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cytujWys豉ny: 2019-07-05 04:12:24 Temat postu: removed as an administrator for the family trust that
LOS ANGELES -- A trial will be held next month to determine whether Donald Sterling, who opposes his estranged wifes planned sale of the Los Angeles Clippers, was properly removed as an administrator for the family trust that owns the team. An attorney for Shelly Sterling went to probate court Wednesday to request a trial to confirm that as sole trustee she can proceed with the $2 billion sale to former Microsoft CEO Steve Ballmer. The development is the latest in a legal tug-of-war that has ensued following the NBAs decision to ban Sterling for life after racist remarks he made emerged in a recording in April. Sterling is fighting the decision and suing the league for $1 billion. The league has contended that Sterlings comments were bad for business and damaged both the Clippers and the NBA. The trial, which was granted exceptionally quickly, will begin July 7 and last four days. The deadline for the sale is July 15, which is also the date the NBA Board of Governors is scheduled to vote on whether it will approve the sale. Donald Sterlings lawyer, Bobby Samini, left the courthouse without comment after a clerk announced the trial schedule. Neither Sterling was present. "I just want to resolve this as quickly as possible," NBA Commissioner Adam Silver told The Associated Press in Miami on Wednesday, when he appeared at an NBA Cares event. The crux of the case will centre on the question of whether the 80-year-old Sterling is mentally competent to be a co-trustee of The Sterling Family Trust, which gives him the authority to determine the teams future. According to the trusts terms, he can be ruled "mentally incapacitated" after being evaluated by two doctors, said Pierce ODonnell, Shirley Sterlings attorney. According to court documents, three doctors examined Donald Sterling in May and concluded that he suffers from "mild cognitive impairment consistent with early Alzheimers Disease" or some other forms of brain disease. One doctor, James E. Spar, who is affiliated with the division of geriatric psychiatry at UCLA, said he believes "Mr. Sterling is at risk of making potentially serious errors of judgment, impulse control and recall in the management of his finances and his trust." "In my opinion he is substantially unable to manage his finances and resist fraud and undue influence, and is no longer competent to act as trustee of his trust," Spar concluded. Dr. Stephen L. Read, who also specializes in geriatric and forensic psychiatry in Los Angeles, said that X-ray and CT scans of Sterlings brain conducted May 16 showed "mild atrophy" of brain tissue. Read said personal opinion and the statements of other doctors provide "solid grounds for the determination that Mr. Donald T. Sterling lacks the capacity to function as trustee of the Sterling family estate." A third doctor, Meril S. Platzer, said during his examination Sterling was unable to spell the word "world" backward. He was unaware of the season, couldnt recall two objects after three minutes and had difficulty initially drawing a clock. "The score is below normal for his age and advanced education," Platzer said. She concluded that Sterling is unable to reasonably carry out the duties as lead trustee because of impaired information processing and short-term memory, among other problems. Sterling had voluntarily gone to the doctors at the request of his wife, according to a person with knowledge of the proceedings who spoke on condition of anonymity because they were not authorized to discuss the details publicly. Donald Sterlings attorney Maxwell Blecher contested the doctors findings in remarks Tuesday to The Associated Press. "Anybody at his age level on a brain scan would probably show some impairment. But that doesnt mean you forget where your car keys are and youre incompetent," Blecher said. "There isnt the slightest evidence hes incapable of managing his affairs." Donald Sterling said in a statement that hes not just fighting for the Clippers but taking a stand against the NBA, which he called "a band of hypocrites and bullies" and "despicable monsters" who want "to take away our privacy rights and freedom of speech." "As Ive said previously, if Donald chooses to litigate against us, so be it," Silver said. "So its going to take longer than we had hoped for this transaction to close, but itll get done ultimately. Its just a question of time." Shelly Sterling recently brokered what would be a record-breaking $2 billion deal with Ballmer to sell the team. Ballmers attorney, Adam Streisand, said he was pleased with the trial schedule. "Were extremely encouraged that the court understands the need for an expedited hearing. Were confident that after the trial the court is going to bless this transaction," Streisand said. The NBAs general counsel Rick Buchanan said in a court filing Wednesday warning that if the judge didnt