So how goes the hockey team?

[SteelTown]

NHL agrees to 4 depositions in Coyotes bankruptcy case

August 12, 2009
The Canadian Press
http://www.thespec.com/News/BreakingNews/article/617049

PHOENIX — The NHL has agreed to allow depositions from commissioner Gary Bettman, deputy commissioner Bill Daly and two of the league’s owners in the contentious bankruptcy proceedings of the Phoenix Coyotes.

However, the league wants Judge Redfield T. Baum to reject the proposed deposition of Toronto Maple Leafs owner Richard Peddie.

Lawyers for Canadian billionaire Jim Balsillie want to question Peddie over what role the Maple Leafs might play in the proposed relocation of the Coyotes to Hamilton.

The league contends the relocation issue is moot because the NHL board of governors has overwhelmingly rejected Balsillie as an owner.

[SteelTown]

MLSE boss gets favourable ruling
Balsillie loses chance to question Peddie on what role Leafs might play on relocation

August 14, 2009
Andrew Bagnato
The Associated Press
http://www.thespec.com/Sports/article/618041

Maple Leaf Sports & Entertainment president Richard Peddie will not have to answer questions in the court fight over the sale of the Phoenix Coyotes.

Lawyers for Canadian billionaire Jim Balsillie and Coyotes' owner Jerry Moyes had wanted to question Peddie over what role the Maple Leafs might play in the proposed relocation of the Coyotes to Hamilton.

Yesterday, U.S. Bankruptcy Court Judge Redfield T. Baum denied that request in an order naming officials who will give depositions in the complicated Chapter 11 bankruptcy case.

NHL commissioner Gary Bettman and deputy commissioner Bill Daly -- who have already been deposed once -- will answer questions, as will Boston Bruins' owner Jeremy Jacobs and Minnesota Wild owner Craig Leipold. Balsillie also will be deposed, with his lawyer Richard Rodier and Moyes.

The judge also authorized a deposition from "an unnamed, but to be disclosed, NHL representative regarding the impossibility of relocating the Coyotes for the current season."

Balsillie has offered $212.5-million US to buy the team contingent on moving it to Hamilton for the coming season, but he has indicated he would withdraw his bid if he can't move the team immediately.

Meanwhile, Baum ordered the NHL, over the league's objections, to provide numerous documents related to relocation -- material that Balsillie's lawyers say is necessary for his bid to proceed.

Baum said the league must produce any NHL study of expansion into the Hamilton market in the past 10 years, and it must disclose all expansion and relocation fees it has charged since 1999.

The league contends the relocation issue is moot because its board of governors rejected Balsillie as an owner.

Meanwhile, the judge set up bid procedures and a schedule leading up to the Sept. 10 auction. Today is the deadline for applications from bidders to keep the team in Glendale.

The NHL wants to find an owner to keep the team in Arizona, where it has lost tens of millions of dollars in recent years. A group headed by Jerry Reinsdorf has bid $148-million US and is working on an agreement with the city of Glendale for new terms on a lease.

Ice Edge Holdings has also been preparing a bid to keep the team in Glendale.

In a separate order yesterday, Baum denied a motion by the Goldwater Institute, on behalf of eight Glendale taxpayers, to file a conditional bid objection.

The Goldwater Institute had argued that the taxpayers have a right to know the details of Glendale's arena lease renegotiations with Reinsdorf's group, but Baum ruled that they "do not have a direct financial stake in the outcome of this case."

[SteelTown]

NHL aims to block PSE's Rodier from depositions

August 18, 2009
Steve Milton
The Hamilton Spectator
http://www.thespec.com/Sports/article/620044

This week's fur has begun flying in the Phoenix Coyotes bankruptcy case.

Yesterday afternoon, Jim Balsillie asked a bankruptcy judge to prevent the NHL from barring his hockey man from important deposition sessions this week.

Later in the day, the NHL filed a strongly worded request that U.S. bankruptcy court judge Redfield T. Baum force Balsillie's hockey company, PSE Sports and Entertainment, plus Balsillie and PSE vice-president Richard Rodier, to produce a large number of documents and emails.

The court will hold a hearing on the matter today.

