Monthly Archives: September 2009

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

Gary Bettman: Tired of playing the game?

What has taken Judge Baum so long to make a ruling?

He’s in a bit of a conundrum, that’s why.

 Judge Baum has known this team has been a failure in Glendale, and even in Phoenix, as it has failed to do anything but lose money every year it has been located in the desert.

No, the issue for Judge Baum has always been the roadblocks the NHL, and it’s friends have put in the way of Jim Balsille and PSE to obtain this team, and move it to Southern Ontario.

That is obvious.

The judge has been likely trying to figure out how to make a ruling that will be able to stand up to the appeal that is innevitable from the NHL.

 In fact, today in court, the NHL lawyers made it clear that they would only listen to “the highest court in the land“, if they were to be delayed into the season. Baum likely didn’t like to hear that.

It would be good for the lawyer, Goldfein, to take a course in how to win friends and influence judges. Yes, that might go a long way.

Jim Balsillie: Willing to call the NHL's bluff

In any event, let’s get to what legal maneuvers the PSE team has made to effectively call the bluff of the NHL.

 The league and it’s “friends” have been trying to get this team out of bankruptcy, and away from scrutiny.

 However, and this is the big “however”, in the NHL’s offer, Glendale is required to allow the league a “one year out clause“, which means that if they cannot find that local hero, then they relocate the team to another centre.

Here’s the crux.

The NHL brought in Jerry Reinsdorf in the 11th hour to be that local hero, or white knight.  But, Reinsdorf’s offer (which was leaked to the world) had numerous concessions that, in effect left Glendale on the hook for any losses. It also required  significant annual concessions.

 It was not a very secure bid from a confidence perpective, not supporting the belief the team “could work” in Glendale. Included was a  five year out clause , effectively breaking the camels back.

Since Reinsdorf pulled his bid, the NHL came in with their own bid, strangely in competition with the only other “stay home bid” of Ice Edge. This led to speculation of the NHL’s motives to hand the team off to Reinsdorf for relocation.

Ice Edge could not obtain the necessary deal with the City, and not surprisingly had to pull their bid, but somehow feel that they can obtain a better deal “post-bankruptcy”.

So what’s up ?

Why does the NHL and Ice Edge so desperately want to get this team out of bankruptcy?

The motivation of the NHL preferring Reinsdorf would suggest the coalition representing Reinsdorf, including Tony Tavares (Sports Properties Acquisition Group), impels one to believe this team has been branded for relocation . The NHL would then have effectively taken Glendale for a ride.

Since Jerry Moyes put the team in bankruptcy, the lease and lease penalty has been the contentious issue. The one year out clause  included in the NHL offer conveniently allows them to get off the hook to relocate the team, and Glendale would  have no recourse having agreed to it in bankruptcy.

In other words, thanks Jerry (Moyes). You solved our problem! Your chapter 11 and the NHL plan was the perfect solution to move the team.

But wait, hold on.

The Balisillie team has realized that there is something awry in the NHL bid, and they are questioning the motives of the NHL. They are effectively giving the City of Glendale a better guarantee (an insurance policy) against the league’s  planned deceipt.

The local buyer will in effect have to buy the team as Jerry Moyes left it – concession free, or it’s no deal.

In other words, it’s time to put your money where your mouth is. There will not be able to be any secret deals. The offer you get will be the same circumstances Jerry Moyes was under, as he was unable to turn a profit.

You want the Coyotes, you will be inheriting the City of Glendale’s expectations, as they were imposed upon Jerry Moyes.

Quite simply, alterior motives or secret deals will not be possible.

The PSE group is so convinced that there will not be any buyers willing to be locked into that liability, that they are offering the City of Glendale $25 million either way.

As Judge Baum would say:

“to an old bankruptcy judge, $25-million in cash no matter what happens seems like a big change.”

PSE, in short, is willing to gamble $25 million that there will not be a local buyer that will satisfy the terms the City of Glendale has in place.

PSE is ready to write that cheque with the support of the City of Glendale, regardless of  NHL appeal or not.

That’s confidence.

It’s now time for the NHL to wonder how they will get out of this. Likely not too well it would seem, as this game is over. Judge Baum had commented, regarding mediation:

“My blunt guess is I see no prospect of settlement under the present posture of this case,” Judge Baum said.

And, my guess is that with the Canadian Competition Bureau on “stand by”, Baum knows something we all don’t, and he has further demonstrated this fact with a distant ‘who cares’ attitude to the Eugene Melnyk radio commentary. No, his only concern is the appeal of the NHL.

 The veto issue would appear to not be an issue at all for Baum.  It should be as big an issue as the NHL appeal, but isn’t. Now, isn’t that interesting? Would this explain the confident press release of the CCB?

In an all we got left effort, SOF and the NHL are continuing to pressure the judge to render a decision.  What are you afraid of boys? The tension getting to you?

“Desperation” after all is the word the  NHL has used repeatedly referring to Moyes and Balsillie’s attempts to convince the judge and the City of Glendale about their position.

