A predictable turn in the ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am

The end of the first month of the 2021 MLB season finds the Colorado Rockies stuck in last place in the National League’s Western Division. By OPS+, they’re the worst hitting team in the NL and the second-worst overall, their 85 OPS+ just edging the Detroit Tigers at 81 OPS+. Even though the Rockies were in the playoffs as recently as 2018, their slow start this year already has cost Jeff Bridich his general manager post. Perhaps unsurprisingly in light of the foregoing, Charlie Blackmon, the team’s ostensible star, so far is having the worst season of his career. His .169/.299/.292 line shakes out to 58 OPS+/56 wRC+/108 DRC+.*

Meanwhile, the winding road that conveys the legal saga of Blackmon’s 1979 Pontiac Trans Am– a story that remains too hot for any other website to cover– may be approaching its terminus. We picked up the tale as it hit the courthouse steps in January, when Blackmon filed suit against Michael Ramsey and his company, Ramsey Performance, alleging that the two entities took his money and his car and, after failing to complete agreed-upon restoration work on the latter, refused to return either. When Ramsey declined to hire a lawyer and instead made a “Good Job/Good Effort” attempt to respond to Blackmon’s complaint by filing only a copy of the complaint bearing Ramsey’s handwritten comments on the allegations, I predicted that Blackmon’s legal team would wait a few weeks and then file a motion for default judgment or judgment on the pleadings.

That’s exactly what happened. Referring to Ramsey’s unusual filing as “a something,” Blackmon’s motion asked the Superior Court of Cherokee County, Georgia to take a shortcut to the end of the lawsuit. Ramsey’s response either was so deficient that it didn’t amount to an answer at all, the essence of the argument goes, or it was an answer that didn’t deny any of the material allegations in the complaint. Either way, Blackmon contended that the court can rule for him on the question of the defendants’ liability right now. The question of damages– basically, the amount of money the court would order paid to Blackmon– could throw a wrench into Blackmon’s gears, however. Because he hasn’t been able to inspect the vehicle, the motion proposes the appointment of a special master– an investigator who works at the judge’s direction– to provide an assessment of the Pontiac’s condition for the purpose of determining a precise monetary award.

If Ramsey’s response to this motion is better than his response to the complaint, it is so only because he typed it as a partially separate document rather than handwriting his comments on Blackmon’s filing. This response otherwise is worse than the last one. Continuing to represent himself, Ramsey complains that Blackmon refused an out-of-court resolution of the dispute on terms Ramsey dictated. Ramsey also provided in-line responses to some of the arguments in Blackmon’s default motion, though these generally do not help his position, being either admissions of matters pertinent to the question of default (e.g., acknowledgement that he was served with the complaint) or immaterial. He also attached correspondence that again reveals Blackmon’s personal email address (although Blackmon’s own lawyer already let that cat out of the bag) and is neither relevant nor, to the extent it constitutes settlement communications, admissible as evidence.

Next up will be the trial judge’s ruling on the default motion. Judge Cannon certainly has plenty of latitude to grant a default judgment in Blackmon’s favor here. The easiest part to resolve should be a ruling on the question of a default judgment against Ramsey’s company, which, in Georgia, must be represented by a lawyer. Apparently open questions about the precise nature of the remedy or remedies Blackmon seeks (e.g., Does he just want his car back? Does he want money from Ramsey, and, if so, exactly how much?) may complicate the situation for Blackmon, however, and complications and uncertainties usually are not helpful to a party seeking entry of a default judgment.

Those, of course, are matters for Blackmon’s legal team to sweat. Their client likely is more concerned about his sub-.200 batting average and his team’s NL-worst record.

As always, keep your browser dialed to ALDLAND.com, where we remain your (actually; I somehow am not kidding) exclusive source for hot rod baseball litigation.

* All statistics current as of the time I typed them.

