Thu October 18, 2007
Sonics have hearing; decision forthcoming
By Darnell Mayberry
The Oklahoman
A Washington state federal judge listened to an hour of arguments from attorneys for the city of Seattle and the Sonics on Thursday afternoon and said he would make a ruling on where the case would continue as soon as possible.
Judge Ricardo Martinez, a U.S. District Court Judge for the Western District of Washington, is expected to decide within the next week whether the Sonics can have their case heard by a panel of arbitrators or must stay in court, as the city of Seattle is pushing.
Martinez didn’t set a date for a decision or any future hearings, according to his administrative assistant Melody Byrd.
Seattle City Attorney Tom Carr joined attorneys Paul Lawrence and Jeffrey Johnson on behalf of the city. Paul Taylor and at least one other attorney from the Seattle-based law firm Byrnes and Keller represented the Sonics.
Lawrence declined to comment on the hearing and Taylor couldn’t be reached for comment Thursday.
Louis Richmond, a spokesman for Byrnes & Keller who attended the hearing, said Martinez informed both parties that he would make his decision via e-mail. Richmond added that the process was professional and respectful, saying attorneys shook hands following the proceeding.
“It was pretty straight forward,” Richmond said. “(Judge Martinez) just listened. I don’t think he showed a prejudice to one side or another. I don’t think you would go away (from the hearing) saying, ‘Wow. This is a slam dunk for someone. Or, wow, our side won or our side lost. I think you just have to wait and see what happens.”
Meanwhile, the Seattle Post-Intelligencer reported Thursday that the American Arbitration Association declined to hear the Sonics’ case in Denver as the team had requested in the event Martinez rules that the case is arbitrable.
Seattle officials are arguing that the Sonics should not be allowed to vacate KeyArena until their Premises Use and Occupancy Agreement expires in 2010. Attorneys for the Sonics contend the city should not be able to force the franchise to remain at KeyArena if the team fulfills its financial payments for the remaining years of the arena contract.
Sonics chairman Clay Bennett has said he would apply with the NBA for relocation to Oklahoma City if a plan for a new publicly-funded arena is not available in Washington by Oct. 31.
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