Yes, the NHL is becoming desperate.

But something tells me this judge  is going to ensure he takes his time in drafting his decision. After all, the NHL will be challenging him in appeal, as Goldfein so obnoxiously and repeatedly emphasized .

And, the longer the delay in moving the team to Hamilton, the NHL will be responsible for those losses too. Poetic justice best served cold.

Jim Balsillie and his legal team have outdone themselves on calling the bluff of all the parties.

Like saying, “okay, do what you say you will. Find a local owner. But if this team is relocating it is mine”.

Jim Balsillie is ready to write that cheque for $25 million, and put his money where his mouth is.

First the cheque, then the ‘check mate’.

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

Gary Bettman: Tired of playing the game?

What has taken Judge Baum so long to make a ruling?

He’s in a bit of a conundrum, that’s why.

 Judge Baum has known this team has been a failure in Glendale, and even in Phoenix, as it has failed to do anything but lose money every year it has been located in the desert.

No, the issue for Judge Baum has always been the roadblocks the NHL, and it’s friends have put in the way of Jim Balsille and PSE to obtain this team, and move it to Southern Ontario.

That is obvious.

The judge has been likely trying to figure out how to make a ruling that will be able to stand up to the appeal that is innevitable from the NHL.

 In fact, today in court, the NHL lawyers made it clear that they would only listen to “the highest court in the land“, if they were to be delayed into the season. Baum likely didn’t like to hear that.

It would be good for the lawyer, Goldfein, to take a course in how to win friends and influence judges. Yes, that might go a long way.

Jim Balsillie: Willing to call the NHL's bluff

In any event, let’s get to what legal maneuvers the PSE team has made to effectively call the bluff of the NHL.

 The league and it’s “friends” have been trying to get this team out of bankruptcy, and away from scrutiny.

 However, and this is the big “however”, in the NHL’s offer, Glendale is required to allow the league a “one year out clause“, which means that if they cannot find that local hero, then they relocate the team to another centre.

Here’s the crux.

The NHL brought in Jerry Reinsdorf in the 11th hour to be that local hero, or white knight.  But, Reinsdorf’s offer (which was leaked to the world) had numerous concessions that, in effect left Glendale on the hook for any losses. It also required  significant annual concessions.

 It was not a very secure bid from a confidence perpective, not supporting the belief the team “could work” in Glendale. Included was a  five year out clause , effectively breaking the camels back.

Since Reinsdorf pulled his bid, the NHL came in with their own bid, strangely in competition with the only other “stay home bid” of Ice Edge. This led to speculation of the NHL’s motives to hand the team off to Reinsdorf for relocation.

Ice Edge could not obtain the necessary deal with the City, and not surprisingly had to pull their bid, but somehow feel that they can obtain a better deal “post-bankruptcy”.

So what’s up ?

Why does the NHL and Ice Edge so desperately want to get this team out of bankruptcy?

The motivation of the NHL preferring Reinsdorf would suggest the coalition representing Reinsdorf, including Tony Tavares (Sports Properties Acquisition Group), impels one to believe this team has been branded for relocation . The NHL would then have effectively taken Glendale for a ride.

Since Jerry Moyes put the team in bankruptcy, the lease and lease penalty has been the contentious issue. The one year out clause  included in the NHL offer conveniently allows them to get off the hook to relocate the team, and Glendale would  have no recourse having agreed to it in bankruptcy.

In other words, thanks Jerry (Moyes). You solved our problem! Your chapter 11 and the NHL plan was the perfect solution to move the team.

But wait, hold on.

The Balisillie team has realized that there is something awry in the NHL bid, and they are questioning the motives of the NHL. They are effectively giving the City of Glendale a better guarantee (an insurance policy) against the league’s  planned deceipt.

The local buyer will in effect have to buy the team as Jerry Moyes left it – concession free, or it’s no deal.

In other words, it’s time to put your money where your mouth is. There will not be able to be any secret deals. The offer you get will be the same circumstances Jerry Moyes was under, as he was unable to turn a profit.

You want the Coyotes, you will be inheriting the City of Glendale’s expectations, as they were imposed upon Jerry Moyes.

Quite simply, alterior motives or secret deals will not be possible.

The PSE group is so convinced that there will not be any buyers willing to be locked into that liability, that they are offering the City of Glendale $25 million either way.

As Judge Baum would say:

“to an old bankruptcy judge, $25-million in cash no matter what happens seems like a big change.”

PSE, in short, is willing to gamble $25 million that there will not be a local buyer that will satisfy the terms the City of Glendale has in place.

PSE is ready to write that cheque with the support of the City of Glendale, regardless of  NHL appeal or not.

That’s confidence.

It’s now time for the NHL to wonder how they will get out of this. Likely not too well it would seem, as this game is over. Judge Baum had commented, regarding mediation:

“My blunt guess is I see no prospect of settlement under the present posture of this case,” Judge Baum said.