_________________________________________________________

Previously
A reminder that it’s spring training for automotive shop workers too: The ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am
The ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am

A reminder that it’s spring training for automotive shop workers too: The ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am

MLB spring training kicked off this week, and the schedule included a couple of games for the Colorado Rockies, who make their spring camp in Arizona. While outfielder Charlie Blackmon has yet to make his 2021 spring debut for the Rockies, that didn’t stop his legal adversaries from making theirs on the other side of the country.

In the story too hot for any other sports website to handle, Blackmon is suing a Georgia man– Michael Ramsey– and his company– Ramsey Performance– who, Blackmon alleges, took his money to restore a 1979 Pontiac Trans Am but didn’t finish the work and now refuses to return either Blackmon’s car or his money.

Yesterday, the Superior Court of Cherokee County, Georgia finally heard from Ramsey and his company– sort of. Ramsey, purporting to represent himself and possibly his company, filed a response to Blackmon’s complaint that does not so much answer the allegations, in a conventional sense, as it does continue the long-winded, argumentative emails Ramsey had been sending to Blackmon’s agent before he filed the lawsuit. To the extent they can be distilled, the main points of Ramsey’s countering contentions are that he, personally, is not at fault because all the work was done by his company; there was no fixed schedule for this “spare time” project; the scope of and financial responsibility for work done by third parties remains Blackmon’s obligation; “the vehicle is not a hostage . . . but it will not leave without payment resolution”; a sheriff’s deputy sent to inspect the vehicle at Ramsey’s garage accidentally defrosted Ramsey’s freezer; and Blackmon’s complaint should have included more of Ramsey’s emails.

The unsolicited suggestion that Ramsey and his company should hire a lawyer isn’t merely a strategic one borne out of the thought that judges are unlikely to be swayed upon encountering filings that include both segments typed entirely in capital letters and handwritten annotations on the opposing party’s exhibits. Indeed, while Ramsey has the right to make the choice to represent himself in court, his company, Ramsey Performance, does not.

Indeed, it isn’t clear that Ramsey Performance, as the distinct legal entity that Blackmon named as a separate defendant and to which Ramsey himself pointed for potential liability, filed an answer at all. If it did not, Blackmon’s attorney likely will wait a couple weeks and then move for a default judgment against Ramsey Performance. As for Ramsey’s responsive filing, assuming it qualifies as an answer, it may be ripe for a quick motion for judgment on the pleadings or summary judgment to the extent the judge determines that it does not sufficiently deny key allegations in Blackmon’s complaint. Setting aside for a moment the possibly critical technical failings of Ramsey’s answer, it also is possible that the judge orders the parties to mediate a dispute that seemingly could be resolved for less than $20,000.

The only way to find out what will happen next? Keeping it tuned right here to ALDLAND.com, your exclusive source (seriously) for hot rod baseball litigation.

_________________________________________________________

Previously
The ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am

The ongoing saga of Charlie Blackmon’s 1979 Pontiac Trans Am

1979 Trans Am- bought it new in April of 1979. It is an unrestored 400/4spd  car with a little… | Pontiac firebird trans am, Pontiac firebird, 1979  pontiac trans am

From MLB hot stove season to MLB hot rod season, the Superior Court of Cherokee County, Georgia brings us the tale of Colorado Rockies outfielder and four-time All-Star Charlie Blackmon‘s classic sports car. While the Sports Law Roundup is on hiatus, we’ll tackle this one in as much detail as the public record permits, because what else are we going to do during Pandemic Pro Bowl Weekend?

According to a complaint his legal team filed on Monday, Blackmon hired Michael Ramsey and Ramsey’s company, Ramsey Performance, to restore a 1979 Pontiac Trans Am in early 2015. Since then, Blackmon has paid Ramsey more than $50,000 and has nothing to show for it, and now he wants it back. Ramsey may have done some work on the project, but it is not complete. The allegations and written communications attached to Blackmon’s filing suggest that Ramsey even has refused to allow Blackmon to view the vehicle, much less take possession of it.

