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

Thanks in significant part to the historic woes of the Arizona Diamondbacks, owners of an active road losing streak twenty-three games in length, the Colorado Rockies have risen out of last place in the National League West, though their 30-43 record wouldn’t place them in any better position in any other MLB division. Star outfielder Charlie Blackmon has significantly improved his personal situation, however. What in early May looked like the worst season of his career (e.g., 58 OPS+/56 wRC+) now shapes up as merely league average. Maybe DRC+ (then the outlier at 108, now roughly steady at 112) knows something after all, and the fact that Blackmon maintained an on-base streak almost as long as Arizona’s losing streak certainly helped.

The Rockies don’t face the Atlanta Braves until September, by which time Blackmon likely hopes his Georgia-based legal troubles will have been resolved. ALDLAND remains–weirdly– your exclusive source for coverage of the legal saga of Blackmon’s 1979 Pontiac Trans Am. After Blackmon sued a Georgia man and his company in January, alleging that they refused to either complete work on or return his vintage vehicle, it looked like the case was steering toward a fast resolution when the defendants fumbled their opportunities to respond to the lawsuit. As predicted in these very digital pages, Blackmon then asked the Superior Court of Cherokee County, Georgia, to grant him a default judgment against both the individual defendant, Michael Ramsey, and the corporate defendant, Ramsey Performance. My assessment of the case at that point:

Judge [David] 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.

Now, in his first edict in this case on the subject of the defendants’ default, Judge Cannon indeed seized upon that easiest portion of the issue before him, but not quite in the manner Blackmon probably wished. Acknowledging that Georgia law requires Ramsey Performance to be represented by an attorney in litigation in that state, the court’s notice nevertheless states that, in consideration of general guidance from the Supreme Court of Georgia favoring generosity in granting extensions of time during pandemic conditions, it will permit Ramsey Performance nearly another month to find a lawyer.

While this is a significant reprieve for Ramsey Performance, the relief may be short-lived. The mere participation of an attorney on the company’s behalf alone will not cure the company’s problems in this case, and that attorney still will be in the difficult position of having to convince Judge Cannon that he should excuse Ramsey Performance’s failures to respond to Blackmon’s complaint and motion for default judgment. To the extent settlement remains on the table, this may push Ramsey, who has repeatedly expressed his displeasure with the notion of having to pay for a lawyer, closer to a deal.

So pump the brakes for now, attentive public, and navigate your browser back here in a few weeks for our continuing exclusive coverage of arguably the summer’s biggest sports law story.

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

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.

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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.

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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.

When do baseball teams score runs?

baseballline

One of the marks of a smart baseball writer is the ability to sense a trend, research its existence and nature, place her findings in context, and present her conclusions in a way that meaningfully educates readers. Inherent in this ability is the wherewithal to know when to stop researching a trend or pressing on a concept, realizing that the fruits of the work have been or soon will be exhausted. Sometimes a person who is not a “smart baseball writer” by the foregoing definition will noodle about on an idea for so long, he’ll end up with a small pile of research that no longer has any bearing on any meaningful conclusions.

Two years ago, I decided to investigate a hunch that the Detroit Tigers were having trouble scoring runs late in games. My initial research mostly seemed to support my hypothesis, and a follow-up look appeared to confirm it more strongly. More than merely interesting (and fleetingly self-satisfying), it also was informatively concerning, because it placed the team’s well-known bullpen problems in a more nuanced light: relief-pitching woes alone weren’t the problem, because the lack of late-game scoring was compounding the problem of surrendering leads during the final frames. As strange as it seemed, the Tigers had interrelated shortcomings on both sides of the plate.

One comment I received in the course of sharing those findings stuck with me: I needed to place this information in context. After all, there are plausible reasons to believe that all teams might, perhaps to varying extents, experience decreased run production in the late innings.

