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Whatever became of the issue of collusion in the Moyes case anyhow? Don’t worry, the judge has a good memory to go with his plan of attack, and he’s not too worried about the creditors’ siding with the NHL.
Everyone is supporting the NHL’s bid in the auction to sell the Phoenix Coyotes.As a result, Jerry Moyes’ attempted to get in on the council meeting that was to address the $50 million offer from Jim Balsillie to the city. Moyes could not get a phone call returned by either Ed Beasley, the city manager, or Elaine Scruggs, the mayor in the days leading up to the meeting.
As Moyes sat in attendance, he attempted to request permission to speak. Instead, he was told that since he was not on the agenda 24 hours in advance, he could not, by law, speak. It just was not possible.
Well, Moyes had some key information the city of Glendale did not want to hear.
And,that begs the question, why not?
We only have to go on the big picture leading into the auction for the answer.As we already know, Jerry Moyes was the victim of a squeeze play to strip him of wealth, and to have the team taken over by the friends in place in Glendale.
But, having it look like all creditors are against the Balsillie bid, I suppose it would make one a little leary. And, in fact Jerry Moyes has filed to request mediation to clarify the issues as a result of nobody wanting to listen.
I suppose Moyes has reason to feel the frustration of the situation. But having said that, it is my belief that although things don’t look good from an outside point of view, Moyes must look at the big picture and give judge Baum some much deserved credit.
Let me explain.
We have written articles in the past while that suggest that judge Baum is looking to set a precedent despite the odds, and nothing was better done than Patrick Romanoski’s article on the legal roadmap.
But despite it all, if you were to ask most people, they would say that based on what they see, it looks like the NHL will win, especially since they have all creditors on their side.
Of course it ‘looks’ that way! That’s what they want everyone to believe.
The taking advantage of Jerry Moyes has always had the surface look of innocence.
It’s only when you dig deeper that you see the seediness of the truth.
Would we have originally known that Moyes was being squeezed without digging deeper? No.
Well, let’s piece a few more revelations together to see if there are unanswered questions that seem to have disappeared. Well, they may have gone, but there is a judge that has not soon forgotten.
For example, and this is big.
Where did the U.S. bankruptcy trustee go? Remember her? Ilene Lashinsky came, and apparently, poof, vanished. No longer had any questions? Yeah, right. Do you really think a bankruptcy trustee is brought in to investigate, and then goes away fully satisfied that easily? Please.
And here is the bigger question. Who asked her to come in anyway? Oops! Could it have been the ever ‘keep your cards close to your chest’ Judge Baum? Sneeky guy! Might explain a man looking to build his own case that is taking a long time to put on paper. Why would that be we have asked? Giving it to the NHL would be easy. Where is that rubber stamp, anyhow? No, there is more going on here than meets the eye. You just need to think a little.
What’s that smile on your face judge? Are you enjoying your work?
In the final days in court, the NHL lawyers tried to bring up the fact that Moyes and company were painting ‘them’ in collusion.
What was the reaction of judge Baum?
He downplayed the whole thing. No way, he didn’t think the bids and bidders were serious. They were just hanging around.
Sorry judge, caught ya! We both know better now don’t we?
The U.S. bankruptcy trustee who seemingly came and vanished gave you something of value that, like everything else, you weren’t about to disclose to the court.
In fact, the judge in this case was leading his own case, and directing the parties in his own way. Stop the antitrust vein. Don’t go there that Reinsdorf was committed. Many may have missed it, but not all.
Why do I mention these things?
Well, if you were judge Baum, and you initially suspected favoritism in the NHL and the ‘friends of Glendale’ why on earth would you accuse anybody in court? What would be smarter?
It would make more sense to get the evidence you, as a judge would require to keep in the back of your mind as you formulate the ‘plan of attack’.
If this were the run of the mill bankruptcy, as Patrick Romanoski would say, then the fact that the creditors all side with the NHL would be an issue. But since we have a situation of collusion and manipulation on the part of the secured creditor and the city of Glendale, then that changes things. A lot!
Jerry Moyes was the victim of a conspiracy, a collusion, or whatever you want to call it.
The judge got the evidence he needed, and nobody was the wiser.
His decision will reflect everything but the admission of collusion because he has always made sure this case stayed the course. It could have taken major turns at any of the major issues so Baum was wise in his approach.
I don’t think we have a judge that plays his cards too easily. He probably is a good snooker player too, when he put that cue ball behind the blue ball, and forced that one auction.
So, the moral of this story is a message to Jerry Moyes. The real issue of anti-trust is a lack of trust in the judge.
Don’t panic Jerry. You can run around and worry, and try to force the hands of those that have conspired against you.
Or, you can have faith you got a wise judge to hear your story.
I’d have faith.