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Rockets will hold DMo to contract

Discussion in 'Houston Rockets: Game Action & Roster Moves' started by finsraider, Dec 8, 2016.

  1. heypartner

    heypartner Member

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    He might have written that revised opinion of the "gray area" without knowing Morey placed DMo in the team's official Inactive List. I don't see how you can do that to a player unless they are “deemed to be under contract.” per Larry’s original interpretation.

    Larry might have second-guessed himself incorrectly, based on ppl sending him alternative interpretations of his Monday article
     
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  2. Liberon

    Liberon Rookie

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    Don't forget he also sucked as well.
     
  3. heypartner

    heypartner Member

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    It was in the official Scorer's Report. You can get these from NBA.com boxscore

    Looks for a link called "Game Book"
    http://www.nba.com/data/html/nbacom/2016/gameinfo/20161207/0021600326_Book.pdf

    Added you tweet too, nice. I thought you were looking for Feigen's. @shastarocket
     
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  4. dobro1229

    dobro1229 Member

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    I tend to agree. Thats why I think waiving the physical and forcing him to the team is the likely next step.

    But in regards to the "D-Mo needs to be happy as a horse, and treated like a King" crowd -

    the question really is do they have to tear up their current agreement to renegotiate new terms if they want to try and meet D-Mo in the middle here to make him happy. If that's the case, IMO knowing Morey & how the NBA will push Morey to handle this, no way in hell they risk that (putting him back in RFA to renegotiate) with everyone knowing damn well that it opens up BJ to pull a fast one on the Rockets.

    My understanding is that it is HARD AS HELL to amend an existing NBA contract. We saw this with the Royce White situation before where the Rockets had little options for amending his contract without violating the CBA, and getting approval from the union and NBA representatives. They put this in the CBA so players can't just strong arm and renegotiate their deals on the fly when they feel like it.

    That's why when the D-Mo fans here keep on coming back to this notion that Morey is going to just magically change the contract to get D-Mo to accept and come home, it raises an antenna in my brain that this is highly unlikely.
     
  5. DaDakota

    DaDakota If you want to know, just ask!
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    There is NO existing contract yet, there is a signed offer sheet (which works as a contract in regards to others negotiating with him but is not an official contract) the contract is a separate item - still to be executed. So, I think the Rockets have the ability to amend the contract at any time, as they can negotiate with their guy.....while others can't because of the signed offer.

    :)

    DD
     
  6. dobro1229

    dobro1229 Member

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    And yes, as someone who has been a big D-Mo fan for years, it pains me to compare any current D-Mo situation with anything involving Royce White... but here we are. Sad times.
     
  7. Mav-Hater

    Mav-Hater Contributing Member

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    You are dead wrong!! The moment he signed the NJ offer sheet he executed a contract and he now has a binding contract with the Rockets
     
  8. NJRockFan

    NJRockFan Member

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    DMo should just fire BJ who should have done his homework on the CBA. It's not the Rockets fault. The reality is he wasn't going to get those incentives anyway. What is there to argue about?
     
  9. dobro1229

    dobro1229 Member

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    Well this an important question that we will need to get clarification on before we keep suggesting how easy it would be for Morey to just negotiate new terms. In this case, the contractual logistics matter. If the process suggests the Rockets have to make him a RFA (even for a second) to negotiate new terms, IMO that would be a deal killer for any amendment.

    @BimaThug would really appreciate your legal insight on this one if you're around today bud. Thnx.
     
  10. Jayzers_100

    Jayzers_100 Member

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    From what I've heard, RFAs cannot sign an offer sheet with another team after March 1st. So he would be at the mercy of the Rockets at that point.
     
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  11. NJRockFan

    NJRockFan Member

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    I thought I read somewhere that after March 1st this offer sheet would lapse. DMO would still be a RFA.
     
  12. DaDakota

    DaDakota If you want to know, just ask!
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    I don't believe this is true, as far as his RIGHTS go, it is true, but an officially executed contract is not what a matching offer is.....I think this leaves wiggle room for the Rockets and DMo to change some terms a bit for their own benefit.

    It has been reported that they are negotiating for moving the March 1st date to July - so that is where we are...

    Watkins has said Morey would be willing to include the incentives if he moves the 2nd year guarantee to July....

    DD
     
  13. coachbadlee

    coachbadlee Member

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    I don't like the move. The Rockets are sorta being jerks here. Just let him go about his way. The chances of him playing for this team are slim. Why waste more of his time?
     
  14. DaDakota

    DaDakota If you want to know, just ask!
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    Oh give us a break, you have wanted him gone forever - lol

    He will help the team, this is business, don't get caught up in the emotional crap that is happening around here.

    DD
     
  15. Bravoexo

    Bravoexo Member

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    Precedent. The CBA is exactly why it's there.
     