And so it was that, two years later, I finally discovered Retrosheet, a site that compiles inning-by-inning scoring data to a more useful degree than the resources I’d utilized back in 2013. What follows are two graphs of the inning-by-inning scoring of sixteen teams for the 2014 season. Continue reading

Preseason BP Nuggets

bpro-oscarAs mentioned, this is my first season reading the Baseball Prospectus annual, and as those around me this spring have noticed, it’s full of numbers. Numbers are okay, but without analysis or interpretation, it can be a bit like reading the backs of a bunch of really comprehensive baseball cards (that also happen to include some sophisticated projections for the season ahead). There’s nothing wrong with numbers, but they don’t tend to make for very exciting reading on a site like this. Instead of asking you to widen your eyes along with me at the number of home runs Chris Davis is projected to hit this year (thirty, down from his Triple-Crown-repeat-spoiling fifty-three in 2013), I’ve tried to extract a few nuggets of information from the weeds of the raw data that will make watching baseball this season just a little bit more enjoyable.      Continue reading

Upton Abbey: Episode 6 – I Can See Clearly Now?

upton abbey bannerYesterday, the Atlanta Journal-Constitution reported that Dan Uggla, Braves second baseman, would be placed on the disabled list in order for him to undergo Lasik eye surgery:

In the midst of the worst season of his career, Braves second baseman Dan Uggla will have Lasik eye surgery that will keep him out of the lineup for at least the next two weeks.

Uggla was placed on the 15-day disabled list and Tyler Pastornicky was recalled from Triple-A Gwinnett and will start Tuesday night’s game against the Phillies at Turner Field.

Uggla will have surgery in two or three days, and the Braves think he’ll be able to recover quickly, play in a few minor league games and return to the active roster in 15 days or shortly thereafter.

“It was a mutual decision,” said Uggla, who ranks second among Braves with 21 home runs and leads the team with 62 walks, but has the lowest average (.186) among major league qualifiers and most strikeouts (146) in the National League. “Obviously I don’t want to go on the DL whatsoever, but at the same time you’ve got to do what’s best for the team right now.

“I’ve been struggling pretty bad and battling with the contacts and grinding with those things day in and day out. I think the best thing to do is just go ahead and do it now.”

The full story is available here. Uggla can be a lightning rod for criticism, and the fact that his home runs and walks are up at the same time he has baseball’s worst batting average (supplanting teammate B.J. Upton) and is leading the National League in strikeouts sounds to me like a very Uggla season. With the team continuing to be beset by seemingly critical injuries (and succeeding in spite of that), the question is whether Lasik– which sounds a bit dog-ate-my-homework-esque– can help Uggla.

The idea here is that Uggla’s having trouble hitting the ball because he’s having trouble seeing the ball, and that having corrective eye surgery would improve his ability to see, and therefore hit, the ball. That AJC story includes an apparent testimonial from Uggla’s teammate, catcher Brian McCann, who battled vision problems and is having a great season at the plate this year.

But a 2005 study found “no statistically significant or practically significant difference . . . between the presurgery and postsurgery means on either on-base percentage, batting average, slugging percentage, or on-base plus slugging of any major league baseball players.”

Fangraphs’ Chad Young thinks there’s good reason to believe that study is flawed, however. His article raises three primary issues with the study: 1) it fails to account for player age; 2) it does not place player output in historical context; and 3) it utilizes rigid, narrow sample windows.

Young attempted to crunch the numbers himself in a way that addressed the flaws he saw in the study’s methodology, leading to a number of conclusions, including: a) offensive contribution increased significantly in the year following surgery, and b) players in Uggla’s age range saw an increase in offensive contribution, while older players saw a decrease, something Young attributes to age independent of eye surgery. In other words, “when we account for age and league context, the picture gets quite a bit rosier. Maybe the way I am looking at the data suggests I need the surgery more than Uggla does, but I am not ruling out the possibility that we will see noticeable gains once Uggla can see.”

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Uggla may be having trouble seeing the game right now, but we certainly did not, as our last trip to Turner Field found us in what may be the best seats I’ve ever had for a baseball game.

rockies braves august 2013I have yet to see the Braves lose in Atlanta this season (a streak that will be put to the test again tonight), and this particular game was the most emphatic victory yet. Continue reading

ALDLAND Podcast

Welcome back, loyal ALDLAND Podcast listeners.  Last night, Chris and I took time out of getting physically and mentally prepared for the premiere of Breaking Bad to record this extra special podcast for you.  So take a listen, you will likely be at most moderately disappointed.

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