Update: Howard A. Kusnick PA v. Kellin Deglan
The Texas Rangers selected Kellin Deglan with the #22 overall pick in the 2010 MLB Amateur Draft. The 6’2 catcher was one of the more intriguing players on the Canadian high school baseball circuit, who was seen as pretty raw, but had quite a bit of potential, especially with a powerful bat. The fact that he is a left handed hitting catcher also had to improve his draft stock.
Deglan had been committed to play at Florida International University, but ended up choosing to sign out of high school. Double Diamond Sports Management served as his advisors for the Draft. Deglan signed for $1 million, and Double Diamond expected to receive its advising commission of 5%, which comes out to $50,000 in fees.
On July 2, 2010, Howard A. Kusnick of Double Diamond Sports Management filed a Complaint against Deglan for failure to pay a 5% commission on the contract Deglan signed with the Rangers (click here for the court docket). On September 14, 2010, Deglan filed a motion to dismiss and/or for a more definite statement. Kusnick responded by filing a motion for default against Deglan one day later, but the notice of default was not entered based on the court’s finding that a pleading was filed by Mr. Deglan.
On December 8, 2010, Kusnick amended his Complaint. Deglan filed another motion to dismiss on December 27, 2010, this time based on the Amended Complaint. Interestingly, on March 16, 2011, the judge granted Deglan’s motion to dismiss Kusnick’s Amended Complaint, and gave Kusnick 15 days to file and serve a new Amended Complaint. I assume that the Amended Complaint was dismissed without prejudice.
The 15 day period expires tomorrow. At the time of writing this post, the docket does not indicate that Kusnick has filed and served Deglan a new Amended Complaint.
Meanwhile, Deglan appears to be struggling in the Minors. In 22 games for the Class A Short-Season Spokane Indians, Deglan had a batting average of .159 and only 1 homerun. Perhaps he will pick up his game once he does not have to focus on the lawsuit where he is named as the Defendant.