  16. Freik

    Freik Member

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    Because Capela and Harrell and Decker are watching...
     
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  17. Easy

    Easy Boban Only Fan
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    “If you find yourself in a hole, stop digging”
    ~ Will Rogers

    DMo should listen to Will Rogers and stop listen to BJ Armstrong.
     
  18. vtjsr2

    vtjsr2 Member

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    It's the right move. You cannot bend the rules. You signed a contract knowing full well that it could be matched. You have to honor that contract.

    This is a message to future RFAs that Houston deals with and any other organization for that matter.

    Houston should not be walked on.
     
  19. 13 in 33

    13 in 33 Member

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    The offer sheet expires on March 1st. He can only re-sign with the Rockets at that point.
     
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  20. craguin

    craguin Member

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    Yoo-hoo @heypartner... Here's Larry Coon's response...
    Houston Rockets placed Motiejunas on their Inactive List during the conditional FREN (pending physical) period. Are they allowed to do this?
    [ see tweet -> ] (photo of Rockets’ Team Roster – Active List from last night’s game with Lakers)

    Larry Coon

    That’s interesting — I hadn’t seen that until now, and didn’t know they actually had him on their roster.

    As I read the rule, D-Mo is still in limbo (although I think there’s a lot of room for interpretation). There are two rules in play here. Here’s the first:

    (e) If, within three (3) days from the date it receives an Offer Sheet, the ROFR Team gives to the Restricted Free Agent a “First Refusal Exercise Notice” substantially in the form of Exhibit H annexed hereto, then, subject to Section 5(h) below, such Restricted Free Agent and the ROFR Team shall be deemed to have entered into a Player Contract containing all the Principal Terms (but not any terms other than the Principal Terms) included in the Uniform Player Contract attached to the Offer Sheet (except that if the Contract contains an Exhibit 6, such Exhibit 6 shall be deemed deleted). Such Contract may not thereafter be amended in any manner for a period of one (1) year.

    The rule above says that when a team gives a First Refusal Exercise Notice, it is “deemed to have entered into a Player Contract” with the player. However, it also says it’s subject to Section 5(h), which is a rule a couple paragraphs down. That rule says:

    (h) Any Team may condition its First Refusal Exercise Notice on the player reporting for and passing, in the sole discretion of the Team, a physical examination to be conducted by a physician designated by the Team within two (2) days from its exercise of the Right of First Refusal. In connection with the physical examination, the player must supply all information reasonably requested of him, provide complete and truthful answers to all questions posed to him, and submit to all examinations and tests requested of him. In the event the player does not pass the physical examination: (i) the ROFR Team may withdraw its First Refusal Exercise Notice within two (2) days following the date upon which such physical examination is conducted; and (ii) if the First Refusal Exercise Notice is withdrawn, the player and the New Team shall be deemed to have entered into a Player Contract in accordance with the provisions of Section 5(f) above. In the event the player does not submit to the requested physical examination within two (2) days of the exercise of the Right of First Refusal then, until such time as the player submits to the requested physical examination and is notified of the results, the ROFR Team’s conditional First Refusal Exercise Notice shall remain in effect, except that the ROFR Team may elect at any time to withdraw its First Refusal Exercise Notice, which shall have the effect of invalidating the Offer Sheet and causing the Team that issued the Offer Sheet to be prohibited from signing or acquiring the player for a period of one (1) year from the date the First Refusal Exercise Notice was withdrawn. If the player does not submit to the requested physical examination on or before March 1, the Offer Sheet shall be deemed invalid and the Team that issued the Offer Sheet shall be prohibited from signing or acquiring the player for a period of one (1) year from such March 1.

    In other words, a team can make a First Refusal Exercise Notice contingent on the player passing a physical. That’s what the Rockets did here, and D-Mo not reporting is why we’re in the current situation. But the rule also says that if the player doesn’t cooperate, then the contingent First Refusal Exercise Notice remains in effect.

    My interpretation is that the First Refusal Exercise Notice isn’t complete, because it’s still pending D-Mo reporting for and passing his physical. That means he isn’t “deemed to have entered into a Player Contract” with the Rockets. I would also assume that any such contract would have to be approved by the Commissioner in order to become official, and we haven’t heard about that happening.

    So I don’t know what’s going on with that roster sheet. Maybe something else happened that we don’t know about — for example, the Rockets are still within their rights to waive the physical, which would complete the match and make him a member of the Rockets. Or maybe he IS considered to be a member of the Rockets while the First Refusal Exercise Notice is still pending a physical — as I said, I think there’s room for interpretation here, and Daryl Morey certainly knows more about the situation than I do. Or maybe they just did it as a subtle message to D-Mo and Armstrong that the game’s over.
     

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