for several weeks. He still led Miami in scoring during its five-game playoff appearance against Philadelphia, averaging 18.6 points.

He wasn’t the only Heat starter ailing when last season ended. Josh Richardson was playing through a bad shoulder, Hassan Whiteside had knee problems, James Johnson had a sports hernia and Tyler Johnson‘s thumb needed surgery. The Heat – who are one of the many teams that have been talking to Minnesota about a trade for Jimmy Butler – are hoping some health luck comes their way this season.

“I think we’re going to be good,” Dragic said.

If nothing else, he’s not coming into this season as harried as he was last fall. Dragic has been back in Miami for about a month, after spending most of his offseason in Slovenia. A year ago, the European championships meant Dragic was still playing right up until the start of Heat camp.

It wasn’t a popular decision in Slovenia for Dragic to stop playing for the national team, which didn’t qualify for the 2019 FIBA World Cup of Basketball in China and now faces an uphill climb if it’s going to reach the 2020 Tokyo Olympics.

“But it was the right decision for me,” Dragic said.

The Heat sat out this past June’s NBA Draft in part because of the deal they made in 2015 to bring Dragic to Miami. The package sent to Phoenix included two first-round selections, the first of which was used this year at the No. 16 overall spot. The other will be used in 2021.

The price was steep, and the Heat aren’t complaining.

“I’d much rather have Goran Dragic than those two picks,” Heat President Pat Riley said.

Dragic is hoping to give Riley even more bang for his buck this season.

The All-Star nod – even though it came as an injury replacement – was particularly meaningful for Dragic, and he felt that last season was one of his better seasons anyway.

His goal for this season is simple: Be even better.

“I want to be at a high level for as long as possible,” Dragic said. “If you come into a season without goals, you’re just going through practice and it doesn’t mean anything to you. But if you set goals, you’re pushing yourself. And for me personally, my goal is to have a better season than I did last year. I don’t want to drop a little bit at the end this season. I want to be energized, fresher, more consistent the whole way this time.”

Dwight Howard challenges Shaq on Instagram, Shaq roasts him

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Shaquille O’Neal is still not Dwight Howard‘s biggest fan. And Shaq still loves the tired “ringzzzz” argument.

It all started because Shaq was watching a couple of guys roast Howard on MTV’s Wild N’ Out. Shaq liked it so much he decided to post it to Instagram.

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Dam lol

A post shared by DR. SHAQUILLE O'NEAL Ed.D. (@shaq) on

Howard took the bait and responded in the comments. He should have known better.

Let’s be clear: Dwight is a future Hall of Famer. No question. The Orlando version of Howard was an MVP-level player who was a three-time Defensive Player of the Year, eight time All-NBA and All-Star, who was a beast on the boards and averaged 17.4 points and 12.7 rebounds a game for his career.

And yet Shaq’s right, Howard’s not on his level. Not close.

As Sunday winds down, Miami heats up talk of Jimmy Butler trade

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There has been much speculation over the past 48 hours about where disgruntled Minnesota Timberwolves star Jimmy Butler will end up once owner Glen Taylor finds a suitable trade partner for him. We have already discussed at length where Butler might fit best, and Sunday morning saw an influx of new teams ready to come to the Timberwolves with an offer now that it is known that Butler is on the table.

As Sunday came to a close, it became apparent that yet another team is trying to work their way into the Butler sweepstakes.

According to multiple reports, the Miami Heat have been active and are trying to get a deal done for Butler. Once thought of as a middle-of-the-pack suitor, the Heat have apparently been one of the more engaged teams as a deal for the Timberwolves guard is sought before the team opens training camp on Tuesday.

Via Twitter:

Miami joins the Washington Wizards, Portland Trail Blazers, Brooklyn Nets, Detroit Pistons, Milwaukee Bucks, Los Angeles Clippers, Houston Rockets, Philadelphia 76ers, and Cleveland Cavaliers in teams looking to exchange parts for the next season on Butler’s contract.

No doubt league GMs are trying to weigh the risk vs. reward when it comes to Butler. His contract has a player option for the 2019-20 NBA season, which he will almost certainly opt out of in order to become a free agent. That means that without a guarantee that Butler will re-sign, any team trading for him will need to be careful with what young assets they leverage for the present.

For example, one report out of Portland says that the Blazers are unwilling to give up who they see as their young main core for a one-year rental on Butler. Damian Lillard, CJ McCollum, and Jusuf Nurkic are all off the table for the Blazers.

We still don’t know what the asking price for Butler will eventually be, or how the Timberwolves prioritize getting a solid return for him vs. shipping him outside of the Western Conference. For now, we have to wait and see what happens.

At least until Tuesday.

Elton Brand on 76ers contending for a championship: ‘I think we still need a piece’

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Elton Brand last played in the NBA in April of 2016. Now, in September of 2018 he is the general manager of the Philadelphia 76ers.

The 17-year NBA veteran helms one of the best young teams in the NBA, and takes over a GM position that has previously been under turmoil. Brand has perhaps been blessed with the departure of LeBron James from the Eastern Conference, but so too will other teams try to take over that perennial top spot.

The Boston Celtics have similar assets to Philadelphia, with proven stars mixed with an excellent supporting cast and young players who could develop into stars themselves. The Toronto Raptors are a very good team who just added a Finals MVP in Kawhi Leonard. The road ahead will be tough.

But the Sixers still have cap space and they are still looking for a third star to fill a necessary role on their team. Brand said as much during a recent appearance on ESPN, and from all indications it looks like he’s not going to be shy about pulling the trigger either in free agency or in the trade market if he feels he can solidify the Sixers’ position in the east.

Via ESPN:

Everyone talks about free agency, but we may have to pull the trigger on something else before free agency. If we feel we can’t get one of those stars that I can’t name. I still think we need a piece. We’re close. If you ask Joel [Embiid] we have enough and if you ask Ben [Simmons] we have enough, because that’s the chip they have on their shoulder … they don’t want to hear that, but I think we still need a piece.

Brand went on to say that he felt like development was also important in this process, and that it’s possible that Philadelphia has their additional star in Markelle Fultz, Dario Saric, or both.

Philadelphia has reportedly been one of the teams that has jumped into initial conversations with the Minnesota Timberwolves about trading for Jimmy Butler. Whether or not Butler is the right move for the Sixers notwithstanding, that Brand appear is ready to wheel and deal certainly is interesting.