confirm Shelly Sterlings sole trusteeship and her deal with Ballmer "is not promptly consummated there will be substantial harm" to the Clippers, the NBA and even The Sterling Family Trust -- the last of which would be responsible for the NBAs costs related to the legal proceedings that result. He said a recent survey of more than 500 Clippers fans by an independent expert found the majority would be less likely to support the team if Donald Sterling remained its owner. Buchanan said thousands of NBA fans worldwide have contacted the league directly or via social media to say theyre hurt or embarrassed by his views and arent sure theyll continue supporting the league and its teams. He also cited NBA player worries about the impact on the team attracting players during the upcoming NBA Draft. "Mr. Sterlings continued ownership is damaging the Clippers and NBAs relationships with existing and potential business partners and licenses," Buchanam wrote. He said nearly all of the Clippers local sponsors have terminated or suspended their relationships with the team, including adidas, Commerce Casino and Hotel, Red Bull, Mandalay Bay Hotel, Virgin America and Mercedes. The aim of Shelly Sterlings court bid is to have a judge confirm provisions of the trust to ensure the Ballmer sale moves forward. Donald Sterling has the right to present his side at any hearing and appeal any decision. Blecher said that a representative for Donald Sterling would be at any hearing, and that the next step is to have other doctors evaluate Donald Sterling. "I have no doubt at the end of the day the court is not going to say hes incompetent," Blecher said. "Thats a very high burden in the probate court -- otherwise people would get their sisters and wife and brother-in-laws and everybody declared incompetent." ------ AP Basketball Writer Tim Reynolds in Miami contributed to this report. Max Scharping Texans Jersey .com) - Scott Parel carded a 5-under 65 on Thursday and he grabbed a 1-stroke lead after one round of the season-opening Panama Claro Championship. Lonnie Johnson Youth Jersey . -- So much for concern that running back Marshawn Lynch would be absent from the Seattle Seahawks minicamp. http://www.texansrookiestore.com/Texans-Deshaun-Watson-Jersey/ .com) - Wayne Simmonds, Scott Laughton and Jakub Voracek each posted a goal and an assist as the Philadelphia Flyers thumped the Carolina Hurricanes, 5-1, on Saturday. DOnta Foreman Texans Jersey .com) - No Sidney Crosby, no problem. J.J. Watt Youth Jersey . The football club recently announced an increase in season ticket prices in five of the seven categories at Investors Group Field for 2014. While most increases are in the two to three per cent range, the clubs most affordable season tickets will jump from $199 to $250 — a 26 per cent leap.Dallas, TX (SportsNetwork.com) - Marco Scandella scored the winner 2:04 into overtime to lead the Minnesota Wild in a 5-4 triumph over the Dallas Stars on Friday. Thomas Vanek tied the game late in regulation and added two assists, while Jason Zucker, Nino Niederreiter and Mikael Granlund all scored for the Wild, who have won six of eight. Darcy Kuemper made 41 saves in the win. Tyler Seguin had a goal and an assist while Alex Goligoski, Erik Cole and Ales Hemsky all scored for the Stars, who had a three-game winning streak stopped. Kari Lehtonen turned away 29-of-34 shots. In the extra session, Vanek rushed the puck in down the left wing and from the point he passed it over to the right wing for Zach Parise, who one-touched it to the low left side where Scandella tapped it in for the win. With time winding down in regulation, Vanek tied the contest as the puck came out of the corner to the right circle where he quickly snapped it into the right corner of the net with 1:52 to play. Minnesota scored twice in the first period as Niederreiter scored at 8:41 on a wrister from the slot, and Zucker pottted a marker at 17:29 when he chipped home a rebound on a rush play.dddddddddddd It was a 3-0 game at 11:47 of the second after Granlund buried a feed from Jason Pominville. Dallas, though, scored the next four to take the lead. The first goal came at 16:18 when Hemsky skated in down the right wing and cut out front before shooting it in for his first of the year, and it was a 3-2 game less than three minutes later as Seguin scored on a short break for his 18th of the season. With just 10.2 seconds to play in the second, Cole used the defender as a screen to send a heavy wrister from the left circle past Kuemper. It was a 4-3 game at 13:29 of the third as a rush play was finished off by Goligoski when his wrister from the right wing went in the short side. Game Notes Dallas plays in Colorado on Saturday ... Minnesota returns home to start a four-game homestand against St. Louis on Saturday ... Minnesota has won all three games this season against Dallas ... Minnesota was 0-for-1 on the power play while Dallas went 0-for-3. 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