The NHL says that before it questions Balsillie and Rodier in private sessions next week, it needs emails and all documents which the NHL claims concern PSE's "strategy to buy NHL teams through the bankruptcy process," which deal with the company's role in "participation in the Canadian Competition Bureau investigation" of the NHL in March 2008, and which describe how its bid will treat certain debtors such as Wayne Gretzky, who is part-owner and head coach of the Coyotes.

The league also wants any documents that suggest that PSE was helping the conservative Goldwater Institute, which is suing Glendale for the Arizona city's offer of subsidies to two prospective Coyote buyers: Jerry Reinsdorf and Canadian-based Ice Edge. The NHL also demands internal communications surrounding public statements or publicity campaigns concerning Balsillie owning an NHL franchise, presumably referring to the "Hamilton Predators'" season's ticket subscription drive of three years ago, and the current makeitseven.ca campaign.

The NHL states that other discoveries (seemingly from Coyotes owner Jerry Moyes) "strongly suggests that PSE is not a good faith purchaser and that (Moyes) has breached fiduciary duties" around the team.

Meanwhile, according to PSE filings yesterday, during Sunday's "meet and confer" teleconference the NHL told Balsillie's people the league would object to Rodier attending three key probes this week.

PSE lawyers will question NHL board chairman Jeremy Jacobs in Buffalo tomorrow, plus commissioner and vice-commissioner Gary Bettman and Bill Daly in New York on Thursday and Friday.

Each deposition is expected to take as long as seven hours and, though unavailable to the public, the information gathered will likely comprise a large part of Balsillie's Sept. 2 argument in Baum's court that the NHL cannot disqualify him as an owner.

The league announced July 29 it had rejected Balsillie as a prospective owner, partly on "character" issues, and if Baum agrees with the league on Sept. 2, the co-CEO of Research in Motion will be not be allowed to take part in a Sept. 10 auction to buy the Coyotes.

While no reason was given for the NHL's stance on Rodier, it's understood that because the NHL plans its own deposition of Rodier, the league considers him a potential witness and he shouldn't hear what other deposed witnesses say.

But PSE argues in yesterday's filing that Rodier is the only company representative who can attend the depositions, because Balsillie is too busy with RIM business. Rodier, widely referred to as Balsillie's spokesperson or hockey lawyer, is much more than that. He is the vice-president and general partner of PSE, which suggests an equity position, and "is the individual charged with overseeing PSE's bid and its interests in the pending bankruptcy action."

PSE argues in its filing that federal rules of evidence provide that corporations and organizations are permitted to have representatives at all hearings and depositions "even if that person is a witness in the matter."

[Berklon]

Sorry to say, but it's really done for Balsillie.

It's time for Hamilton to hitch it's wagon to someone else. There was talk a few months back that there were 1 or 2 more interested parties in bringing a team to Hamilton - the city should start looking into it. The NHL will probably shoot us down again, but if this new party goes through the front door and there's no question of character issues - then it'll show it was never about Balsillie's character all along. I want the NHL called out on this BS.

Let's make this thing happen already - we've been trying to get a f'n team for almost 30 years - this is beyond ridiculous. Hamilton/Southern Ontario has the PR behind it already and support from a lot of Canadians - if it's ever going to happen, it has to happen in the next couple years.

[SteelTown]

I don't think the NHL has that huge personal grunge at Balsillie. I think they've all lined up against Richard Rodier.

[Berklon]

Originally Posted by SteelTown

I don't think the NHL has that huge personal grunge at Balsillie. I think they've all lined up against Richard Rodier.

That may be the case, but I'm sure MLSE has a lot to do with this as well - no matter how much they deny it. In any case, I think it's time to try a different approach with different people (if there are different people interested).

Until there's a team in this city, not one cent of my money is going to the NHL. I can't even bring myself to watch a game on TV. At this point, I've had enough.

[flar]

The bad thing for Hamilton is that Balsillie is the only person I see who is committed to Hamilton. There will be other bids and proposals for NHL teams in the Golden Horseshoe, but they'll take the safe bet and build a new arena in Mississauga or Vaughn or at some highway interchange, basically for the same reasons that places like MEC and Ikea locate where they do.

Originally Posted by Berklon

Until there's a team in this city, not one cent of my money is going to the NHL. I can't even bring myself to watch a game on TV. At this point, I've had enough.

