Loading ...From the Enquirer:
General manager Wayne Krivsky’s standard answer about the Gary Majewski controversy lately has been: “We’re having internal discussions.”
But the Reds are doing more than simply talking. A team insider said lawyers are preparing a case to take the issue to grievance if necessary.
snip….
The club has gone so far as to take depositions from people involved in the case.
Article says they’ll likely go to Bowden first, but if they can’t come to an agreement (cash or additional player), they’ll file the grievance.
Good! Someone needs to call Bowden’s act to the Commissioner’s attention. He’s played fast and loose with the rules before.
here, here
Incidentally, Bowden also traded Brad Wilkerson for Alfonso Soriano last winter. There were a couple other players involved, but those 2 guys were the primaries. Most sabermetric analysts called it an absolute steal for Texas.
Now, no one thought that Soriano could be as phenomonal as he has been this year, and that’s all his own doing. But Wilkerson did very poorly for Texas and was finally shelved with an injury he’d been playing through all year. There has been some minor grumbling that this is a prequel to Majewskigate.
I don’t think Fay meant “depositions,” which are formal questioning sessions, taken under oath. They take place after a lawsuit or claim has been filed, and the opposing side gets to attend. I think he meant “interviews” or “recorded statements.”
/End lawyer geek rant/
I don’t know who the source of the “depositions” statement was but they are flat wrong. Depositions are a legal tool used during the discovery process that can only be given to named parties in a complaint.
If and when a grievance is filed, I doubt it will be a complaint. If it is a complaint then it would likely be for breach of contract. The named parties would likely be Cincinnati Reds and Wayne Krivisky v. Washington Nationals, Jim Bowden, et al (does 1-20 inclusive). The only people who could give depositions from the Reds are Bob Castellini and Wayne Krivisky. The only people who could give depositions from the Nationals are Ted Lerner and Jim Bowden.
What probably is going on is that the Reds hired attorneys who are in the process of holding client intakes and interviews. These are informal seesions used to meet with clients and get a sense of what facts/legal issues should be added to the grievance.
Not to get way off track here, but third parties are deposed all the time (once a case has been filed). Just serve them with a subpoena and you’re good to go. Employees, too. IF this was a lawsuit, the Reds would depose the Nats medical staff, plus anyone else who had knowledge of Majewski’s injury.