MASN hearing pushed to March after discovery dispute entangles Commissioner Rob Manfred
By Adam Kilgore November 10 at 6:15 PM
http://www.washingtonpost.com/blogs/nationals-journal/wp/2014/11/10/masn-hearing-pushed-to-march-after-discovery-dispute-entangles-commissioner-rob-manfred/The legal saga between the Nationals and the Mid-Atlantic Sports Network will drag for months longer than previously expected after a skirmish over discovery bumped a pivotal trial date from December to March and entangled incoming commissioner Rob Manfred. The delay ensures the Nationals will not receive a potential financial windfall until after this offseason.
A New York judge had been scheduled to rule Dec. 15 on the validity of the ruling Major League Baseball’s arbitration panel made this summer regarding rights fees owed to the Nationals by MASN, which is majority owned by the Baltimore Orioles. But after court filings made Friday, that hearing has been pushed to March.
On Friday, MASN filed a petition seeking discovery documents from MLB. MLB had claimed that Manfred, then acting as Bud Selig’s top lieutenant, only provided administrative and “other” support to the three arbiters who made MLB’s ruling – Pirates President Frank Coonelly, Rays Owner Stuart Sternberg and Mets COO Fred Wilpon. The panel members all stated Manfred did not attempt to dictate their decision.
In a motion filed Friday, MASN asserted that, “Manfred and his staff functioned not only as the exclusive gatekeeper between the parties and the [Revenue Sharing Definitions Committee] panel, but as either a fourth arbitrator or even a ‘super arbitrator’ who controlled all communications between the parties, made procedural and substantive decisions and ruling in the arbitrators’ names and actively participated in the arbitration hearing.”
In the filing, MASN again asserted MLB has incentive to assist the Nationals because it sold the franchise to the Lerner family for a “substantial” profit.
MASN’s lawyers requested all correspondence between Manfred and the arbiters to prove Manfred’s role. MLB declined. And so, the court will determine on Dec. 15 what material MLB must turn over.
Major League Baseball feared financial statements or other sensitive information could surface during discovery for a trial over MASN rights fees. In this instance, MASN is not seeking to make that type of information public. They only requested documents pertaining to Manfred’s control over the arbitration process.
For the Nationals, the delay means at least another four months without the possibility of an additional revenue spike. MASN has paid the Nationals $34 million in rights fees for 2012 through 2014, a total of $102 million. If the court upholds MLB’s arbitration ruling, MASN and the Orioles would owe the Nationals an additional $67.6 million. If the court vacates the ruling, a new labyrinth of hearings and challenges would surely ensue.