That's been my stance for several years now. Screw the NHL.

[BCTed]

Originally Posted by Berklon

Sorry to say, but it's really done for Balsillie.

It's time for Hamilton to hitch it's wagon to someone else. There was talk a few months back that there were 1 or 2 more interested parties in bringing a team to Hamilton - the city should start looking into it. The NHL will probably shoot us down again, but if this new party goes through the front door and there's no question of character issues - then it'll show it was never about Balsillie's character all along. I want the NHL called out on this BS.

Let's make this thing happen already - we've been trying to get a f'n team for almost 30 years - this is beyond ridiculous. Hamilton/Southern Ontario has the PR behind it already and support from a lot of Canadians - if it's ever going to happen, it has to happen in the next couple years.

I believe that the only reason why Balsillie has found himself in this position is the fact that he has remained steadfast behind Hamilton. He could have been an owner a long time ago if he had wanted a team in Pittsburgh, Nashville, or any one of a number of other cities.

The stories about other parties really had no substance to them. Nobody else is going to go to bat for Hamilton the way that Jim Balsillie has and very few other people have the financial means to pull anything like this off. I don't think you should be turning your back on him ---- he has not turned his back on this city.

Go Jim.

[BCTed]

Originally Posted by flar

The bad thing for Hamilton is that Balsillie is the only person I see who is committed to Hamilton. There will be other bids and proposals for NHL teams in the Golden Horseshoe, but they'll take the safe bet and build a new arena in Mississauga or Vaughn or at some highway interchange, basically for the same reasons that places like MEC and Ikea locate where they do.




That's been my stance for several years now. Screw the NHL.

Agreed about Balsillie being the only one committed to Hamilton.

I don't see Mississauga or Vaughan being any more likely to get a team than Hamilton, simply because of the fact that a new arena would create new competition for the Air Canada Centre. The Leafs would probably rather see a team in Hamilton's existing arena than to see a team in a new GTA arena.

[matt602]

Originally Posted by BCTed

I believe that the only reason why Balsillie has found himself in this position is the fact that he has remained steadfast behind Hamilton. He could have been an owner a long time ago if he had wanted a team in Pittsburgh, Nashville, or any one of a number of other cities.

The stories about other parties really had no substance to them. Nobody else is going to go to bat for Hamilton the way that Jim Balsillie has and very few other people have the financial means to pull anything like this off. I don't think you should be turning your back on him ---- he has not turned his back on this city.

Go Jim.

Very well said. I agree 100%.

[flar]

Originally Posted by BCTed

Agreed about Balsillie being the only one committed to Hamilton.

I don't see Mississauga or Vaughan being any more likely to get a team than Hamilton, simply because of the fact that a new arena would create new competition for the Air Canada Centre. The Leafs would probably rather see a team in Hamilton's existing arena than to see a team in a new GTA arena.

I agree the Leafs would hate to see a new arena in the area more than a team in Copps, but sooner or later the other owners will be unable to resist the massive expansion fee a second GTA team would bring.

[SteelTown]

NHL renews bid to take over Coyotes

August 19, 2009
Daniel Nolan
The Hamilton Spectator
http://www.thespec.com/Sports/article/620788

The NHL is renewing its bid to assume control of the Phoenix Coyotes and have it run by vice-commissioner Bill Daly, thereby further thwarting efforts by Jim Balsillie to buy the team and relocate it to Hamilton.

The NHL first filed this court request in May after the team skated into the bankruptcy court, and revived it in a court filing yesterday after court-ordered mediation did not produce any results.

The NHL has argued Jerry Moyes -- who wants to sell the team to Balsillie for $212.5-million US -- gave up control of the team last fall through financial dealings with the league and it should be recognized as the rightful operator of the money-losing franchise.

In its new document, it wants to assert "lawful control" of the team to prevent further financial harm to it, and the interest of legitimate creditors, by Moyes and his "favoured bidder" Jim Balsillie.

"These cases (Moyes, Balsillie) were not filed in good faith to stave off an impending financial crisis or to effect a reorganization for the good of the creditors," the NHL alleges. "Rather, they are part of a self-serving scheme to advance the interests of just two parties."

