1 Nominal Respondents The Baltimore Orioles Baseball Club and Baltimore Orioles Limited Partnership (“BOLP”), both on its own behalf and in its capacity as managing partner of Petitioner TCR Sports Broadcasting Holding, LLP, respectfully submit this memorandum of law and supporting materials in support of Petitioner’s application for a preliminary injunction. At the show cause hearing on August 7, 2014, this Court orally granted the Nominal Respondents permission to file papers in support of Petitioner.
NOMINAL RESPONDENTS’ INTERESTS
BOLP is the managing partner of Petitioner TCR Sports Broadcasting Holding, LLP, which does business as Mid-Atlantic Sports Network (“MASN”). BOLP also owns Nominal Respondent Baltimore Orioles Baseball Club. This memorandum refers to the Nominal Respondents together as “the Orioles.” As explained in MASN’s submissions to the Court, the purpose of the 2005 settlement agreement (“Settlement Agreement”) that created the two-Club regional sports network, renamed MASN, is to compensate the Orioles and MASN for, among other harms, the decision of Major League Baseball (“MLB” or “Baseball”) to move the Washington Nationals (formerly the Montreal Expos) into the Orioles’ television territory and historical markets. Because BOLP owns a supermajority of MASN and receives a proportionate share of its profits, the profits that MASN generates serve that compensatory purpose.
MASN has established that it is likely to succeed in vacating the RSDC award because of pervasive conflicts of interest, intolerable self-dealing, and fraud that thoroughly infected and completely undermined any semblance of the fair and objective arbitral process to which MASN
As set forth in § 2.J.3 of the Settlement Agreement and a June 30 letter from the Commissioner, the RSDC award is not final and binding as against the Orioles.
Affirmation of Thomas J. Hall in Supp. of TRO and PI [Doc. No. 23], Exs. 3, 16. As such, the Orioles have not moved to vacate, but have asserted in arbitration their right to de novo review. By supporting MASN’s vacatur petition, the Orioles are not waiving their position that the award is not final and binding as to them, and are not waiving their right to seek de novo review or any other rights.