MTSC and Tulsa United Merger Opinion

http://www.tulsaunitedsoccerclub.com/Default.aspx?tabid=776748&mid=853643&newskeyid=HN1&newsid=10959&ctl=newsdetail

What's your opinion? Good? Bad? I have heard that OSA isn't very happy about it but that's a rumor so who knows. Good for TSCH? Bad for Blitz?

It reads like Blitz will no longer have a "feeder" club. Which is a slow death IMO. No new players=No Blitz.

They will need to merge with someone. The owners will need to swallow their pride for that to happen.

Agree, in order for Blitz to remain competetive in the years to come a merger is a must. Unfortunately for Blitz players and parents I don't see that happening with.

Majority of rec players that come over to Blitz are from south Tulsa or Jenks. They were MTSC players that choose to come to Blitz. This won't effect Blitz's player pool or feeder system at all.

Anyone have an update on the MTSC Tulsa United merger?

It's still tied up in court with both parties responding to legal requests by the end of July. Looks like this one may take some time to sort out.

This situation only hurts the kids. Are either clubs allowed to use the fields during this time?

It does hurt the kids. Especially if MTSC United wins. I say this because they've already admitted they would have to cut back the amount of Tulsa United rec teams due to field availability. However, from what I gathered, there is still a restraining order in place not allowing any usage of the fields on Hwy 169.

Haven't heard that one, when did MTSC United admit that? You would think that if MTSC and Tulsa Untied had enough room before the merger they would have enough room after the merger... same number of kids and fields before and after the merger.

It was brought up during the court proceedings. All of the documents are on OSCN.net. That's where I looked got my info from.

Thanks, I'll check it out. The biggest problem I see effecting the kids is not being able to practice on the fields or even know which club they play for. The season is getting ready to start and these kids don't know what to do.

I think it could be argued that whichever club the courts rule against should be blamed for locking this issue up in court and creating these problems for the kids.

Well, the court has already ruled against MTSC United twice so far (court proceedings and restraining order). Things aren't looking too good on their side right now. But with the legal system anything can happen.

I guess Blitz can always play at Mohawk.

If you have some time to kill, i suggest reading the documents that have been published on this case at OSCN--especially the testimony at the end of one of the the last documents. It's hysterical.....and eye opening.

Rico. What is the case number?

Can you copy and paste some of the best info for those of us too lazy to read the entire set of docs?

ENERGYFC04 wrote:Rico.  What is the case number?

CV-2016-00619

Can you copy and paste some of the best info for those of us too lazy to read the entire set of docs?

I can't really cut and past, but go to this document and scroll down toward the end and read the actual testimony:

http://www.oscn.net/dockets/GetDocument.aspx?ct=tulsa&bc=1033901640&cn=CV-2016-619&fmt=pdf

it's sort of long, but worth the read.

Thank you for the link, but now I blame you for my headache trying to find the Q&A and then read it . One question, what are the 7 baseball fields talked about during Mr. Tindell Q&A?

This is all melodrama to the detriment of the kids both in rec and competetive in Blitz. Per page 6 quoted below as if TSCH has been using TUSC fields for tryouts and games. It seems to be a board takeover sanctioned by OSA if I read this correctly which could be wrong. I was suprised to see these fields are leased to TUSC by the city until 2024. I thought TUSC owned the Bishops fields but I was mistaken. The 7 baseball fields are discussed because of the belief that TSCH does not have enough practice fields so thats why TSCH is supposedly taking over Bishops field. Click image to read in entirety. If it wasn't so sad I would consider it comedy.

In reading the court documents it frankly makes tsc look bad. There is frank confessions via testimony from tsc officials and officials. This looks like a cloak and dagger attempt to take over the rec club. That said, we may not be hearing the total story.

It really makes TSC and MTSC Utd management look bad. Even after reading both sides sets of briefs, it completely reads as if TSC and MTSC Utd colluded to make a practice/game field land grab and drive Blitz out of business. Pretty shady.

FootballDad05 wrote:This is all melodrama to the detriment of the kids both in rec and competetive in Blitz. Per page 6 quoted below as if TSCH has been using TUSC fields for tryouts and games. It seems to be a board takeover sanctioned by OSA if I read this correctly which could be wrong. I was suprised to see these fields are leased to TUSC by the city until 2024. I thought TUSC owned the Bishops fields but I was mistaken. The 7 baseball fields are discussed because of the belief that TSCH does not have enough practice fields so thats why TSCH is supposedly taking over Bishops field. Click image to read in entirety. If it wasn't so sad I would consider it comedy.

That affidavit is a joke.  If one pre-tryout session gets cancelled then parents will go sign their kids up with other clubs and it could "decimate" TSC.  HAHAHAHAHA!  Exaggerate much Marlon?    And this is a signed affidavit.....wow!!!!!

In review of the legal proceedings below will be some of the quoted highlights. The whole thing looks pretty damning on a few of the former board members of Tulsa United and those at Metro Soccer and TSC. Now before the TSC people get on here acting like TSC is innocent and has no role in this go read the transcript. It was a purposeful attempt to takeover/destroy blitz IMO.

It appears from the Court documents (as confessed during the Court hearing) that the merger was done in complete secret without the knowledge of the general membership of the club. That in and of itself wreaks of wrongdoing in my humble opinion. That said, I suppose we will have to wait for everything to come out.