It alleges Balsillie is the first benefactor and notes he has failed in two previous attempts to acquire an NHL team and hopes to use the bankruptcy process as a "side door" to avoid consent from the NHL board of governors (which he has not yet obtained and, in fact, been rejected by the board in a 26-0 vote.)

The NHL alleges Moyes is the second party along with the Waterloo billionaire to cook up "an emergency to justify an extraordinary expedited sale process and to establish false deadlines" to have the team change hands and leave Phoenix. It says the motive for Moyes, "who claimed to have lost a fortune (but did not)" is that he hoped to profit through a sale to Balsillie at the expense of the City Glendale (where the Coyotes play) and other creditors.

Balsillie, co-CEO of Research in Motion, is facing off against two other bidders for the team, but they plan to keep it in Arizona.

The NHL sites e-mail from Balsillie lawyer Richard Rodier that there was a scheme to avoid an open bid.

"The concept is very simple" said one e-mail to Moyes' lawyer. "We basically take over the team."

[SteelTown]

Coyotes' relocation a world away
Too much travel for other teams: NHL

August 20, 2009
Ken Peters
The Hamilton Spectator
http://www.thespec.com/News/Local/article/621519

The National Hockey League's chief lieutenant can't for the world fathom the idea of the Phoenix Coyotes playing in Hamilton this upcoming season.

Bill Daly says the schedule has teams playing Phoenix in a back-to-back situation 21 times this season.
The Coyotes' opponents in those games would be forced to travel an additional 24,446 miles (39,342 kilometres) if their away games against the Coyotes were played in Hamilton instead of Glendale.

"To put the magnitude of those extra miles in perspective, the circumference of the Earth at the equator is 24,901 miles," Daly said in a submission filed Tuesday to an Arizona bankruptcy court.

For example, the Anaheim Ducks are slated to play Vancouver in Anaheim on Oct. 30 before playing the Coyotes in Glendale on Oct. 31. If the Ducks had to play the Coyotes in Hamilton instead, they would have to travel about 2,500 kilometres farther overnight.

The NHL released its schedule July 15. The regular season is set to open Oct. 1 with preseason contests starting Sept. 14.

Daly argues any court directive that would force the Coyotes to play in Hamilton this season would disrupt the other 29 clubs' ticket sales and marketing, potentially breach contracts with broadcasters and "severely damage" each club's relationship with fans.

The NHL released its 2009-10 television schedule yesterday.

Playing in Hamilton would create complications for the Coyotes, as well. The club's additional travel requirements for the season would equate to seven one-way trips from Hamilton to Vancouver over the course of the season, or some additional 12,400 miles (20,000 kilometres).

Moving to Hamilton for the coming season would see the Coyotes conflict with the Hamilton Bulldogs on six dates. The American Hockey League announced its schedule last week. Bulldog tickets will be available from Ticketmaster starting Sept. 8.

And Hamiltonians would potentially be deprived of a chance to take in a number of events that have tentative holds on Copps Coliseum should the Coyotes move here.

Some of those events include the Professional Bull Riders' Canadian Cup Series on Oct. 17, the Canadian Aboriginal Festival on Nov. 27, the Trans-Siberian Orchestra Winter Tour on Dec. 29 and Playhouse Disney Live! On Tour slated for Jan. 16.

"The earliest the Coyotes could possibly relocate from Glendale would be for the 2010-11 season," Daly stated in his submission.

An Arizona bankruptcy court is slated to rule on prospective Hamilton franchise owner Jim Balsillie's suitability as an owner Sept. 2. A planned auction of the bankrupt Coyotes is set for Sept. 10.

[SteelTown]

Balsillie stickhandles
Takes some shots at NHL's 'good character' argument

August 20, 2009
Ken Peters
The Hamilton Spectator
http://www.thespec.com/Sports/article/621548

The National Hockey League "may not like" Jim Balsillie but that's not enough of a reason to reject him as an owner.

That's the latest salvo the Waterloo BlackBerry baron fires off in a barrage of court filings that blast holes in the league argument Balsillie lacks the necessary "good character and integrity" to join the league's ranks.

Indeed, Team Balsillie suggests the league has never used the lack of character argument "in the entire history of the NHL to reject any applicant."

