Coon clearly states the First Right of Exercise Notice does not expire if he never shows up. Where do you get this "expiration" thing from. Coon says they can withhold pay. The word "fine" is not necessary in this discussion, imo. "Fine" ... "Withholding Pay" ... what difference does it make. Point is: Les doesn't owe him any money if never shows up.. That said: The key is if he can use a loop-hole of holding-out as a way to get out of the contract. Pretty sure Coon is saying, no.
If I remember right, when Kirilenko refused to show up to the 76ers after getting traded from BKN, they fined him one or two times. Then the ended up negotiating and waiving him.
I read that it expires in March if not fully executed, reverting DMo to RFA status. Yes, but I believe the sticking point is that in Morey's match he required a physical to complete it, and as such can't complete it as long as there is no physical. DD
wow, this Dmo situation has turned Clutchfans into an army of lawyers, kinda crazy, but also funny and slightly impressive. Reminds me of when Houston was trying to sign Dwight and everyone turned into accountants arguing how the tax situation made more money in California less lucrative.
If you don't show up for a physical and don't honor your contract, you should be banned from the NBA if the contract is voided.
That was a trade though. Trades are different than a RFA. Case in point the whole Detroit situation with Dmo
It is honestly riveting stuff - one moment BJ looks like an idiot, then, he looks cagey, then back to idiot......Morey looks like a great guy, sure we will match, then like a cheap suit by not matching the likely incentives - Bev posts about paying role players..... It is like the Rockets personal "Hard Knocks" Drama....... And, I expect it all to end peacefully at some point.... DD
That's what I feel . Dmo and BJ tried waiting the rockets out for months and Morey didn't budge . There's no indication he's gonna budge here after a 1 day holdout . In fact Morey might be able to punish Dmo at this point .
I don't think there has ever been before a RFA who failed to show up after his team matched. Though there have been some who threatened to do it. Has anyone found a historic example of this?
Here is what it boils down to: If the Rockets have the ability to impose fines on Dmo this ends in 48 hours. If the Rockets can't fine Dmo this will drag out till at least March. Till some one reports on fine amounts for not reporting for the physical everyone is pissing in the wind.
I'm sorry but has this been reported anywhere else except in a "What if?" post by a member of a Nets fan site? Otherwise, this is just pure speculation.
@heypartner Look at this: http://www.espn.com/blog/houston-rockets/post/_/id/3236/donatas-motiejunas-wait-continues "As it stands now, Motiejunas has another day to report. The Rockets' options are to keep their first-refusal exercise notice open and wait for Motiejunas to report, or they can pull it and Motiejunas returns to being a restricted free agent. Houston, based on the CBA, can’t do that until Thursday. Armstrong talked to the Rockets on Tuesday, but nothing is settled. If the offer sheet is pulled, Motiejunas can’t go back to Brooklyn for at least one season. Multiple sources said the Rockets are still trying to decide what to do, however, the offer sheet expires on March 1." ------------------------------------------------------------------------ So, if matching it by the Rockets REQUIRES a physical as has been reported, if he never reports, he can wait until March 1st for it to expire making him a RFA again. Unless - the Rockets have the right to "WAVE" the physical which you can do in a trade, not sure about this situation though. And/or - are the Rockets ignoring the LIKELY incentives - and being cheap - which is required in the CBA - so this is all extremely convoluted. DD
They can't fine him. That's ridiculous. There is no mechanism in the CBA to do that. He never agreed to a physical. They can waive the physical requirement or put him back in RFA.
SuperS32, I have the CBA 2011 right in front of me. The definition of Principal Terms does not read that way, which the fan at the Nets site quoted. Individual Achievements, whether Likely or Not, are not included in Principal Terms. Only Team Performance and Generally Recognized League Honors are. They don't appear to be reading the CBA correctly. Plus, this is from an ex-NBA Asst GM who has actually read the offer sheet and wrote The Verticle article detailing the offer sheet terms I'm going to guess the "League Honors" that Bobby Marks read are not considered Likely ... probably because DMo hasn't come close to any. So, those are probably the $2m in Unlikely bonuses. Here's the CBA section the Nets fan quoted. (Article XI, Section 5(d)) -- The Principal Terms of an Offer Sheet are only: (i) term (lenght) of the contract (ii) fixed and specified compensation ... blah blah (ii) Incentive Compensation; provided, however, that the only elements of such Incentive Compensation that shall be included in the Principal Terms are the following: (A) bonuses that qualify as Likely Bonuses based upon the performance of the Team extending the Offer Sheet and he ROFR Team; and (B) Generally Recognized League Honors; and (iv) Any allowable amendments to the terms contained in the Uniform Player Contract (e.g., Base Compensation protection, a trade bonus, etc)
@opticon and @DaDakota You seem to be focused on this "offer sheet expires on March 1" comment by Calvin Watkins. opticon seems to be saying that DMo will hold out if not fined, then magically invalidate the contract, per Calvin Walkins comment. Larry Coon says otherwise. Here is the key part again. I've quoted it to you before. Please read this time, and don't bother quoting Calvin Watkins to me anymore. I'm going with Larry Coon on this. --------------------------------- http://cbafaq.com/blog/?p=381 So, summarizing what the rule says: Houston is allowed to make its first refusal exercise notice contingent on Motiejunas passing a physical. The player must submit to and cooperate with his physical, which is to take place within two days of the exercise of the first refusal exercise notice. If Motiejunas doesn’t report for his physical, Houston’s first refusal exercise notice remains in effect until he does. Rockets can just sit tight. Their first refusal exercise notice remains in effect until Motiejunas decides to report. He can’t sign or play anywhere else, including Brooklyn, in the meantime. It’s important to note here that the rules for restricted free agency say that when a team issues a first refusal exercise notice, the player and team “…shall be deemed to have entered into a Player Contract.” Motiejunas is, for all intents and purposes, under contract with the Rockets now, and the Rockets have all the rules related to player discipline for failure to report at their disposal. And it could get worse for him. The CBA also says a player shall not receive credit for a year of service for any year in which he “…withholds playing services called for by a Player Contract or this Agreement for more than thirty (30) days after the Season begins.” ---------------------------------
Here were are, dealing with one of the most convoluted and embarrassing sagas in recent free agency history... ...all over a career 7 and 4 player with a notable injury history. Amazing. What a time to be alive.
wow just wow. I love DMo but I was wondering how he was going to get playing time with the team playing the way it is. I was hoping he would be great for our front court depth but now he's acting like this... What an ass