And, my guess is that with the Canadian Competition Bureau on “stand by”, Baum knows something we all don’t, and he has further demonstrated this fact with a distant ‘who cares’ attitude to the Eugene Melnyk radio commentary. No, his only concern is the appeal of the NHL.

 The veto issue would appear to not be an issue at all for Baum.  It should be as big an issue as the NHL appeal, but isn’t. Now, isn’t that interesting? Would this explain the confident press release of the CCB?

In an all we got left effort, SOF and the NHL are continuing to pressure the judge to render a decision.  What are you afraid of boys? The tension getting to you?

“Desperation” after all is the word the  NHL has used repeatedly referring to Moyes and Balsillie’s attempts to convince the judge and the City of Glendale about their position.

Yes, the NHL is becoming desperate.

But something tells me this judge  is going to ensure he takes his time in drafting his decision. After all, the NHL will be challenging him in appeal, as Goldfein so obnoxiously and repeatedly emphasized .

And, the longer the delay in moving the team to Hamilton, the NHL will be responsible for those losses too. Poetic justice best served cold.

Jim Balsillie and his legal team have outdone themselves on calling the bluff of all the parties.

Like saying, “okay, do what you say you will. Find a local owner. But if this team is relocating it is mine”.

Jim Balsillie is ready to write that cheque for $25 million, and put his money where his mouth is.

First the cheque, then the ‘check mate’.

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

In the past, we’ve asked the question, who is ‘them’?

You know, the folks that were controlling the destiny of Jerry Moyes.

I'll borrow this picture but not share the sentiment of hopelessness

Now the question is, how can the media (they) say that Jim Balsillie’s hopes are being dashed?

How quickly even the National Post reports that although they see Jim Balsillie with an outside chance, it’s not looking good.

Well, it wasn’t even looking good that he would still be in court, but he still is.

He has defied the odds, that would be the media. He is still there. In fact, if it wasn’t for the NHL placing their own bid in opposition, Balsillie would already be the last man standing. Oh, what would the media say then?

He is in a  hearing today, all but brief, to request mediation with the NHL.  That could be looked at like it was a good thing – the judge wanting the sides to come to terms because it is obvious Jim Balsillie is the favored bid. But, no, we have to look at it like a desperate attempt to salvage this thing:

And so whenever one party or the other proposes mediation, as Moyes and Balsillie’s company, PSE, did this week, it feels like weakness. Yes, Judge Baum has been dropping hints all along that he would like the two sides to mediate their way out of this mess, and it could be argued that attempts at mediation are just shows of good faith. But again, this is like WWI – both sides are entrenched, and the end will be imposed by the tip of the spear.

The odds makers in the media have never really given Jim Balsillie a chance. They still don’t.

The irony is, the press in Glendale and Arizona don’t give the fans there any hope.

It leaves us with a despair on both sides. So, who wants this thing?

Is it easier to publish bad news with little insight? It must be.

It would be like saying, “well, Canada stands to win a gold at the Olympics today, but the chances are they won’t because they never did before”.  “And there are several countries that may object, get together, and influence the judges” What?

The case in the Phoenix courtroom has been an issue of giving Jerry Moyes a chance to get some of his money back. The judge has been on his side on this.

The manipulation of the court by the NHL and it’s friends really is affecting the “integrity of the bankruptcy process” as implied by the U.S. Bankruptcy Trustee and the U.S. Department of Justice.  Something has to give.

The pigheadedness of the NHL, the City of Glendale, and the secured creditor have been against Jerry Moyes before this case started. They continue to want to control the outcome. Too bad they ran into a very intelligent judge.

So, when Moyes sought “bankruptcy protection”, he sought “protection” from the conspirators.

If the NHL and it’s friends can manipulate the court in the United States, we all have reason for concern.

And is this what we base the negative press on? A complete sense of apathy?

May a judge instill in us a greater faith that justice can prevail.

Media or no media.

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

In the past, we’ve asked the question, who is ‘them’?

You know, the folks that were controlling the destiny of Jerry Moyes.

I'll borrow this picture but not share the sentiment of hopelessness

Now the question is, how can the media (they) say that Jim Balsillie’s hopes are being dashed?

How quickly even the National Post reports that although they see Jim Balsillie with an outside chance, it’s not looking good.

Well, it wasn’t even looking good that he would still be in court, but he still is.

He has defied the odds, that would be the media. He is still there. In fact, if it wasn’t for the NHL placing their own bid in opposition, Balsillie would already be the last man standing. Oh, what would the media say then?

He is in a  hearing today, all but brief, to request mediation with the NHL.  That could be looked at like it was a good thing – the judge wanting the sides to come to terms because it is obvious Jim Balsillie is the favored bid. But, no, we have to look at it like a desperate attempt to salvage this thing:

And so whenever one party or the other proposes mediation, as Moyes and Balsillie’s company, PSE, did this week, it feels like weakness. Yes, Judge Baum has been dropping hints all along that he would like the two sides to mediate their way out of this mess, and it could be argued that attempts at mediation are just shows of good faith. But again, this is like WWI – both sides are entrenched, and the end will be imposed by the tip of the spear.