And, in an indication of how Balsillie's desert duel with the NHL for control of the bankrupt Phoenix Coyotes is turning personal, the prospective Hamilton franchise owner portrays himself as "an outstanding citizen" while highlighting the foibles of previous NHL owners.

"Since 2006, Mr. Balsillie has continued to be recognized for his philanthropic contributions, leadership and good moral character," the Balsillie court brief suggests, adding an honorary degree from Wilfrid Laurier University in 2008 reflected his contributions to a cancer care centre and a children's museum.

"The NHL does not mention any of this good character evidence in its NHL Denial Motion," the court submission states.

But then Balsillie takes the gloves off.

The prospective Hamilton owner suggests the NHL's preferred Coyotes bidder Jerry Reinsdorf sued the NBA in 1990 when the league tried to limit the number of broadcasts of the Reinsdorf-owned Chicago Bulls.

"Mr. Reinsdorf's challenge of NBA rules under antitrust laws apparently does not negate his 'good character and integrity' to serve as an NHL owner and the NHL Board of Governors has conditionally approved his ownership transfer application," the Balsillie brief maintains, adding the same standard of ownership "must be applied even-handedly to Mr. Balsillie."

Balsillie cites the fact the NHL did not remove New York Rangers co-owner Jim Dolan after he sued the league over perceived restrictions relating to the teams' websites.

But there is more.

Balsillie cites the examples of Nashville owner William Del Biaggio, who pleaded guilty to fraud, and former Las Angeles Kings owner Bruce McNall, who pleaded guilty to conspiracy and served 70 months in federal prison.

"The NHL may not 'like' Mr. Balsillie but that is not a basis for rejecting him as being morally unfit to become an NHL owner," the Balsillie brief concludes.

Balsillie's argument on the character and integrity issues is pertinent since the NHL has rejected him as a prospective owner on that basis.

Arizona bankruptcy court Judge Redfield T. Baum has set a Sept. 2 hearing to determine Balsillie's suitability to become a league franchise owner.

Meanwhile the NHL is seeking access to e-mails between Balsillie and his lead counsel Richard Rodier leading up to the bankruptcy and during its course, including their "strategy" discussions. Team Balsillie is fighting the move.

[DHLawrence]

Too far to travel? They don't mind going to Toronto, Buffalo or Boston, do they? How about Vancouver or Florida? Those places aren't exactly on the beaten path.

[Mille Sabords]

I just love to see how this guy just gets up from the mat every time and punches right back.

This is the UFC of court battles.

[FairHamilton]

Originally Posted by DHLawrence

Too far to travel? They don't mind going to Toronto, Buffalo or Boston, do they? How about Vancouver or Florida? Those places aren't exactly on the beaten path.

Or Edmonton.......

Actually, I think their point is that Phoenix is in the Pacific Division and having Hamilton in the Pacific Division would increase travel distances.

That makes sense to me, and I think that is hard to argue against. So Balsillie should concede that point and say he'll keep the Coyotes in Phoenix for the coming year. That will allow time for divisional re-alignment, and for the City of Glendale to work on next steps regarding their arena. It would also allow Hamilton time to complete some Copps renovations.

[Mille Sabords]

Originally Posted by FairHamilton

Or Edmonton.......

Actually, I think their point is that Phoenix is in the Pacific Division and having Hamilton in the Pacific Division would increase travel distances.

That makes sense to me, and I think that is hard to argue against. So Balsillie should concede that point and say he'll keep the Coyotes in Phoenix for the coming year. That will allow time for divisional re-alignment, and for the City of Glendale to work on next steps regarding their arena. It would also allow Hamilton time to complete some Copps renovations.

That makes sense. The very fact that the NHL is producing these travel statistics shows a subtle shift in the momentum of this battle. They are sliding toward a defensive position. Now's the time for Balsillie to go for the throat.

[markk]

I agree, let the coyotes stay in Pheonix for one more season to play out the schedule... then peace out of the desert for Hamilton in 2010/11.

If JB concedes on this point, I might show the NHL that he's willing to play nice.

[SteelTown]

If you follow along you will see a one point Jim did state he might consider keeping the Coyotes in Phoenix for another year.