CELTICS SUE FOR CONTEMPT SHAW IGNORES COURT ORDER

July 18, 1990

CELTICS SUE FOR CONTEMPT SHAW IGNORES COURT ORDER

Fresh from their latest courtroom victory, the Celtics wasted no time yesterday and initiated civil contempt proceedings against Brian Shaw. The move came after the team was convinced that not even a directive from the 1st US Circuit Court of Appeals would change Shaw's mind and compel him to terminate his contract with Il Messaggero. It is the second time in three weeks the Celtics have submitted such a request; the first was denied pending the appeals court decision.

Asked about Shaw's determination to ignore the court order, his Boston-based counsel, Laura Carroll, said, "He's pretty resolute. We talked to him and his current leaning is not to send the termination letter." Carroll added she planned further conversations with Shaw, but detected no difference in his position. Shaw has refused to return phone calls.

The latest contempt filing came less than 24 hours after the appeals court upheld a federal court decision ordering Shaw to immediately terminate the Il Messaggero contract. The Celtics also have filed a motion seeking court approval to have a designated stand-in be authorized to send the termination letter to Il Messaggero if Shaw continues to refuse. Attorneys for the NBA team said they hoped to have a hearing on both motions this week.

Shaw's two-year, $1.7 million contract with Il Messaggero contains a one-month period in which he must notify the Italian team only if he plans to play in the NBA in the 1990-91 season. If no notification occurs, the second year automatically kicks in. The final day for such notification is Friday.

The Celtics set no specific request for damages in the contempt motion, which was filed with US District Court Judge A. David Mazzone. In many civil contempt cases, the violator is fined a daily amount until he complies.

"It's the court's order, so we're leaving it to them," Celtics attorney Neil Jacobs said. "There is an order being violated, purposely. We're leaving it to the judge to fashion such a remedy as he deems appropriate."

The contempt motion also asks that Shaw appear in court, although such a provision could be satisfied by the appearance of Shaw's attorneys. The appeals court decision was the third ruling in favor of the Celtics, who are trying to prevent Shaw from returning to Italy. On June 14, an NBA arbitrator ruled Shaw's Celtics contract, which runs through 1994, is valid and enforceable. He ordered Shaw to terminate the Il Messaggero contract June 20. Shaw has since asked that the arbitration award be vacated.

When Shaw refused to comply by the June 20 date, the Celtics went before Mazzone, seeking additional support. On June 27, Mazzone backed the arbitration decision, ordering Shaw to comply immediately. Shaw then appealed Mazzone's ruling.