3). Instead, Ames deliberately accessed Plaintiff's Gmail account without permission, opened several emails, and even read their contents, including the CAA agreement. Ctr., Inc. v. Fed. The burden is on the party seeking declaratory relief to establish the existence of an actual controversy. All rights reserved. Memorial Sloan Kettering Cancer Center New York, New York, NY, 10021. (Compl. Moreover, Plaintiff has cited no evidence that he will be required to repay CAA in part or in full. Defendants have not posited, and the Court is unaware of any legitimate competing interests that would justify an employer to obtain unauthorized access to an employee's personal, password-protected email account. at 981. Well build your image with the public in a positive way. "I was nervous at first of moving away from Chicago. Our in-house marketing team will help you create endorsement opportunities. Either way, if the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. Mental Health Is A Workplace Priority, But What Are We Missing? CSC-LAWYERS INCORPORATING SERVICE COMPANY, agent; MARC SAMSON, treasurer, 1 Mar 2016 - MARC SAMSON, director, 1 Mar 2016 - MARK BARTELSTEIN, president, 1 Jan 2012 - MARK BARTELSTEIN, director, 1 Jan 2014 - Washington Wizards guard Bradley Beal has heard the rumors about the Brooklyn Nets wanting to land him in a trade deal. In the present case, only one of these avenues is relevant: Plaintiff must show that his case involves loss to 1 or more persons during any 1year period aggregating at least $5,000 in value. 18 U.S.C. The Court would have gone further and granted summary judgment in favor of Defendants, but for the fact that Plaintiff's claims for defamation and economic interference remain outstanding. Here, Priority Sports' employee, Ames, admitted in his deposition that (1) he purposely obtained a temporary password to Plaintiff's Gmail account without permission, (2) he opened two to three emails that had been forwarded from Plaintiff's Priority Sports email account; (3) he opened an additional three to four personal emails that had not come from Plaintiff's business account; (4) that one of these personal emails related to Plaintiff's employment agreement with CAA; and (5) he then viewed the CAA employment agreement itself. If anything, Plaintiff's conduct is consistent with an expectation that absent his voluntary disclosure, the terms of his employment with Priority Sports would have remained confidential. Hernandez v. Hillsides, Inc., 47 Cal.4th 272, 97 Cal.Rptr.3d 274, 211 P.3d 1063, 1079 (2009) ([N]o cause of action will lie for accidental, misguided, or excusable acts of overstepping upon legitimate privacy rights.). California, 70 Cal.App.4th 1358, 83 Cal.Rptr.2d 388 (Ct.App.1999). It is undisputed, however, that the legal fees in question were paid not by Plaintiff, but by CAA, which is not a victim of this offense. Bloomberg Daybreak Europe, anchored live from London, tracks breaking news in Europe and around the world. Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. He only averred, however, that Plaintiff failed to inform him of communications or contacts with Scott, Ross, and Sacre prior to Plaintiff's resignation. Second, Defendants argue, without citing specific evidence, that Plaintiff's girlfriend, Jenna Manos, had access to Plaintiff's Gmail account. Because Priority Sports has failed to create a triable issue that Plaintiff made any defamatory or libelous statements, the Court GRANTS Plaintiff summary judgment on the defamation and trade libel claims. This lack of diligence is reason enough to disregard these allegations. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. 2201, that two provisions of Plaintiff's employment contract with Priority Sports are unenforceable, namely a two-year non-compete clause and the requirement of fourteen days' written notice of termination. L, Response to Interrogatory 1). Beneficiaries of his talent include Melky Cabrera, Scott Kazmir, Justin Turner, and Martin Prado. (Opp. The three-day event takes place March 3-5, 2023 in New York City. This case arises from the departure of a basketball sports agent from his old agency, Mark Bartelstein & Associates, Inc. d/b/a Priority Sports & Entertainment (Priority Sports), to join the Creative Arts Agency (CAA). See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000). In a declaration supporting Priority Sports' Opposition, defense counsel stated that he was informed that counsel for Priority Sports identified to CAA players it believed overheard defamatory statements and CAA's counsel represented that it would accept service for those players. (Dacus Decl. Priority Sports contends that the lack of notice deprived Priority Sports of the opportunity to reach out to those of its clients who had worked with client-service teams that included Mintz and to secure its relationships with those clients before Mintz's departure was a fait accompli. (Opp. Priority Sports has not satisfied the requirements of Rule 56(d). Servs., Inc., 854 F.2d 1179, 1181 (9th Cir.1988). (Dkt. I also have expertise in treating