Rangers bankruptcy judge absolutely reams Chuck Greenberg

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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?

Video: Aledmys Diaz hits a grand slam in remembrance of Jose Fernandez

ST. LOUIS, MO - JULY 21: Aledmys Diaz #36 of the St. Louis Cardinals hits an RBI single against San Diego Padres in the sixth inning at Busch Stadium on July 21, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
Dilip Vishwanat/Getty Images
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Cardinals shortstop Aledmys Diaz was childhood friends with Marlins pitcher Jose Fernandez, so it was expected when Diaz took time away from the team on Monday to visit Fernandez’s family in Miami. They grew up on the same street in Cuba and played for the same youth baseball team and both would ultimately wind up playing Major League Baseball in the United States.

In the bottom of the fourth inning of Tuesday night’s game against the Reds, Diaz hit a 2-1 Robert Stephenson fastball out to left-center field for a no-doubt grand slam. Teammate Yadier Molina gave Diaz a tight hug as he crossed home plate.

Before Tuesday’s game, Diaz said that the best way to honor Fernandez was to play with his passion, as MLB.com’s Jenifer Langosch reports. Diaz said, “I only play for [Fernandez’s] family right now.”

Here’s the video.

AL East still mathematically undecided as Red Sox lose, Blue Jays win

NEW YORK, NY - SEPTEMBER 27:  David Price #24 of the Boston Red Sox pitches in the first inning against the New York Yankees at Yankee Stadium on September 27, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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The Red Sox would have clinched the AL East if one of two things happened on Tuesday night: the Red Sox themselves beat the Yankees, or the Orioles defeated the Blue Jays. Neither happened.

The Jays soundly took down the Orioles 5-1 behind six strong innings from Aaron Sanchez. Josh Donaldson went 2-for-2 with a two-run home run and a pair of walks and leadoff batter Ezequiel Carrera went 2-for-3 with a solo homer, an RBI single, a walk, and three runs scored.

Meanwhile, at Yankee Stadium, the Yankees outlasted the Red Sox for a 6-4 win, responding to both two-run innings the Sox had in the sixth and seventh with a run in the sixth and two in the seventh. Gary Sanchez hit his 20th homer of the season. Didi Gregorius and Tyler Austin also contributed dingers. Starter Luis Cessa pitched well, limiting the Sox to two runs over six innings on five hits and a walk with two strikeouts. Red Sox starter David Price struggled, yielding six runs in 6 1/3 innings. Yankees reliever Tyler Clippard got into trouble in the ninth inning but was able to wiggle out of trouble to finish out the game.

Once again, the Red Sox will be able to clinch the AL East on Wednesday with a win over the Yankees or a Blue Jays loss to the Orioles.