The temporary restraining order preventing NBA agent Dan Fegan from competing with his former employer, Independent Sports & Entertainment, will expire today after a federal court judge denied the agency's emergency motion to remand the case to state court. U.S. District Judge André Birotte Jr. denied ISE's motion to maintain the TRO, and instead set a hearing for May 1, when he will hear Fegan's motion to dismiss and ISE's motion to remand the case to state court. Birotte set a hearing on ISE's motion for a preliminary injunction for May 15. Fegan had been operating under a TRO that was issued by California state court Judge Mary Stobel on March 17. That order prevented Fegan from competing with ISE, including from selling his NBA player representation practice, to another agency. Fegan's attorney, Howard Weitzman, claimed victory in a statement issued to THE DAILY last night. "We are pleased that a federal judge has agreed with our position that there was no urgency established by ISE and issued an order denying ISE’s request to extend the restraining order previously issued by the State Court judge," Weitzman said. "Dan Fegan has done nothing wrong and has been mistreated by ISE and its president and CEO, Hank Ratner. From day one, Hank Ratner, who Dan Fegan brought to the company, has helped to orchestrate ISE’s unlawful conduct by attempting to undermine Dan Fegan’s position and refusing to allow him to operate the basketball division pursuant to the terms of his contract."
TWO SIDES TO A COIN: ISE in a statement to THE DAILY said Fegan did not win anything. Gibson Dunn attorney James Fogelman said, "The only thing Dan Fegan got today was a hearing date. The merits of ISE's case will be decided later by an arbitrator and the only court that has looked at the merits so far ruled that ISE is likely to win."