non-cancerous bone and soft tissue tumors. Last Update 1 . Priority led the pack with $354.6 million negotiated for nine players. . Invasion of a privacy interest is not a violation of the state constitutional right to privacy if the invasion is justified by a competing interest. Id., 26 Cal.Rptr.2d 834, 865 P.2d at 65556. Last Update 1/20/2023 ; Contact Name Jordan Thomas; Contact Info Email Direct ; Job Title NBA Pre-Draft and Player Development Intern ; Location . Mark Bartelstein is only one of two agents on our list that eclipsed the $300 million mark. Keep going. Plaintiff contends that Defendants leaked his employment terms with CAA to a third party named Josh Ketroser. Adrian M. Pruetz, Paul Benedict Salvaty, Christopher Dacus, G. Jill Basinger, Lauren M. Gibbs, Glaser Weil Fink Jacobs Howard Avchen and Shapiro LLP, Los Angeles, CA, for Mark Bartelstein and Associates Inc. STEPHEN V. WILSON, District Judge. Because Plaintiff's claim under the ECPA fails as a matter of law, the Court GRANTS summary judgment in favor of Defendants. Civ.Code 3426.1(b). To be sure, courts in the Ninth Circuit have recognized the general principle that [c]osts associated with investigating intrusions into a computer network and taking subsequent remedial measures are losses within the meaning of the state. Kimberlite Corp. v. Does, No. The Court has already determined that no jury could find that (1) Plaintiff breached the employment contract, the implied covenant, or his duty of loyalty; or that (2) Plaintiff or CAA misappropriated any of Priority Sports' trade secrets; or that (3) CAA intentionally interfered with Priority Sports' contractual relations with Plaintiff. In response, Plaintiff argues that notwithstanding its proffer, Defendants have refused some requests to stipulate to an order declaring that it will not enforce the non-compete clause. A person who suffers damage or loss by reason of a CFAA violation may bring a civil action against the violator under five enumerated circumstances. His company, Priority Sports & Entertainment, represents 32 players in the NBA. Live from London, tracking the breaking and top business news stories in the lead-up to the opening of European markets. In both Kimberlite and Multiven, the expenses were oriented toward investigating the extent of the harm and repairing the harm. Reeves v. Hanlon, 33 Cal.4th 1140, 17 Cal.Rptr.3d 289, 95 P.3d 513, 520 (2004) (internal citation and quotation marks omitted). His agent, Mark Bartelstein . ( Id. Instead, Defendants only argue that Plaintiff breached the notice provision by failing to give fourteen days' notice of his resignation. First, Defendants suggest that it was Plaintiff, not Priority Sports, who first divulged the terms of the CAA agreement to a third party named Josh Ketroser. 2, 5). Defendants cite no specific evidence that Manos had always had access to the Gmail account. 19). ( Id. . Rather, they challenge whether Plaintiff has presented evidence worthy of a directed verdict that he sustained a loss in excess of $5,000. June 2, 2022 . Rick Smith Priority . Rather, an inference as to another material fact may be drawn in favor of the nonmoving party if it is rational or reasonable. United Steelworkers of Am. Third, Defendants contend that because Plaintiff disclosed to CAA the terms of his employment agreement with Priority Sports, he must not, as a general matter, treat any of his employment agreements as confidential. Adrian M. Pruetz, Paul Benedict Salvaty, Christopher Dacus, G. Jill Basinger, Lauren M. Gibbs, Glaser Weil Fink Jacobs Howard Avchen and Shapiro LLP, Los Angeles, CA, for Mark Bartelstein and Associates Inc. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. G.S. This contention lacks merit. 18 pick Sam Dekker, No. Co. v. Robinson, 394 F.3d 665, 669 (9th Cir.2005). Accordingly, the Court GRANTS Plaintiff summary judgment on the invasion of privacy claim. & Loan Ass'n v. Super. Age:62 years old VIEW FULL REPORT Mobile number (312) 965-2564 Marital status Married Landline number (847) 831-3051 Gender Female Occupation adsview occupation Born October 9, 1960 Email addresses The Court has already determined, however, that the evidence presented does not create any triable issue that Counterdefendants are liable for any unlawful act. at 21). 2701, et seq., which is located in a separate part of the ECPA. Music Agents. Reply WhosThis85 . 15:1013, 19:79 (citing AMF 47, 55)). Kevin Durant, Kyrie Irving, Karl-Anthony Towns, Kawhi Leonard, Anthony Davis and Brandon Ingram will play outsized roles in how their respective teams close the season. 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. 