The odds makers in the media have never really given Jim Balsillie a chance. They still don’t.

The irony is, the press in Glendale and Arizona don’t give the fans there any hope.

It leaves us with a despair on both sides. So, who wants this thing?

Is it easier to publish bad news with little insight? It must be.

It would be like saying, “well, Canada stands to win a gold at the Olympics today, but the chances are they won’t because they never did before”.  “And there are several countries that may object, get together, and influence the judges” What?

The case in the Phoenix courtroom has been an issue of giving Jerry Moyes a chance to get some of his money back. The judge has been on his side on this.

The manipulation of the court by the NHL and it’s friends really is affecting the “integrity of the bankruptcy process” as implied by the U.S. Bankruptcy Trustee and the U.S. Department of Justice.  Something has to give.

The pigheadedness of the NHL, the City of Glendale, and the secured creditor have been against Jerry Moyes before this case started. They continue to want to control the outcome. Too bad they ran into a very intelligent judge.

So, when Moyes sought “bankruptcy protection”, he sought “protection” from the conspirators.

If the NHL and it’s friends can manipulate the court in the United States, we all have reason for concern.

And is this what we base the negative press on? A complete sense of apathy?

May a judge instill in us a greater faith that justice can prevail.

Media or no media.

Oh, don't worry about that - he will! In fact, he'll be driving the bus!

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

Just a reminder to the remaining press supporting the Phoenix Coyotes. There is a judge presiding over the case that does not believe hockey is supported in Glendale. Just thought I’d let you know.

That may come in handy the next time you choose to downplay the significance of a mere 1000 (to 3000)  fans coming out to see the team play in Glendale, preseason or not. All eyes are going to be watching. Why not?

Here is an example of the blogging from the die hard Phoenix fans:

First, it’s preseason, secondly the numbers are most likely reflecting the extremely tough offseason with all its negative press and virtually NO marketing. God knows the local media had nothing good (or anything for that matter) to say on the subject. I don’t know many teams that are going to sell out a preseason game after the 5 months of hell like the Coyotes have gone through.

And while the fans aren’t going to do much to influence Judge Redfield Tomlinson Baum (apparently that’s the “T”) you can still silence some of those naysayers. Put your money where your mouth is and your mouth howling at the games.

When in “preseason” you have a chance to prove support of the team you stand to lose you choose not to? You blame marketing, or the hard off season? Hello?

If there was profit in Glendale, Mr. Moyes wouldn’t be in bankruptcy. If the fans actually came out and bought NHL calibre tickets at NHL calibre prices (at least $50 to $70 per pop), those hamburgers and programs and beers wouldn’t have been “thrown in”. The fan support has been terrible, and without money, this team will not make it in Glendale. Don’t have to convince the judge on that one. Basketball isn’t the only game that doesn’t “play well” at Jobing.com arena.

The judge that you have a chance to prove or disprove this to is definitely watching. The fan support is still terrible, and thanks to that, it’s over in Glendale. No amount of blaming everyone and everything around is going to change that.

To put it another way, had the fans in Winnipeg had a chance to show a judge in a fell swoop how much they appreciated their hockey team, I think you would find the same 35,000 (that’s right, three ‘zeros’ not two) that filled the streets would have been trying to cram themselves into the Winnipeg arena (that only housed 15,000).

And that brings us to the point.

The fans in Phoenix (Glendale) blamed Mr. Moyes for the hardship of the team. I guess he was the “flavour of the week” for a number of weeks when it came to finger pointing.

The NHL jumped on that bandwagon, as convenient as it was, and continued the charade of blaming Moyes.

Well, according to the official website of the NHL’s Phoenix Coyotes, the NHL continues to paint Mr. Moyes as a desperate man. Yes, as they say,‘ in a last ditch effort’, he is requesting mediation:

In what could be a last-ditch effort to save his plan, Moyes sought the emergency hearing as the lead debtor who took the team into Chapter 11 bankruptcy on May 5 with the intention of selling the team to Balsillie.

Just a word to the NHL, it’s attorneys and others that believe the judge is siding with you. Think! Judge Baum is supporting Moyes’ mediation request. Baum does not think hockey can work in the desert. He likely decided shortly after he told everyone he did not see any other legitimate bidders than PSE at the outset of the trial who was the favorite. That was supported by the arrival of the U.S. trustee in bankruptcy.

The fact that Baum said Reinsdorf and Ice Edge were just “hanging around”, and were not serious is a way of saying “I see what you tried, and it didn’t work.”

Baum has tried to get the two sides together throughout this case. “Have that seat ready for Mr. Balsillie, won’t you”?

Really folks, do we need a sledgehammer to see what the reality is here?

Judge Baum favours Balslillie. He would likely let the NHL rot if it were not for the man that Jim Balsillie helped pull from under the bus.