The filing includes written correspondence, mostly between Ramsey and Anna Domenech, one of Blackmon’s representatives at his sports agency, ACES. Domenech stepped in to try to retrieve her client’s vehicle. Her documented efforts over the course of most of 2020 proved unsuccessful, but they paint a picture of Ramsey as someone with other priorities and not particularly eager for real engagement with Blackmon’s people. Ramsey’s rare, often lengthy responses refer to his obligations to a software company undergoing post-merger downsizing, a matter he characterized as “my job which actually supports my family.” The emails also suggest that the restoration project became more expensive than Ramsey anticipated and required him to advance money for overruns that he wants to recover, at least in part, before surrendering the car to Blackmon.

Ramsey eventually offered a completion date of May 23, 2020. After he missed his own deadline, Blackmon hired a Georgia lawyer with experience representing sports and entertainment clients in the state to secure the vehicle’s return. In September, when Ramsey responded to the lawyer’s demand, the lawyer forwarded the response to Domenech, simply noting, “[a]t least he is alive.” Domenech replied to agree, further pointing out that the work still wasn’t done and writing, of Ramsey, “[i]f there is someone that can’t be trusted its [sic] him and he has proven that time and time again.”

Blackmon hired another Georgia lawyer who, in December, again demanded possession of the car. Ramsey responded by insisting that he be paid additional money before surrendering the vehicle:

I am more than happy to setup [sic] a review/inspection of the car, settle on what is owed based on that review, and ONLY THEN return the car to Charlie once we are both able to close this. It can only happen in that order and in that way, I will not release the car and settle later . . . . Anything owed on either side are [sic] agreed to and handled before the car leaves as once the car leaves everything is closed.

Blackmon then sought the assistance of the Cherokee County Sheriff to retrieve the car. When that effort was unsuccessful, Blackmon finally filed suit this past week against Ramsey and his company. He’s asking the court to order Ramsey to return the car or pay Blackmon the value of the car plus all materials and services for which Blackmon paid. Blackmon also is asking the court to force Ramsey to pay Blackmon’s legal expenses incurred in the case.

Ramsey has not yet filed an answer to the complaint, and his response isn’t due until at least late February.

There has been no detectable media coverage of this case, and Blackmon presumably wants it to stay that way. Nevertheless, his lawyers’ decision to leave unredacted certain personal identifying information, including Blackmon’s email address and the addresses of two of his current or former residences (one of which looks like it might be incorrect), is a footnote of minor interest pertaining to the representation of a famous client.

Born in Texas, Blackmon attended high school and colleges in Georgia before signing with Colorado as a second-round pick in 2008. Now, he’s entering what might be his final season with the Rockies (he has player options in 2022 and 2023) and looking to rebound from a slight dip, by his standards, in his eleventh year in the majors.

Whose All Stars?

Image result for shane greene all star

The stars were out in Cleveland last night, but whose were they? A year ago, the 2018 MLB All-Star teams played a game for the age, one so representative of these true-outcome times that all but one of the fourteen runs scored that night came courtesy of a home run. Last night was much different. The 2019 all stars scored half as many runs as their 2018 counterparts (with just two total through five innings, sinking the under), and only two of the seven runs came off of home runs, solo shots by Charlie Blackmon and Joey Gallo. (Year-to-year strikeout totals nearly were identical.) As a whole, MLB is seeing its highest-ever percentage of runs scored attributed to home runs through this point in the current season, but its ostensible 2019 stars hit like they came from 1989.

_______________________________

Last night’s ASG likely looked fairly familiar to fans of the Detroit Tigers, however, and not just because the current version of that team only scores 36.01% of its runs with homers, third-lowest in 2019. Even though Detroit had just one representative on this year’s AL All-Star team, Shane Greene wasn’t the only familiar face among the rostered invitees in Cleveland. Justin Verlander was the AL’s starting pitcher; J.D. Martinez was the AL’s starting DH (0-2); James McCann caught Greene’s perfect seventh inning; and Max Scherzer was named to the NL squad (did not play).

The Tigers currently have the second-worst win percentage in baseball– still good enough for fourth in the AL Central!– and resume their regular season schedule Friday against the basement-dwelling Royals.