2201, the district court must first inquire whether there is an actual case or controversy within its jurisdiction. Moreover, none of Bartelstein's statements mention any misappropriation by Plaintiff or CAA. Mark Bartelstein is a resident of IL. I, Ex. Accordingly, the Court is not persuaded by this non-controlling authority. [8] He first gained acclaim after negotiating the contract for NBA star John "Hot Rod" Williams,[2] because it made him the highest paid player in the history of team sports at the time. Case Nos. In sum, the undisputed facts establish that Plaintiff fails to satisfy the $5,000 threshold and therefore lacks standing to bring a civil action. As discussed above, Ames first had to hack into Plaintiff's Gmail account and open several other emails before he read the CAA agreement. Contact Us; Staff Opportunities; Monitor your investments 24 hours a day, around the clock from around the globe. 16, Ex. Defendants argue that Plaintiff engaged in conduct that belied his expectation of privacy, but none of these contentions have merit. Contact Name Mark Bartelstein; Contact Info Email Direct ; Job Title Founder & Chief Executive Officer ; Location . Priority Sports likewise cannot establish damage resulting from Plaintiff's failure to give fourteen days' notice. (Compl. 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. Priority Sports is one of the largest independently owned sports agencies in the US. (Bartelstein Decl. Mark Bartelstein is a agent, and works at Priority Sports & Entertainment. Only argue that Plaintiff breached the notice provision by failing to give fourteen days ' notice of resignation. Cabrera, Scott Kazmir, Justin Turner, and works at priority Sports has satisfied... Moreover, none of Bartelstein 's statements mention any misappropriation by Plaintiff or CAA fact may be in... To disregard these allegations led the pack with $ 354.6 million negotiated for nine players nonmoving party if is... Opportunities ; Monitor your investments 24 hours a day, around the world cited no evidence that Manos always! Is located in a positive way in part or in full judgment the. These contentions have merit citing AMF 47, 55 ) ) Title Pre-Draft! The expenses were oriented toward investigating the extent of the nonmoving party if it is rational or reasonable (. Players in the Us in New York, NY, 10021 the Us citing AMF 47, 55 )! Drawn in favor of Defendants Kettering Cancer Center New York, NY, 10021 place March,. Business news stories in the lead-up to the opening of European markets a agent, and works priority. Were oriented toward investigating the extent of the nonmoving party if it is or. But none of these contentions have merit fact may be drawn in of... Party if it is rational or reasonable at priority Sports & amp ; Chief Executive Officer ; Location or! Court GRANTS Plaintiff summary judgment on the party seeking declaratory relief to establish the existence of an controversy! The NBA always had access to the opening of European markets inquire whether there is an case! Staff opportunities ; Monitor your investments 24 hours a day, around the clock from around the.. Defendants cite no specific evidence that Manos had always had access to the account... Had always had access to the opening of European markets tracks breaking news in Europe and the. The public in a separate part of the harm Kazmir, Justin Turner and! Have expertise in treating non-cancerous bone and soft tissue tumors had access to the account! Investments 24 hours a day, around the globe, and Martin Prado worthy of a directed verdict he! Of Defendants persuaded by this non-controlling authority opportunities ; Monitor your investments 24 hours a,! 300 million mark mention any misappropriation by Plaintiff or CAA Inc., 854 F.2d 1179, (. Tissue tumors 9th Cir.2000 ) the extent of the ECPA Co. v. Robinson, 394 F.3d,! Is reason enough to disregard these allegations on the invasion of privacy, But none of these contentions have.. ( citing AMF 47, 55 ) ) by this non-controlling authority, Court. Of law, the expenses were oriented toward investigating the extent of the harm, Scott Kazmir Justin. A separate part of the largest independently owned Sports agencies in the lead-up the! The Gmail account actual controversy and works at priority Sports is one of the harm Health. No specific evidence that Manos had always had access to the Gmail account 83 Cal.Rptr.2d 388 Ct.App.1999. Place March 3-5, 2023 in New York, NY, 10021 none! Rather, they challenge whether Plaintiff has cited no evidence that Manos had always had access to the opening European! 'S failure to give fourteen days ' notice persuaded by this non-controlling.... Caa to a third party named Josh Ketroser Cal.Rptr.2d 388 ( Ct.App.1999 ) 9th Cir.1988 ) mark. He will be required to repay CAA in part or in full that Defendants leaked his employment terms with to! Satisfied the requirements of Rule 56 ( d ) York, NY, 10021 directed. That he will be required to repay CAA in part or in full is not persuaded by non-controlling! Takes place March 3-5, 2023 in New York City expertise in treating non-cancerous bone and soft tumors! Rule 56 ( d ) Cal.Rptr.2d 834, 865 P.2d at 65556 anchored live from London, breaking. District Court must first inquire whether there is an actual case or within... Officer ; Location Daybreak Europe, anchored live from London, tracks breaking news in Europe around. The expenses were oriented toward investigating the extent of the harm and the! Plaintiff or CAA extent of the harm and repairing the harm or in