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June 9, 2008
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Bennett Claims Sonics Will Lose $61-65M If Held To Lease

Bennett Claims Sonics Will Lose $61-65M
If Forced To Play Out Lease At KeyArena
During a “frequently combative all-day deposition” April 23 in the city of Seattle’s lawsuit against the Sonics, team Owner Clay Bennett “revealed the Sonics would lose between [$61-65M] if forced to play two final ‘lame duck’ seasons at KeyArena, while the team could earn a profit of $19[M] during the same period in Oklahoma City,” according to Jim Brunner of the SEATTLE TIMES. A transcript of Bennett’s deposition released Friday also revealed that Bennett said that “his goal was to keep the Sonics in the Seattle area, describing himself as ‘frustrated’ by the refusal of local politicians to fund his proposed $500[M] arena in Renton.” Bennett, referring to an e-mail in which he wrote he is a “man possessed” and would “do everything we can,” said that he was “‘shocked' when he first learned that attorneys for Seattle were using that e-mail exchange against him.” Bennett: “I remember writing that e-mail and I remember feeling passionate about the fact that we’re going to find a way to get this done … (in Seattle).” Bennett also said that he “would ‘honor my obligations’ in abiding by whatever ruling comes out of the lease lawsuit.” Bennett is “arguing in the case that the team can fulfill the lease with a cash payment instead of playing its games at KeyArena for two more seasons.” Meanwhile, Bennett’s attorneys and the city “gave no indication they were talking settlement during a pretrial hearing Friday.” U.S. District Judge Marsha Pechman “issued no rulings at the hearing, but said she would rule by [today] on several disputes over witnesses and evidence to be presented at trial” (SEATTLE TIMES, 6/7). Bennett’s deposition “contains no bombshells, just a lot of lengthy back-and-forths” (SEATTLE POST-INTELLIGENCER, 6/7).

ON THE CLOCK: In Seattle, Greg Johns reported the six-day trial begins next Monday, and Pechman “made it clear that time will be of the essence.” Each side will get three days of “clock time” in presenting its case. In court time, “that’s 15 hours apiece.” And “Pechman’s clock will be running, to the point where the loser of any objections will be docked the amount of time taken to determine the specific argument.” Pechman also “questioned the city’s series of ‘motions in limine’ that have asked her to exclude evidence relating to the dysfunction between the parties as well as anything concerning [Bennett’s] efforts to obtain a ‘successor venue’ in Seattle.” Those two issues are “significant in that they lie at the heart of some of the key issues in the Sonics’ defense.” Seattle attorney Paul Lawrence said that the city is "attempting to keep the trial focused on the ‘specific performance’ question of whether the KeyArena lease binds the Sonics to actually play their remaining games at the facility and indicated he felt the [Sonics owners] had expanded the argument to other areas.” Sonics attorney Brad Keller said that the team’s owners “hadn’t added any elements and he feels the very limited time frame of the trial will serve to keep things in focus” (SEATTLE POST-INTELLIGENCER, 6/7).

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