Judge Rules Seattle Cannot Depose Stern At This Time
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Judge Rules Stern Cannot Be Deposed
In Seattle's Lawsuit Against Sonics |
U.S. District Court Judge Loretta Preska yesterday ruled that NBA Commissioner David Stern at this time "can't be deposed" in the city of Seattle's lawsuit against Sonics ownership, but that "could change if his testimony is deemed relevant later," according to Greg Johns of the SEATTLE POST-INTELLIGENCER. Stern: "I would rather spend my time working. But if the judge orders me to testify, I'll testify. We don't have anything to hide." The NBA already had offered to make NBA President of League & Basketball Operations Joel Litvin "available for deposition." The city wanted to depose "both Stern and Litvin, but will settle first for the chance to question" Litvin tomorrow. Preska also said that the NBA "must provide internal documents to the city during the discovery process," though she "rejected some of the city's requests, including those for financial records for the league's other 29 teams." Preska said Seattle's request for financial records from other teams was the city's "most intrusive request." NBA attorney Jeffrey Mishkin said that the league "considered the financial information 'highly proprietary.'" K&L Gates attorney Paul Lawrence, the city of Seattle's lead counsel in the case, said, "I'd say we got most of what we wanted. The most important thing we wanted was to get documents related to any discussion of movement to Oklahoma City. That we'll get." Lawrence said that an "additional 3,000 pages of documents were turned over to the city" yesterday and more are expected today (SEATTLE POST-INTELLIGENCER, 4/29). The NBA, in seeking to block the city's attempt to depose Stern, said that Litvin "knows everything Stern knows" (Tacoma NEWS TRIBUNE, 4/29).
TRUE INTENTIONS: The city of Seattle yesterday called "outlandish" a claim that it is "pursuing a lawsuit against the owners of the [Sonics] only to force them to sell the team." Sonics owners alleged that Seattle officials are "scheming with a potential buyer to use the lawsuit to drive up their costs -- 'to increase the financial bleeding.'" In Oklahoma City, Nolan Clay writes Seattle's response to the allegation is the "latest indication" that the city's suit to hold the Sonics to the remainder of their KeyArena lease, through 2010, still is "on track for a trial in Seattle on June 16 instead of a settlement" (DAILY OKLAHOMAN, 4/29).
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