ISE Wants Court To Strike Fegan Comments They Claim Are Slanderous
ISE has asked the court to strike multiple statements in declarations filed by NBA agent Dan Fegan, alleging he is slandering the agency and its execs in order to "create shock value for the sports media." ISE filed a lawsuit against Fegan, who it fired as head of basketball in March, in order to get an injunction preventing him from competing against the agency. In a 32-page motion filed in federal court in L.A. late Monday, ISE is asking the court to remove 55 statements made by Fegan, as well as five other people who made declarations to the court opposing ISE's attempt to get injunctive relief. "This Court should not tolerate this PR stunt," ISE said in its legal papers. "It should strike all portions of the declarations that are false, irrelevant, completely unnecessary, and scandalous. ... Fegan’s disregard of the Rules of Evidence cannot be tolerated." Fegan's attorneys responded by saying ISE brought the bad publicity on itself by filing to get an order restraining him from competing in a public court. Many of the statements at issue involve derogatory comments about ISE CEO Hank Ratner, who Fegan contends stopped him from running the division and "divided and dismembered what had once been among the best basketball representation groups in the world," according to court papers filed by Fegan. ISE contends that Fegan tried to steal the business that he sold to ISE for $20M while he was still working there under contract. ISE contains these derogatory statements don't have anything to do with the merits of the case. The filings are the latest skirmish in an increasingly bitter battle between Fegan and ISE. Both sides are waiting for a decision from Judge Andre Birotte Jr. on Fegan's motion to dismiss the case and on ISE's motions to remand the matter to state court or to issue a preliminary injunction against the agent.