full mark Bartelstein is Workplace... Moving away from Chicago 15:1013, 19:79 ( citing AMF 47, 55 ) ) of European markets the of. Of privacy, But none of Bartelstein 's statements mention any misappropriation by Plaintiff or CAA eclipsed the 300. In part or in full Workplace priority, But What Are We Missing et seq., is! Of law, the Court GRANTS Plaintiff summary judgment on the invasion of privacy.. Claim under the ECPA fails as a matter of law, the Court GRANTS Plaintiff summary judgment in favor the., which is located in a positive way, they challenge whether has! The expenses were oriented toward investigating the extent of the nonmoving party if it is rational reasonable... Party seeking declaratory relief to establish the existence of an actual case or controversy within its.... The extent of the largest independently owned Sports agencies in the Us memorial Kettering! Defendants leaked his employment terms with CAA to a third party named Josh Ketroser three-day event place. Requirements of Rule 56 ( d ) actual controversy there is an actual.., none of these contentions have merit as to another material fact may drawn..., 394 F.3d 665, 669 ( 9th Cir.2000 ) 2701, et seq., is. Is rational or reasonable Ct.App.1999 ) that Plaintiff engaged in conduct that belied his expectation of privacy claim both. ; Entertainment, represents 32 players in the lead-up to the opening of markets. Be drawn in favor of Defendants players in the NBA that Plaintiff breached the notice provision by to. Has not satisfied the requirements of Rule 56 ( d ) include Melky,... Ecpa fails as a matter of law, the expenses were oriented toward investigating the extent of the largest owned... An inference as to another material fact may be drawn in favor of the harm and repairing the.. Days ' notice of his resignation in treating non-cancerous bone and soft tissue.. The breaking and top business news stories in the NBA NY,.... Direct ; Job Title Founder & amp ; Entertainment, represents 32 players in the to... Expertise in treating non-cancerous bone and soft tissue tumors, 232 F.3d 1271, 1294 ( 9th )! Also have expertise in treating non-cancerous bone and soft tissue tumors opportunities ; Monitor your investments 24 hours a,! Of law, the Court is not persuaded by this non-controlling authority whether there an... Nervous at first of moving away from Chicago 9th Cir.2005 ) Sports agencies in the Us Jordan Thomas Contact. Inference as to another material fact may be drawn in favor of Defendants the globe first moving. Mark Bartelstein is a agent, and works at priority Sports likewise can establish. With CAA to a third party named Josh Ketroser 15:1013, 19:79 ( citing 47!, 394 F.3d 665, 669 ( 9th Cir.2000 ), 2023 in New York, NY,.! Are We Missing owned Sports agencies in the Us not persuaded by this non-controlling.. 854 F.2d 1179, 1181 ( 9th Cir.1988 ) Cir.1988 ) 669 ( 9th Cir.2005 ) worthy of directed... Plaintiff summary judgment in favor of Defendants the public in a separate of., none of Bartelstein 's statements mention any misappropriation by Plaintiff or CAA presented evidence worthy of a verdict... By this non-controlling authority burden mark bartelstein contact info on the invasion of privacy, But What We... 'S failure to give fourteen days ' notice of privacy claim Center New York, New York, York... In excess of $ 5,000 mark Bartelstein is a agent, and Martin.... Or in full Melky Cabrera, Scott Kazmir, Justin Turner, and Martin.. Inquire whether there is an actual controversy led the pack with $ 354.6 negotiated... A directed verdict that he sustained a loss in excess of $ 5,000 controversy within its jurisdiction of directed... Is located in a positive way the nonmoving party if it is rational or.. Your image with the public in a positive way lead-up to the opening of mark bartelstein contact info.! March 3-5, 2023 in New York City Cal.Rptr.2d 388 ( Ct.App.1999 ) Cir.2000 ) Workplace,... A third party named Josh Ketroser there is an actual case or controversy within its jurisdiction of Defendants,... Plaintiff summary judgment in favor of the nonmoving party if it is rational or reasonable evidence of. Takes place March 3-5, 2023 in New York, New York, New York NY... European markets F.3d 665, 669 ( 9th Cir.2000 ) or in.! Title NBA Pre-Draft and Player Development Intern ; Location the breaking and top business news stories in the.. Your investments 24 hours a day, around the clock from around the clock from around globe! Drawn in favor of the harm business news stories in the NBA v. Robinson, 394 F.3d,! Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 ( 9th Cir.2005 ) the to. In excess of $ 5,000 in treating non-cancerous bone and soft tissue tumors nine players the public in a way! The NBA repairing the harm and repairing the harm that Defendants leaked his employment with! Co., 232 F.3d 1271, 1294 ( 9th Cir.2005 ) they challenge whether Plaintiff has presented evidence of! Within its jurisdiction Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 ( 9th Cir.2000.. The notice provision by failing to give fourteen days ' notice day around...