Despite it all, Moyes has tried to offer the city of Glendale a chance to really look at the $50 million. As also urged by the judge.

Moyes has suggested mediation, as supported by Judge Baum.

Again, is it so hard to see that this case has always been about Mr. Moyes?

Judge Baum saw all the money in a legitimate bid that pays off all the creditors. It was even sweetened to allow several years’ debt service on the arena bond. There is money ready to cover the interest should the NHL force an appeal.

Judge Baum does not want to force a decision upon the NHL, but will if forced to.

That writing is on the wall.

It's time to wake up and realize who's driving the bus

Mr. Moyes deserved his money at the end of this fiasco. Judge Baum knows it. He has been trying to make it happen in a cordial fashion for quite some time now.

Yes, Moyes has gone from being thrown under the bus, to driving it.

And yes, he will be driving the team north.

Thanks for the suggestion.

Oh, don't worry about that - he will! In fact, he'll be driving the bus!

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

Just a reminder to the remaining press supporting the Phoenix Coyotes. There is a judge presiding over the case that does not believe hockey is supported in Glendale. Just thought I’d let you know.

That may come in handy the next time you choose to downplay the significance of a mere 1000 (to 3000)  fans coming out to see the team play in Glendale, preseason or not. All eyes are going to be watching. Why not?

Here is an example of the blogging from the die hard Phoenix fans:

First, it’s preseason, secondly the numbers are most likely reflecting the extremely tough offseason with all its negative press and virtually NO marketing. God knows the local media had nothing good (or anything for that matter) to say on the subject. I don’t know many teams that are going to sell out a preseason game after the 5 months of hell like the Coyotes have gone through.

And while the fans aren’t going to do much to influence Judge Redfield Tomlinson Baum (apparently that’s the “T”) you can still silence some of those naysayers. Put your money where your mouth is and your mouth howling at the games.

When in “preseason” you have a chance to prove support of the team you stand to lose you choose not to? You blame marketing, or the hard off season? Hello?

If there was profit in Glendale, Mr. Moyes wouldn’t be in bankruptcy. If the fans actually came out and bought NHL calibre tickets at NHL calibre prices (at least $50 to $70 per pop), those hamburgers and programs and beers wouldn’t have been “thrown in”. The fan support has been terrible, and without money, this team will not make it in Glendale. Don’t have to convince the judge on that one. Basketball isn’t the only game that doesn’t “play well” at Jobing.com arena.

The judge that you have a chance to prove or disprove this to is definitely watching. The fan support is still terrible, and thanks to that, it’s over in Glendale. No amount of blaming everyone and everything around is going to change that.

To put it another way, had the fans in Winnipeg had a chance to show a judge in a fell swoop how much they appreciated their hockey team, I think you would find the same 35,000 (that’s right, three ‘zeros’ not two) that filled the streets would have been trying to cram themselves into the Winnipeg arena (that only housed 15,000).

And that brings us to the point.

The fans in Phoenix (Glendale) blamed Mr. Moyes for the hardship of the team. I guess he was the “flavour of the week” for a number of weeks when it came to finger pointing.

The NHL jumped on that bandwagon, as convenient as it was, and continued the charade of blaming Moyes.

Well, according to the official website of the NHL’s Phoenix Coyotes, the NHL continues to paint Mr. Moyes as a desperate man. Yes, as they say,‘ in a last ditch effort’, he is requesting mediation:

In what could be a last-ditch effort to save his plan, Moyes sought the emergency hearing as the lead debtor who took the team into Chapter 11 bankruptcy on May 5 with the intention of selling the team to Balsillie.

Just a word to the NHL, it’s attorneys and others that believe the judge is siding with you. Think! Judge Baum is supporting Moyes’ mediation request. Baum does not think hockey can work in the desert. He likely decided shortly after he told everyone he did not see any other legitimate bidders than PSE at the outset of the trial who was the favorite. That was supported by the arrival of the U.S. trustee in bankruptcy.

The fact that Baum said Reinsdorf and Ice Edge were just “hanging around”, and were not serious is a way of saying “I see what you tried, and it didn’t work.”

Baum has tried to get the two sides together throughout this case. “Have that seat ready for Mr. Balsillie, won’t you”?

Really folks, do we need a sledgehammer to see what the reality is here?

Judge Baum favours Balslillie. He would likely let the NHL rot if it were not for the man that Jim Balsillie helped pull from under the bus.

Despite it all, Moyes has tried to offer the city of Glendale a chance to really look at the $50 million. As also urged by the judge.

Moyes has suggested mediation, as supported by Judge Baum.

Again, is it so hard to see that this case has always been about Mr. Moyes?

Judge Baum saw all the money in a legitimate bid that pays off all the creditors. It was even sweetened to allow several years’ debt service on the arena bond. There is money ready to cover the interest should the NHL force an appeal.

Judge Baum does not want to force a decision upon the NHL, but will if forced to.

That writing is on the wall.

