All patient appointments are now taking place at the Rockefeller Outpatient Pavilion at 160 East 53rd Street in Manhattan. Bartelstein, a resident of Royal Oak, has made a serious impact on the Pistons organization since joining the team nearly five years ago. The firm has established itself as an industry leader by developing core values of integrity, hard work, and a steadfast . 2505, 91 L.Ed.2d 202 (1986). In pursuing a CFAA claim, the plaintiff corporation submitted evidence that its staff spent over 100 hours investigating the matter and taking steps to repair the Kimberlite email system following the intrusions, and that the cost of securing the Kimberlite email system and conducting [an] investigation has exceeded $5,000. Id. This mischaracterizes Ketroser's testimony. com and [has] used it for personal matters. ( Id.). When asked, Didn't you call all of those players? Bartelstein replied, I did. (Horn Decl. (DUF 12). Mark Bartelstein, CEO at Priority Sports, has earned a reputation for being innovative and forward thinking in his approach to representing professional athletes.Priority Sports & Entertainment was founded in 1985, and in the 30+ years the agency has been in business. Michael Harvey-Bray. 13). Doctor Address. However, following the passage of Proposition 64, a private plaintiff has standing to sue under the UCL only if he has suffered injury in fact and has lost money or property as a result of such unfair competition. Californians for Disability Rights v. Mervyn's, LLC, 39 Cal.4th 223, 46 Cal.Rptr.3d 57, 138 P.3d 207, 209 (2006) (internal quotation marks omitted). Stepping into the role of CIO in a company thats never had the position before requires both extensive tech understanding and managerial experience. II 6775). Finally, Priority Sports alleges that it was damaged by Counterdefendants' unlawful, unfair, or fraudulent business practices. (Counterclaim 139). Bartelstein said Altman was reluctant to trade Nance. Plaintiff attested in his declaration that he has been the sole account holder since he opened the account. (Mot. Plaintiff asserts that the cell phone belongs to him, and that he has turned over to Priority Sports any telephone numbers and text messages on the device. (Compl. It fails to direct the Court to any evidence, for example, that Plaintiff's plan-making resulted in the loss of a client. The GM had turned down several trade offers for the Revere High product in the past. (Mintz. On March 25, 2012, Priority Sports' General Counsel, Rick Smith, instructed another employee, Bradley Ames, to access Plaintiff's personal email account (a.k.a. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000). No one prepares their clients better for the NFL Draft, or takes better care of them once the draft has come and gone. Mark Bartelstein, informed him about Golden State's interest on the first night of free agency, Young initially sounded more confused than flattered. Accordingly, the Court GRANTS Counterdefendants summary judgment as to this counterclaim. In other words, the Motion does not seek summary judgment on the claims for defamation and the interference with prospective economic advantage. The plain import of this is that a plaintiff now must demonstrate some form of economic injury. Kwikset Corp. v. Superior Court, 51 Cal.4th 310, 120 Cal.Rptr.3d 741, 246 P.3d 877, 885 (2011). Reeves v. Hanlon, 33 Cal.4th 1140, 17 Cal.Rptr.3d 289, 95 P.3d 513, 520 (2004) (internal citation and quotation marks omitted). It is undisputed that after the hacking incident, Plaintiff spent some time restoring his Gmail password and investigating who had hacked the Gmail account. Gordon Hayward will become a free agent after declining his $34.2 million player option with the Celtics for the 2020-21 season, Hayward's agent Mark Bartelstein told ESPN's Adrian Wojnarowski. The Dicks Sporting Goods acquisition of Moosejaw from Walmart was announced this past week. Indeed, this conduct is so serious and offensive that the California legislature subjects the perpetrator to criminal liability under California Penal Code 502. Moreover, Bartelstein's deposition testimony belies the contention that the lack of notice prevented Priority Sports from calling its clients. Mark Bartelstein and Associates Inc. Download PDF Check Treatment Summary finding declaratory judgment claim was moot because defendants had not attempted, in the litigation or any other litigation, to enforce the non-compete clause Summary of this case from Healy v. Qognify, Inc. See 6 Summaries Search All Caselaw on Casetext. (Opp. Bartelstein allegedly concluded the conversation by saying, Wait until I tell the world about this. The class of 2020 is unlike any other. No one prepares their clients better for the NBA Draft, or takes better care of them once the draft has come and gone. A claim for breach of contract has three essential elements: (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. Oasis West Realty, LLC v. Goldman, 51 Cal.4th 811, 124 Cal.Rptr.3d 256, 250 P.3d 1115, 1121 (2011). SACV 12572 JVS (Ex), 2012 WL 2951924, at *2 (C.D.Cal. (Counterclaim 7174). Further, the Court GRANTS summary judgment in favor of Defendants on Plaintiff's claims for declaratory relief, violation of the CFAA, and violation