Thunder Legal Victory Adds Team to USSF D-2 Pro League

COURT ORDERS SCHEDULES REDRAWN TO INCLUDE THUNDER

-Thunder owner Dean Johnson speaks to IMS

By Chris A. Anderson, IMS Legal Correspondent

“The Thunder are back,” announced Dean Johnson, owner of the Minnesota Thunder Soccer Team, while emerging from a Blaine courtroom late Wednesday afternoon.   Johnson’s announcement, less than two weeks before the season is to start, followed the Thunder winning a permanent injunction prohibiting the United States Soccer Federation (USSF) from going ahead with its new Division-2 Pro League without the Thunder.

The injunction from the Honorable Fredric Thomas of the Eleventh Judicial District Court of Minnesota requires the USSF to (1) include the Thunder in its 2010 schedule as a 13^th team, (2) make the Thunder “whole” by returning/transferring players to the Thunder who were on the Thunder roster as of November 2, 2009, and (3) ensure the Thunder play their home games at the National Sports Center Stadium.

With less than two weeks before the opening weekend of the 2010 USSF Division II Pro League, the entire league’s schedule has to be redone to incorporate the Thunder.  The Court gave the league 10 days to release a modified schedule.

IMS legal correspondent, attorney Chris A. Anderson, attended the hearing, examined the ruling, and sat down with Thunder owner Dean Johnson, a St. Paul native now living in Belgium, after the hearing.

An IMS analysis of the legal ruling finds it was unusual as it proceeded by default with no appearance by the USSF and its attorneys.  During the hearing the Court reviewed an Affidavit of Service and was satisfied the USSF had been properly served with the motion.  The USSF, in effect, forfeited by not even showing up to contest the Motion for Injunctive Relief.   IMS was unable to reach anyone at the USSF for an explanation.

Judge Thomas ruled the Thunder would be “irreparably harmed” if not included in the USSF’s  upcoming season and ordered the league to make “all necessary modifications to its schedule to include the Plaintiff [Thunder] in its 2010 season on an equal footing as the previously identified teams.”   In reference to the players, Judge Thomas said the USSF “shall administratively transfer to the Thunder the rights to all players that were registered with the Thunder as of November 2, 2009, and currently on any USSF Division II Pro Team, or unsigned” under the terms of their current contracts or, if not under contract, then the terms of their last contract with the Thunder.

The Court declined to order the USSF to transfer players not in its league, despite the Thunder requesting such relief.  The Court said it lacked jurisdiction for such an order as that went beyond the scope of the USSF’s control and involved nonparties to the litigation.  Absent from the administrative transfer language is any reference to coaches or staff.  Strictly interpreting the Court’s order, coaches and staff are unaffected by the ruling.

A direct result is the Thunder will share the NSC Stadium with the NSC Minnesota Stars in an arrangement similar to the Home Depot Center hosting both the LA Galaxy and Chivas USA.

THE INTERVIEW
Dean Johnson agreed to meet for an exclusive interview early Wednesday evening in the shadow of the NSC stadium at Caribou Coffee.  Johnson’s conditions for the interview were IMS buy him a latte and hold off publication until Johnson’s flight home had departed Minnesota.

Johnson is an elusive figure whose whereabouts and intentions have fueled speculation for months.   Johnson insists on sitting with a clear view of the front door.   A few obstructive chairs are moved and the interview starts.

Johnson, smiling broadly, conveys a sense of anxiousness.   He constantly taps his well worn shoes silently under the table.  Repeatedly checking his watch he sips his large skinny latte (no cream, extra shavings.)   Addressing the chaos the schedule change will trigger he points the blame at the USSF.  Johnson holds them singularly responsible for their “accidentally” leaving the Thunder off the schedule when it was initially released.  Sarcasm is apparent as he draws out the syllables “ac-ci-den-tly”.  He turns serious and says “We never told anyone we were not going to play.  The Thunder have been here since 1990.  Nothing’s changed.  We just waited for the league situation to be cleared up.”

“We knew all along we would play.  I think it is unfortunate that they [the USSF] did not know the things we knew were not true when we didn’t say that.  They knew that they relied on that, or the other thing, when not including us.  Or maybe they knew what they didn’t know but couldn’t admit it.”  Johnson sighs, “That’s in the past and we look forward to working with the USSF this season.”

“We are the most stable Division II team in the country and resented for that fact.  The Thunder as a brand is outstanding.  As an organization we are MLS level quality and that ruffles some feathers at this level.”  Mr. Johnson declines directly to address lingering claims that players, staff, and vendors are still owed money, and appears genuinely shocked by such a claim.   “There may have been some computer issues because we had a flu bug virus thing and we went past the free trial period of a new accounting program.  Nothing serious but I will look in to it, even though it is below my responsibility as owner.”

Johnson jumps out of his chair, startled by a dropped plate.   While standing he leans over the table and slowly says, “The payroll thing was just an oversight. We will transfer some money and get that taken care of first thing next week. It’s really not a problem.”  He stares an uncomfortably long time before walking to the counter.   He orders a free glass of water, ignores the tip jar, and returns to his seat.  Before saying anything he checks his Blackberry for his flight’s departure status.  He smiles, “First class is the only way to fly.”