It's time to wake up and realize who's driving the bus

Mr. Moyes deserved his money at the end of this fiasco. Judge Baum knows it. He has been trying to make it happen in a cordial fashion for quite some time now.

Yes, Moyes has gone from being thrown under the bus, to driving it.

And yes, he will be driving the team north.

Thanks for the suggestion.

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

It was metaphoric as Wayne Gretzky picked up the game puck off the ice in the final game to be played in the Winnipeg Jets arena…..he got the last puck alright….and later, he decided to hand it over, as it was time to do the right thing….

Well Wayne, like that last game puck in Winnipeg, holding off on your position with the team that was the Jets, the hockey team in Glendale, is getting stale. It’s time to make the right decision yet again. It’s  time to answer to the reasoning you are okay with Jerry Moyes’ struggles, and your own motives….it’s time to address Canadians too, and let us know your true position.

Okay, I’m finally ‘going there’! Where no man has gone before (at least too often). I am going to question the greatest player that has ever laced on the skates. A Canadian, with roots in Brantford. A Canadian, with a winery in Niagara. Wayne Gretzky has plenty of reasons to welcome an opportunity to support a team in his hometown, but chooses not to….so what’s up? 

I have had my theories. Oh yes, there are several ideas and possibilities that have crossed my mind now and again as the saga in the desert plays out.

Wayne Gretzky: Time to come clean on this one

This isn’t easy….I have been holding off and holding off for a long time as we all start to question where Wayne Gretzky has been.

Now we have the team on ice, with a substitute coach. Eyes are starting to wander again. Where is Wayne?

I don’t know Wayne Gretzky, but we share the same era. We were both born in 1961, within a month or so of each other. I was a hockey hack, and he just happened to be the best player that ever lived.

I am the same age and in that regard Wayne Gretzky’s peer. We are fellow middle-agers. We have responsibility to the world, and to the people around us. I understand he has his family in Los Angeles. But hockey is a travelling game, so that reasoning pales to something that quenches a desire for truth. As a hockey player or coach based out of Arizona, you are on the road (a lot) during the hockey season. And, something tells me he can also afford to get back to Los Angeles anytime he has free time. So, as an excuse, it is not very substantial.

So, it’s time to question a man from my own generation. We both know what hockey meant to us road hockey warriors after school. Hockey was everywhere. Hockey really meant something then.

Wayne’s favorite player was #9, Gordie Howe. Mine, Davey Keon of the Leafs. A close second was Ronny Ellis.

Many of my questions may be shared by other men  of our era, as we have seen hockey go from a game of passion, to a game that they want to play in 105 degree heat. What on earth happened?  Where has the Canadian pride gone? We need leadership and support.

Bobby Orr has been one of the few to stand up and be noticed. Where are the other Canadian hockey legends to stand toe to toe with the rest of us, and make a point? I certainly don’t think kids in Phoenix don’t deserve professional hockey. The AHL would fit nicely. But, to keep the NHL from the true north, strong and free so the south can have it is nutty.

And, why is the greatest Canadian player of all time not supporting our cause? We need to try to figure out where Gretzky is coming from.

So, let’s go back a stretch, and see what we have here.

Let’s go to the Nick Kypreos interview that he did with Gretzky on Sportsnet.

I had published the video because it let you do it. The site even asked what blogging service you used….here, we’ll put it there for you, no problem.

Only problem is, what happened to that interview?

It’s gone folks. Don’t try to find it. Oh, you will find many others, but Kypreos interviewing Gretzky? Good luck!

And why is it gone? That may be the bigger question.

A visibly aggitated Wayne Gretzky answered questions in an uneasy manner.

Some of his comments included:

• he believed hockey could work in Glendale. Of course it was not Canada, but in it’s own way and to it’s own degree, he believed it could work.
• he commented that Jerry Moyes had ‘taken his own direction’ on this (obviously not Gretzky’s direction)
• Canadians are passionate about hockey

Okay, that is what he believed. It certainly seemed Jerry Moyes seeking chapter 11 had an impact on Wayne Gretzky, and might open up some uncomfortable issues. Perhaps though, these were justified. It might also explain Gretzky’s siding with the NHL, and any offers to keep the team in Glendale, despite what might seem a great appeal of hometown Ontario.

And, as reported in the Wall Street Journal:

That sentiment would appear to place Gretzky on the side of the NHL, which wants to keep the team in Arizona.

But, doesn’t it seem a little strange that we have Wayne Gretzky now siding with the Ice Edge group?

What does this mean?

It means his business partner, Jerry Moyes would stand to lose $100 million if Gretzky and Ice Edge get to buy the team from the NHL (if succesful), and Jerry Moyes would lose his $100 million.

That certainly would be taking a “different direction” from Jerry Moyes, Mr. Gretzky, I would have to agree with you there.

 Is it then okay in Gretzky’s position that his business partner loses that huge amount of money? Ouch! (especially since Gretzky continues to get paid his salary (almost $22,000 per day!) despite not being there for the team).

