Rangers bankruptcy judge absolutely reams Chuck Greenberg

1 Comment

As I said this morning, the bankruptcy judge presiding over the Rangers case had initially set the hearing for July 9th, switched it to July 22nd, but then today switched it back to July 9th after Chuck Greenberg and Nolan Ryan moved him to do so in order to make sure they can own the team before the trade deadline rolls around.  Schedules just kind of jump around like that in litigation, and as I said before, it’s not of great consequence.  What can be of great consequence, however, is the machinations behind the changing of the schedules, and on that score Chuck Greenberg may have just shot himself in the foot.

According to Evan Grant, when the judge initially pushed the schedule back to July 22nd, Chuck Greenberg said, audibly, and in open court, “Rome is burning.”  See, that was really stupid, because rather than merely to serve as a means of voicing his displeasure at the schedule, it served to directly insult the judge. That phrase does not say “but we need to move more quickly.”  It says “you, judge, are like Emperor Nero. You’re a careless tyrant who does not care that the city is burning down while you sit and fiddle.”

This is not mere speculation on my part. You see, I once filed a brief in court in which I made reference to “Rome burning” in an effort to get the case moved along more quickly.  It wasn’t really my choice — higher ups and the client inserted the phrase and demanded that it stay in there — but my name was on the brief and I was responsible for its contents. I should have deleted it, though.

Why? Because the day it was filed I was called down to the judge’s chambers and was torn a new one. The judge saw it as his integrity and his character being called out. Saying “Rome is burning” to a judge is like using the magic words on an umpire (See “Bull Durham” for what those words are). He also told me that if he really thought I was the one who wrote the phrase — which he didn’t, because he was basically aware of who was really calling the shots — he would have held me in contempt. As it was, it was a pretty stark lesson in professional decorum.

While the Rangers judge ultimately moved the hearing date at Greenberg’s request, he clearly felt the same way about the motion and, in all likelihood, the “Rome is burning line” as my judge did. Just listen to what he said today:

“You need to understand that this court will decide whether to
approve this plan . . . and will not decide based on what the fans want . . . what the media wants . . . what Mr. Nolan and Mr. Greenberg want . . . or what Bud Selig wants. If the
plan fails to meet (the requirements of the bankruptcy code), I will deny
confirmation and we will be back to square one, and it will be on the
head of those who supported this motion . . . For the sake of the Rangers, I do not want to
see this team stuck in Chapter 11 until this fall. You guys
— not me — you guys are the ones who pushed for this date.”

Does that mean that the judge won’t ultimately approve the plan and let the team get sold?  No. But based on those comments I think it’s clear that the judge will be much more critical of it than he would have been otherwise.  What he said was, without question, a warning to that effect.  And you can probably bet the farm that if there are minor differences between the creditors and the Rangers following the mediation, the judge will be inclined to rule in the creditors favor, potentially costing the Rangers some money and maybe some time. 

But even if it doesn’t, what does this say about Chuck Greenberg? I understand his sense of urgency here, and Rangers fans should be
pleased that he’s fighting hard to get this done. But he’s a lawyer, remember. One with far more experience than I have and who should therefore know far better than I do about how one should and one shouldn’t talk to a judge. By forgetting that these past few days he and his team really got under the judge’s skin here, and did so needlessly.

Despite doing so, he won the battle over the case schedule.  But did he unnecessarily risk losing the war?

Report: Teams reluctant to gamble on Cliff Lee

Philadelphia Phillies starting pitcher Cliff Lee throws during the first inning of a baseball game against the Washington Nationals at Nationals Park Thursday, July 31, 2014, in Washington. (AP Photo/Alex Brandon)
AP Photo/Alex Brandon
13 Comments

In Saturday’s column for the Boston Globe, Nick Cafardo suggests that free agent Cliff Lee is seeking a guaranteed major league deal between $6 and $8 million plus incentives. That is turning some otherwise interested teams away, as the lefty is still recovering from a torn flexor tendon in his left elbow. Lee hasn’t pitched since July 31, 2014.

Last month, Lee’s agent Darek Braunecker said the pitcher would need “a perfect fit” to pitch in 2016. He also noted that Lee has begun a full offseason throwing program.

In his most recent season, Lee compiled a 3.65 ERA with 72 strikeouts and 12 walks in 81 1/3 innings for the Phillies. The Phillies had signed him to a five-year, $120 million contract in December 2010 but declined a club option for the 2016 season, instead buying him out for $12.5 million.

Orioles reconsidering signing Yovani Gallardo

Yovani Gallardo
AP Photo/Tony Gutierrez
4 Comments

In an article for MASN on Friday, Steve Melewski noted that the Orioles were reluctant to forfeit their first round draft pick (14th overall) in order to sign free agent starter Yovani Gallardo. The club is now reconsidering its stance and rechecking the right-handers medicals, MASN’s Roch Kubatko reports.

Gallardo, who turns 30 on February 27, posted a 3.42 ERA with 121 strikeouts and 68 walks over 184 1/3 innings for the Rangers last season. The Rangers had acquired him in a trade with the Brewers, sending Luis Sardinas, Corey Knebel, and minor leaguer Marcos Diplan to Milwaukee.

Gallardo has posted an ERA below 4.00 in six of his last seven seasons. He remains unsigned into February, however, because his strikeout rate has rapidly decreased with each year since 2012. Per FanGraphs, that rate was 23.7 percent in 2012, then went to 18.6 percent, 17.9 percent, and 15.3 percent progressively. Some of that may have to do with diminishing fastball velocity, as Gallardo’s 90.4 MPH average marked a career low among his eight full seasons with at least 100 innings pitched.

The Orioles lost starter Wei-Yin Chen, who signed with the Marlins, and the back end of their rotation is highly speculative with Kevin Gausman, Mike Wright, Odrisamer Despaigne, and Tyler Wilson. Adding a veteran like Gallardo, even if he is apparently declining, may be stabilizing.

Freddy Garcia is calling it a career

Screenshot 2016-02-07 at 10.16.43 AM
Elsa/Getty Images North America
14 Comments

MLB.com’s Jesse Sanchez passes along word from the Dominican Republic that right-hander Freddy Garcia will hang up his cleats for good after Sunday’s Caribbean Series championship game.

Garcia will start that game for the Tigres de Aragua out of Venezuela. He’s taking on Mexico’s Venados de Mazatlan.

“Venezuelan fans are expecting something good from Freddy and so is everybody,” said Tigres de Aragua manager Eddie Perez, who also serves as the bullpen coach for the Atlanta Braves. “Knowing that it’s his last game is going to make it very special. We all hope he pitches a really good game so he can retire in a good way and bring the title for Venezuela. Everybody who is rooting for Venezuela expects him to do well.”

Garcia’s last major league game was in the 2013 postseason. The 39-year-0ld will finish with a 4.15 ERA, 1.30 WHIP, and 6.4 K/9 in 2,264 career regular-season innings. He had a 3.26 ERA in 11 playoff starts, winning a World Series title with the White Sox in 2005.

Video: 2016 will be a season to remember

Carlos+Correa+Houston+Astros+v+Arizona+Diamondbacks+Ctyu5RiU3SWl
Christian Petersen/Getty Images North America
4 Comments

MLB.com put together this very cool video montage reviewing the 2015 season and setting us up for what should be a wild 2016. Young stars, veterans chasing milestones, unpredictable divisional races.

It’s so close to spring training. Let’s do this.