Suit against Bobby Orr back on litigation track

STATUS CONFERENCE

Updating a case previously reported in Lawyers Weekly

The parties

Plaintiff Jiri Poner is a Czech national, who makes his living as a hockey talent consultant.

Defendant Bobby Orr Hockey Group is a sports agency that happens to bear the name of the greatest player ever to lace up a pair of skates for the Boston Bruins. 

Who’s alleging what

Poner claims that his contract with No. 4’s agency was terminated in 2011 after a six-year relationship. He was allegedly owed commissions for four players he had recruited to the Orr Group, including former Bruins defenseman Tomas Kaberle.

In a suit filed June 12, Poner seeks damages in excess of $230,000, for past and future earnings.

Developments in the case

After more than six months of docket silence, U.S. District Court Judge Nathaniel M. Gorton entered an order in January suggesting that the case might soon be coming to a favorable end for Orr and his legion of fans in the area.

The judge’s clerk wrote in the filing that Poner and his counsel from Adler, Pollock & Sheehan in Boston had failed to present sufficient proof of service of the summons and complaint as required by Rule 4(m) of the Federal Rules of Civil Procedure and Local Rule 4.1(b). The order stated that the case would be dismissed in 21 days unless proof of service was filed or good cause shown by Adler, Pollock & Sheehan as to why service had not been made.

Jeffrey T. Rotella, co-counsel for Poner, reports that his firm swiftly addressed the matter and the case is back on track for trial.

“It was really a technicality over not being aware of the proof of service,” he says. “I think service is now a moot issue, and we can get back to dealing with the underlying merits of the suit.”

Paul V. Kelly of Jackson Lewis represents the Orr Group. The Boston lawyer says his side saw no reason to fight Poner on the service issue and agreed to file a waiver with the court.

The parties have been in discussions over the past few months but have been unable to resolve the case, Kelly says. He doesn’t see that changing anytime soon; instead, he expects to file a response to the suit within 60 days. Whether it will be in the form of an answer or a motion to dismiss remains to be seen.

“Too early to tell,” Kelly says. “More likely than not, we will file an answer and proceed with discovery.”

FYI

Kelly knows a thing or two about the game of hockey, having served as executive director of the National Hockey League Players Association from 2007 to 2009.