Correct. Apparently the "offer" came nine days after the suspension of operations. Can't you see a conspiracy when it's RIGHT THERE IN FRONT OF YOU? SUM offered to buy something at an estate sale, but because the deceased came back to life later, it totally, means they can be charged with murder.
Surprised the NASL lasted this long. Honestly thought they wouldve thrown in the towel by now. Though this is likely the last ditch effort before they concede.
As someone who loves a good analogy, I'd just like to say that this is possibly in the top ten or so analogies in all of recorded history.
I would post them on here, but i'd rather just send people to @turneresq on Twitter. He's been posting tons of interesting court documents over the last 24 hours pertaining to the case.
Not a lawyer, but... 1. The USSF is taking a hard line on the USL D2 application. That explains why Seattle is moving Sounders2 a year early, why Whitecaps2 is folding, and the other rumors related to teams such as Swope Park, Orlando City, etc. Doing so removes one of NASL's arguments about the USL receiving favoritism. 2. The summary judgement hearing will likely be during December. January at the latest. 3. The briefs lay out the framework of the arguments each side will take. No need to expand on them further, as they are obvious and have been rehashed here and elsewhere numerous times. 4. NASL is trying to add things late, which is something USSF will likely object to, as they weren't in the initial findings. I have no idea what that means big-picture-wise. 5. The feeling was that the judge is leaning toward giving the injunction, but that USSF had shown enough to not make that a certainty.
The part I got to on the tweets was that the Judge was asking why it was necessary to declare D2 sanctioning now, when 2018 was several months off. I suspect that the arguments were headed toward commitments and out clauses, such as for NCFC, but the page ended. Anybody have what came next?
SUM response: http://www.frontrowsoccer.com/2017/...isso-sums-conduct-way-improper-without-merit/ “The facts behind that bid are that SUM, the marketing, licensing and commercial affiliate of Major League Soccer, was informed that the Cosmos were going out of business and were trying to sell its commercial assets for as much money as possible to pay its creditors. Those assets included the Cosmos name, a film library, the use of Pele’s likeness in connection with Cosmos-related merchandise, etc. As one of the leading soccer commercial companies in the United States representing a wide variety of soccer properties, SUM placed a bid for these soccer-related commercial opportunities with the view that it could develop merchandise and other products for the public. “As a part of its bid, SUM included common provisions that the seller — the prior owner of the Cosmos — would not devalue those assets and create consumer confusion by operating a new team in the New York metropolitan area for 10 years. SUM’s bid was not successful, and it made no further efforts to buy the assets. Any suggestion by Mr. Commisso that SUM’s conduct was in any way improper is without any merit.” Emphasis mine.
To argue for NASL's current plan (unusual for me), having two owners holding most of the league and getting it turned around when at the brink of collapse happened in the most successful soccer league in this country's history. I don't think Commiso and da Silva are quite Hunt and Anschutz, but the parallel can be made.
If NASL lawyers win anything past a motion to continue, they will gain business. If MLS lawyers lose this lawsuit, they are out of business. Who would want to hire the lawyers that lost this while Commisso babbles through it all?
Well, it depends on what winning and losing constitutes. I fully expect the injunction to be granted. High-powered attorneys seem to be able to get injunctions without too much trouble, if what you see in the media holds true. The big question will be what the court says about whether the USSF has the legal authority to set up the rules for divisions standards and then enforce them. If the court rules in USSF's favor, I think NASL staved off death for one year, maybe two.
Not really. Investors are backing away from NASL. If the court rules that USSF can't regulate divisions, that NASL will have to compete head to head with MLS. This is with minor league talent, minor league facilities, and little to know brand awareness outside of those who rant about it on the internet.
Well, there are about 8 or nine NPSL teams that are allegedly ready to jump up to NASL should NASL remain at D2 (no word on what happens and divisions are abolished), so I wouldn't say NASL is missing out on investors. Of course, none of these guys seem to have the money to compete with USL teams, much less MLS. One way or another, whether NASL dies in a few months, or it implodes in another year or two, I just don't see how their business model is going to work against either USL or MLS (lol).
The only thing I'd edit (I'm @turneresq) is that my feelings about the Judge favoring the injunction was based on the transcript of the hearing to schedule everything, and that was BEFORE she had read any briefing on this case. At that point, she didn't know any more about the case than a random person on the street. Sort of a, "why not grant the injunction; what is the harm?" line of thinking. She may well change her mind based on the arguments presented.
No MLS lawyers are involved in this suit as far as I know. (Though Latham & Watkins is kind of ubiquitous.)
I have heard this stated previously by others. Please don't take this personally but I don't believe it. One or two, maybe three, OK I'll buy it.
I'm really curious how SD and OC will take to adding NPSL teams and having to shell out to keep them afloat along with their own expenses. I would hope no one but Silva and Rocco pay to help the NPSL teams but I wouldn't be surprised if they pushed for all the teams to chip in, which IMO will eventually lead to more established teams leaving after a season or two.
My understanding was the Silva, Rocco and Palmer would "sponsor" two teams each, so the other NASL teams wouldn't have to pay. To me, OC is getting such a slow start that I can't see it doing well. I'd kind of like for them to get the injunction so that the NASL can fail miserably and maybe that would shut people up. But it probably wouldn't.
If eight or nine NPSL teams step up, sponsored or not, six or seven of them will be disasters. Whether they actually fold or not.
This was in Szymanski's Declaration, before they decided to start redacting everything: Remember, re: Rocco's declaration about the new teams joining, we already know the locations. Just don't know about ownership. #NASL v #USSF pic.twitter.com/84se3tFFcB— Miki Turner (@turneresq) October 24, 2017
Judge in NASL v USSF case will make decision on NASL's preliminary injunction for division-two status later this week.— Ian Thomas (@byIanThomas) October 31, 2017 Highlights from the hearing: Judge will make a decision by end of week. North Carolina FC is going to USL. SF Deltas will fold.— Chris Kivlehan (@kivlehan) October 31, 2017