Sports

NBA players lawyer says league in denial

If the NBA players’ antitrust lawsuit was designed to bring the league back to the bargaining table, it has not worked.

Players attorney David Boies admitted as much yesterday at a press conference called ostensibly to explain why the legal battle between the NBA and players will now take place in Minnesota and not in California. He said the two complaints, filed last week in Minnesota and California, were combined into one suit and refiled last night in Minneapolis, with 14 players — including the Knicks’ Carmelo Anthony — as plaintiffs.

But the media gathering in Boies’ Midtown office was also intended to awaken commissioner David Stern, who has been painfully quiet since the initial lawsuits were filed a week ago.

Boies said Stern is in “a state of denial.’’ The lawyers for the two sides have not spoken and it was disgraceful the only David talking yesterday about saving the season was Boies, not Stern.

However, Boies said, it’s not his place to make the first call to the NBA for “settlement discussions.’’ The NBA has until Dec. 5 to answer the lawsuit and a source said the league hasn’t even identified its attorneys.

“It takes two to negotiate,’’ Boies said. “This is the kind of case that people ought to try to resolve. It’s hard to negotiate against an ultimatum. I’d call right now if I had a number to call. They’ll eventually come to the realization litigation is not the best way to resolve disputes. Most litigation should be settled.’’

The NBA responded angrily to the withdrawal of the California suit, which was filed in Oakland. League general counsel Rick Buchanan said in a statement that Boies’ legal maneuver is “an inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims.’’

Asked why he hasn’t called the NBA, Boies said “there isn’t any point’’ due to the league’s take-it-or-leave-it treatment. Boies also said he shouldn’t be talking with Stern because the commissioner is a defendant.

The NBA statement was released during Boies’ press conference.

“The reason [I haven’t called] is because of that statement, saying it’s baseless and ought to go away,’’ Boies said. “It’s a waste of time to make a telephone call. If we thought there was any chance of them being reasonable, we would pursue that.’’

Boies called the NBA statement “ridiculous.’’ The NBA said Boies was unhappy the first hearing had been slated for San Francisco, and not until March.

Boies did not deny the consolidation of the suit in Minnesota was to “try to expedite this.’’ He said he hopes a hearing date is set next week and added the courts would have combined the two suits, but it could have taken two months.

Boies said “things could move faster in Minnesota,’’ adding “the docket is less congested there.’’

“This case should be settled and we should sit down,’’ Boies said. “You’ve heard me say that. You haven’t heard them say that.’’