“Everything is fine now.  We are in good shape, financially sound, minimal debt, and staff and player morale is high. I am proud that we conserved resources starting last summer with minimal expenditures.   Any money we saved we did not spend.  Thunder supporters know I will never burden the Thunder with a crushing debt like the Glazers [at Manchester United.]”

Any regrets about going to court?  “It is unfortunate that litigation was needed, but it was and we won.  I hold no grudges. “  Johnson lowers his voice to almost a whisper, “Forgive those who have wronged the Thunder for they know not what they do.”  Laughing, he adds “I do expect some hard tackles against the NSC Stars during our derby.”

Johnson declines to speculate on why he thinks the NSC Foundation felt the need to create a team.  He shrugs his shoulders and remarks the NSC Minnesota Stars “will struggle this year on and off the pitch, unlike the Thunder.”

He volunteers some friendly advice for success, “Emulate our business model and duplicate our ‘fan first focus’ in keeping people informed about the team.  Communication is key.”   Johnson references the wealth of information available on the Thunder website.   The site is currently undergoing maintenance.

Johnson admits the Thunder lack a Head Coach at present.   According to Johnson he has a “big-name” coach lined up but he is not free to divulge the name.   He says only that the new coach will be a “special one.”

Johnson says the Thunder’s 2010 “kit” sponsor is a “well-respected liquor company.”  The unveiling is in a few days.   IMS has independently learned that Axe Body Wash is likely a “special shirt” sponsor for a one-time promotion with their product name painted on the players’ bare chests and numbers painted on their backs.  IMS believes league approval will be needed for a shirtless alternate jersey promotion.

While getting up to leave, Johnson wants to “give a shout out to the Dark Clouds supporters group.”  Standing among them during home games is one of Johnson’s favorite game time activities.   He smiles and adds that “just once I’d like to bang the drum.”

Johnson’s Blackberry beeps.  He glances at it and politely excuses himself.  Leaving his drinks on the table, he briskly walks to the front door.  He looks back, says “no one can pretend today didn’t happen.”  A black Mercedes approaches and he is gone.   IMS later confirmed his flight departed.

REACTION
The immediate fallout from the Court’s action is significant, as one would imagine.

Goal keeper Nick Platter (“El Disco”), signed by the Carolina Railhawks FC  on March 1, 2010, spent the previous five years with the Thunder.  Reached late Wednesday night by IMS, Platter was unaware of the Court’s ruling.  While initially speechless, Platter quickly becomes animated and most of his comments are unprintable.   After regaining his composure Platter praises his Minnesota fans and mentions he still has some Thunder clothing he has not donated to charity.   Platter plans on loading up his car again and driving back to Minnesota early next week.  IMS readers can follow his progress via Twitter.  A Carolina Railhawks’ spokesman was not available for comment.

Ricardo Sanchez, a two-year player for the Thunder before signing with Vancouver Whitecaps FC on November 19, 2009, appears distraught when reached by IMS about being forced to return to the reincarnated Thunder.  Sanchez, or a convincing imposter, reacts “no, no, no, no, no, nooooooo.”    The connection went dead.   IMS contacted the Vancouver Whitecaps front office and they did not want to comment on the Court’s order except to mention that in 2011 they will be in the MLS, just want 2010 to be a memory, and fully support their current league whatever it is called.  IMS was offered a deal on a season ticket package but declined.

A few other former-now-current Thunder players were reached.   Understandably most players wish to remain anonymous.  One experienced player states “He [Dean Johnson] can kiss my  . . .  if he thinks I will ever play for him again.  He still owes me money.”    Personal harm was the theme from another former-now-current Thunder player, who promises “to accidentally drive a soccer ball in to his [Dean Johnson’s] face at the first opportunity.”  (This player called IMS a few minutes later to apologize for his anger.)   IMS was unable to reach Johnson at the airport for reaction.

The NSC Minnesota Stars have not released a public statement.  Manny Lagos, Director of Soccer Operations and Head Coach of the NSC Minnesota Stars, gave a quick interview to IMS late Wednesday night at the NSC indoor training facility in the midst of several over-35 amateur indoor league games.  (The video of the full interview will be posted on IMS later.)   Lagos said he had only read a fax of the order immediately prior to the interview and was still digesting its impact to his squad.  “What can I do?  If they are not on my roster I can’t play them.”  A quick glance at the Star’s roster reveals a loss of at least nine players to the Thunder.

Lagos remains positive about the upcoming season, but acknowledges a renewed urgency in filling out his roster.  “We hope to add two players from Scottish Third division side East Stirlingshire, pending league approval.“   As the video camera for the interview is turned off, IMS watches Lagos walk away, pick up an errant ball, and kick it to the rafters breaking a light fixture.  No one is hurt by the falling debris.

Whether the new league escapes unscathed is another question.  Thirteen is an unlucky number.

April Fools!

IMS Legal Correspondent Chris A. Anderson has his own criminal defense practice in Blaine.  His web site is AndersonDefense.com