Now, let’s take a closer look at the NHL’s plans if they are succesful.

Has anybody other than myself wondered why the City of Glendale and the NHL think they can negotiate a favourable deal with Glendale out of bankruptcy court?

The question is, what is so different out of bankruptcy court, than in court?

Good question. Deserves a little look.

Are they inferring they can sneak one by the Goldwater Group because they will not notice the deal? Probably not. I don’t think they think the Goldwater Group would be that silly as to overlook that.

Remember, Ice Edge was out because they too, along with Reinsdorf, could not work a deal with the city:

Daryl Jones, one of the partners with Ice Edge, said his group could enter the fray again if the NHL wins the auction and follows through on its plan to sell the club.

“We couldn’t get there with the City of Glendale,” Jones wrote in a text message to the Saskatoon StarPhoenix. “We are still on the ice, but probably post-bankruptcy now.”

 Excuse me? “Post-bankruptcy”?

Doesn’t that sound a little presumptuous and strange?

What could be so different post-bankruptcy? Put another way, what cannot be changed in bankruptcy?

Could it be a bond for an arena that the terms of payment cannot be altered in bankruptcy?

Could the same bond be altered by the bondholder outside of bankruptcy, to be a better deal to the city of Glendale?

And, that lends itself to the question that I am surprised that with freedom of information from the press, that we could not have that information by now.

The NHL says it would welcome Wayne Gretzky back to the coaching position but at a reduced rate. The Ice Edge Group, same thing.

Is Wayne Gretzky somehow linked to an opportunity to keep the team in Glendale, satisfying the Goldwater Group, and others? If so, what power does Wayne Gretzky have in this position?

There still remains the “everybody knows something we don’t” feel to this. If they could only get the team to the not so legal side of the courtroom.

Those parties would include:

• the NHL,
• SOF Investments,
• the City of Glendale
• Ice Edge
• possibly the Reinsdorf family
• and it would seem Wayne Gretzky

As you can guess, I am skirting around an issue here and not making a direct point. To date, there is no concrete proof, just a whole lot of circumstance to piece together.

We really need to know who holds those arena bonds, now don’t we?

Once again, would this come close to explaining why Gretzky would want to keep a low profile?

And, if a deal can be worked outside of bankruptcy court to which Wayne Gretzky could benefit from, why couldn’t this deal have been there for Jerry Moyes?

After all, Jerry Moyes will stand to lose $100 million. Is this okay with Wayne Gretzky?

This might explain why a certain interview on Sportsnet never made it to the video archives. Might also explain a very aggitated Wayne Gretzky in that interview. Is he holding onto that puck, so to speak? A little uneasy with a tough situation?

Perhaps if he was put in that position innocently, we could all understand. I know I would. But, we all need to hear from Wayne at this point. I think we would all feel a lot better.

I think Mr. Gretzky has to hand over some information on this to hockey fans everywhere. And, more importantly to Jerry Moyes, his soon to be ex-partner.

Yes, Wayne, like that puck in Winnipeg, the metaphor has come full circle.

It’s once again time to get something off your chest, and out there for us to see.

As your peer in a generation growing up with integrity in hockey, it’s time to accept responsibility for who you are, and what you represent. And in that capacity, your transparency is mandatory.

And the fact that everybody (and I do mean everybody) is okay with Jerry Moyes not coming out with a piece of his losses stinks! That would include Wayne Gretzky’s position.

We all have to deal with tough issues in life. We all make mistakes. And,we can all be forgiven.

But first, we must face the truth.

For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).

The title of this article is the case Judge Baum is likely building against the NHL…..It may be his reason to support the bid that he has intended to support from the beginning of this case……He has structured his court and the evidence allowed to do just that…

I can’t stop thinking, and I can’t stop writing.

And thanks to my friend, Patrick Romanoski, he feeds more ammunition of extreme interest and value so often, he likely knows I can’t resist either. We often have the conversation, “Do you want this one (article), cause I would love to write on that!” I guess I’m lucky, because Patrick likes to ensure his pieces have well thought out arguments. Me, I just rap it off and hope it makes sense. Much like I’m doing now. I just can’t help it, it’s juicy!

 Patrick has done it again. He popped out a National Post article on the savvy, smart, and well respected Judge Baum.

I’d have to say when they picked Baum for this case, they were likely thinking they should give it to a judge that will be so thorough and commanding that an appeal is rather unlikely to succeed.

If you can help write law for another country’s bankruptcy code, and have written several books on the matter, then you are no doubt well respected in Arizona legal circles, wouldn’t you agree?:

Does anyone really still think Judge Baum is 'afraid to make a ruling against the NHL'?

Along the way, the 61-year-old has had a hand in writing the Czech Republic’s bankruptcy code and authored several books, including one on Arizona collection law and another on Arizona civil remedies. He has also penned multiple articles for legal journals and given speeches all across the American southwest on an array of topics, from commercial law to litigation to foreclosures.