of the ECPA. Here, Defendants claim there is no extant controversy with respect to the non-compete clause because Priority Sports has made clear to Mintz and CAA that it would not attempt to enforce the two-year non-compete provision at issue. (Def. Highland Park, IL. Rather, the emails Defendants viewed were stored on Gmail., granting summary judgment for defendants where Plaintiff failed to show sufficient loss, but Defendants did not contest violation of the CFAA where a defendant had instructed another person to access Plaintiff's email account, noting that "[u]nder the plain language of the statute" damages must be established. The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. Numerous courts have held that a plaintiff's personal information does not constitute money or property under the UCL. In re iPhone Application Litig., No. Info: The Goldman . Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. The Court held that these expenses qualified as a loss, reasoning that where the offender has actually accessed protected information, discovering who has that information and what information he or she has is essential to remedying the harm. Id. Taylor, 880 F.2d at 1045. Only in limited circumstances have courts considered the cost of discovering the identity of the offender to be part of the loss under the statute. In its counterclaim, Priority Sports alleges that Plaintiff breached his employment contract by, inter alia, (1) working for CAA prior to his resignation; (2) soliciting players on CAA's behalf prior to his resignation; (3) misappropriating Priority Sports' trade secret and confidential information and sharing it with CAA before and after his resignation; (4) failing to provide fourteen days' written notice; and (5) failing to return company property, i.e. For the reasons above, Plaintiff's Motion for Summary Judgment on its own claims is GRANTED with respect to the claims for violation of California Penal Code 502 and invasion of privacy, but DENIED with respect to the claim under the UCL. Following a four-year career that began as a walk-on at . Decl. Mark Bartelstein Priority Sports Staff 2022-09-22T16:51:47-05:00. Because Priority Sports has failed to show any evidence of damages, the Court GRANTS Plaintiff summary judgment on the 502 claim. Agent: Mark Bartelstein He's not what he was in his prime . biz, which he used for business matters. In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. (Compl. mark bartelstein news stories - get the latest updates from ABC13. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. National Football League Players Association, "Priority Sports & Entertainment - www.prioritysports.biz - Chicago . California. Sports Agency -", "I Have A Kellogg MBA - Kellogg School of Management - Northwestern University", "The World's Most Valuable Sports Agencies 2013", "Priority Sports & Entertainment on the Forbes Sports Agencies List", "Do the math: Agencies negotiate $2.3 billion in NBA free agency deals", "NFL Free Agency: Top Agencies and Agents Sports Agent Blog", "Our Team - Priority Sports & Entertainment - www.prioritysports.biz - Chicago . To remove that extant risk, it was necessary for the plaintiff to track down the perpetrator. The Court therefore proceeds to address whether Priority Sports has raised any triable issues as to the remaining grounds for breach of contract. In SuccessFactors, Inc. v. Softscape, Inc., 544 F.Supp.2d 975 (N.D.Cal.2008), one of the plaintiff's competitors hacked into a password-protected area of the plaintiff's website and took several screenshots. 2). Defendants first claim that Plaintiff breached his employment by failing to give fourteen days' written notice of his resignation effective March 23, 2012. Nygard, Inc. v. UusiKerttula, 159 Cal.App.4th 1027, 72 Cal.Rptr.3d 210, 224 (Ct.App.2008) (because defendant did not breach his employment contract, the court necessarily concluded that he did not breach the duty of loyalty). Priority Sports alleges that Plaintiff uttered several false and defamatory statements about Priority Sports to third parties that have damaged Priority Sports. 4. All content 2000-2023 RealGM, L.L.C. The CFAA also imposes liability on whoever knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value. 18 U.S.C. Priority Sports alleges that Plaintiff admitted that he communicated with at least two recruits while at Priority Sports, Mike Scott and Terrence Ross, did not provide updated information to Priority Sports, and instead signed their deals at CAA. (Opp. California, 70 Cal.App.4th 1358, 83 Cal.Rptr.2d 388 (Ct.App.1999). (Def. What is Mark Ruffalo's phone number? Before reaching the merits, however, the Court addresses Defendants' argument that the issue of the non-compete clause is moot. Here, Plaintiff argues that the UCL claim fails because neither Plaintiff nor CAA violated an underlying, predicate law. And . shows. These claims fail as a matter of law because there was no interception in this case. 1030(a)(4). Priority Sports & Entertainment is a full-service sports management firm, representing NFL and NBA athletes and coaches, based in Chicago, Illinois and Sherman Oaks, California. This contention lacks merit. 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