Judge Baum was listed among the top 10 outstanding bankruptcy judges by Turnarounds & Workouts, a respected bankruptcy publication, which described his experience this way: “Excellent practical experience in large cases; consensus builder, but makes tough rulings to break deadlocks; great rapport with practitioners.”

Yesterday’s  article  (‘Coming Full Circle’) was about something that hit me also. As mentioned before, I have a web stats service that logs who visits, when, where they go, etc. If you are into websites you know what I am talking about.

Well, the case has been a long one, and when I went back to the original article on the U.S. bankruptcy trustee coming into the case, I read the article and put it away.

It wasn’t until yesterday some of the site hits were making sense.

A visit from the U.S. Department of Justice came I’d say about a month or more ago. “Why?”, I thought.

I had not pieced together the fact that the U.S. Trustee for bankruptcy office is part of the U.S. Department of Justice. Bingo! That was it!

It then occured to me that this case was under investigation.

I want to clarify yesterday’s article some more in light of this National Post article, because it backs up further the fact that the NHL never got beyond satisfying the judge on the issue of “trying to control the outcome of this case”.

Let’s call it legal manipulation. Let’s call it disrespect for the court.

What is interesting is Gary Bettman himself finally saying he would have respect for the judge’s decision. That comment came at the near end of the case, and I have to tell you, that is the first time I had heard him say that. It was a moment that was as odd as the procedings in this case seemed to have been. So strange being normal, perhaps I shouldn’t have been surprised.

So, during the case, we had lawyers for both sides trying to convince Judge Baum that he should buy their story. They were looking to win a battle. The press would then jump on the slightest ruling, and make the bold statement that it didn’t look good for Jim Balsillie, or some other comment based on a completely isolated event.

As Richard Rodier, Jim Balsillie’s lawyer had said, it is better to stay calm, and not let the twists and turns bother you. Some days will seem good, and some bad.

Well, we can all relate to not knowing why anything was coming off in the court and the case the way it was. It was an emotional rollercoaster.

“Hey, why didn’t they put Richard Peddie on the stand?”, we might have said. I know I did. No deposition for Peddie, when us folks in Hamilton wanted to prove that the MLSE and the Leafs had a veto right, and we wanted them to admit it.

Why did Bettman and Daly get to be deposed, but not Peddie? And, why Craig Leipold? Peddie would have been better for some reasons. If you give us Leipold, why not Peddie? How frustrating it all seemed.

Well the thinking from yesterday was more confirmed by this National Post article on Judge Baum.

Did he indeed have his mind made up early? Well, an early decision seems to be supported in this thinking:

Oliver Wendell Holmes Jr., the distinguished American legal thinker, long-time Supreme Court Justice and prolific author of legal opinions that continue to be cited long after his passing in 1935, spent a lot of time thinking about judges.

Justice Holmes understood that those on the bench were human beings, above all. And he believed judges invariably decided a case within the first 15 minutes of starting it and spent the rest of a trial arming themselves with facts supporting their initial view.

Bingo again!

Remember at the very outset? Judge Baum asked the NHL to show the bidders because the only bid he saw was that of PSE’s?

Well, in the last days in court, Judge Baum argued with the NHL that the other bidders were “just hanging around”, and that they were not serious.

So, did Judge Baum know that the NHL was just trying to make it look like there were other bidders, and knowing full well the only good faith bid was that of PSE? I would have to say yes.

The U.S. bankruptcy trustee came, and seemingly disappeared. But the visit to my site some time into this case would suggest she was around, just not to be seen. Working hand in hand with Judge Baum perhaps?

We all forgot about her (Ilene Lashinsky), didn’t we?

There was a case alright.

How about Craig Leipold’s testimony that Judge Baum was so interested in, and questioned the mistakes Leipold made. Baum wanted to see full depositions for study.

Baum also questioned the NHL constitution. Baum asked why wasn’t article 4.3 removed? We have Leipold in one document telling Balsillie he thought there was a veto power, and in another in deposition, Leipold claims that he never said that. The failed Nashville deal was critical in the NHL’s character assasination of Balsillie. They failed to convince the judge the vote was based on true facts.

The point is, Judge Baum was filling in the pockets. He was solidifying his own case. The case he knew the outcome at the early stages, but needed his own reason to give the court.

Would we be surprised to learn that the U.S. Bankruptcy department and the Department of Justice has been assisting in this matter? Not at all.

Would I suspect that to be the case? Yes, based on the evidence.

And, I’ll go one step further.

I didn’t disclose other ‘authorities’ that have visited my site over the past months.

But a word of warning.

This case may not just affect the ruling of a hockey team, who owns it, and where it will play.

The other friends of Glendale involved in this case had better ensure they are ‘legally clean’ too.

The four months this has been going on could include multiple investigations on multiple fronts.

The civil case that Jerry Moyes would have against some colluding partners in Glendale is only one aspect.

The other would be even more worrisome.

Perhaps some people better join those already in the ‘bushes’.