The part I, as a Westsider have issue with, is OSA has now hired lawyers and presumably my money is going to a legal fight that appears suspect at best.

To me, the most damning part of the allegations is as follows (this is all from the briefing filed before the court):

“The Goodwin Defendants claim that they can seize the assets of a nonprofit organization by secretly working with their family members to rewrite corporate documents, and that there is no remedy for the nonprofit's members whose assets and cash were taken. Put more succinctly, the Goodwin Defendants urge that since their scheme was mostly successful, they have robbed TUSC not only of its cash, but also of its standing.”

“The Goodwin Defendants propose that secret bylaws, drafted by Marlon Goodwin's brother-in-law for the purposes of secretly transferring TUSC's assets to a competitor without any compensation and without notice to TUSC members, allow them to freely disregard the rights of TUSC's members, the obligations imposed by TUSC's bylaws, and Oklahoma law.”

“David Perryman testified under oath: 1) That he received money from the TUSC's membership who entrusted the money to him [Hearing Transcript, Ex. 3, 31:5-9]; 2) That by virtue his position as treasurer, and because he was charge of the membership'S money, he owed a heightened responsibility to the club's members [Ex.3,30:6-31:16]; 3) That he - and certain other board members - secretly met without notice to all board members and without approval of the club's membership, and voted to transfer all of TUSC's assets to another soccer club, Metro [Ex.3, 32:22-33:7]; 4) That he signed a non-disclosure agreement to "keep the merger quiet" from the club's membership [Ex.3, 51:10-19]; 5) That somebody from Metro has taken over the money [Ex.3, 62:17-21]; 6) That he and the Goodwin Defendants violated his fiduciary duties to the Tusc membership:”

“Q. Okay. So you're in charge of the money for the TulsaUnited Soccer Club, Inc.; you vote under a secret vote that you want to keep quiet that you're going to merge; and you give somebody else the keys to the checkbook and you don't even know who you gave it to. Is that right?
A. Yes.
Q. Do you think that is fulfilling your fiduciary duty to the members?
A. No.
Q. Pardon me?
A. No.
[Ex.3, 62:22-63 :8].”

More fun witness statements:

“Q. And you said that you're responsible for acting under bylaws, but you tan't tell this judge what bylaws you "'were acting under, correct?
A. YES.
Q. Did you sign one of those non-disclosure agreements that Mr. Goodwin asked you to?
A. Yes.”

More:

“Q. SO were you aware that after the Tulsa United soccer l.iroup filed its grievanc~ with the OSA that Tulsa united Soccer Group, Inc., tried to withdraw from the OSA?
A. Yes.”

TSC Just Ignored a Valid Court Order – Current Motion for Fees et al pending:

“MS. COOPER: Your Honor, as I understand your ruling, you're allowing the kids to be out there tonight because the parties failed to recognize a valid order of the court and failed to instruct th~ir clients that they should recognize, so, in fact, my clients are being penalized because they did not follow a court order. So my request is just for our fees and costs for today, becaause obviously it was a very lax attitude…”
“THE COURT: I will take that under advisement. I'm not going to decide it today, But I am a bit concerned that there is total disregard for a valid court order that was put in place on Friday, but we'll will take that up, that issue”

“The Goodwin Defendants are former board members of TUSC, now affiliated with MetroTulsa Soccer Club ("Metro"). On February 13, 2016, Defendants announced a "merger" of operations TUSC with Metro (in violation of TUSC's bylaws and state law), in order to convert its assets to Metro. Defendants attempted to conduct this "merger" in secret without a vote of the membership as required by TUSC bylaws. When ordered by the OSA to conduct a vote of the membership, the proposed "merger" was unanimously rejected. [Meeting Minutes, attached as Ex. 3]. At the same meeting, a new board was elected, and the Goodwin Defendants were not reelected. [Id.]. The Goodwin Defendants are now working openly to advance the interests of Metro, at the expense of TUSC youth players. Indeed, they have admitted under oath to violating the rights of TUSC's membership.”

“Marlon Goodwin contends that TUSC is governed by secret new bylaws (prepared by his brother-in-law) after the attempted "merger." Mr. Goodwin further contends that these secret bylaws were secretly adopted to secretly transfer TUSC's assets away from the nonprofit and its members to a competing soccer club. However, TUSC membership has never voted to amend its bylaws or to adopt Mr. Goodwin's brother-in-Iaw's secret bylaws.”
“However, the Goodwin Defendants were unable to locate a single piece of evidence to support their claims regarding the adoption of secret bylaws. [Ex. 2, p. 1]. That is because there is no evidence to support their version of events. There are no minutes. There are no notices. There are no executed documents. The Goodwin Defendants instead ask the Court to just "take their word for it." They have submitted cookie-cutter, identical affidavits. Ironically, none of these affidavits affirmatively discuss the secret bylaws they claim to have adopted; instead, they all criticize "the old By-laws." Even if these secret bylaws were permitted, the transfer of all of the corporation's assets to a competitor requires a vote…”

“When the Goodwin Defendants chose to disregard the will of the TUSC membership and institute this litigation, the Board of TUSC authorized McAfee & Taft to protect its interests. [Authorization, attached as Ex. 7]. The Goodwin Defendants cannot make themselves board members just by claiming to be board members - they have to be elected. It is undisputed that these individuals are not elected to the board of TUSC.”

“After the Goodwin Defendants' misconduct was discovered, the Oklahoma Soccer Association ("OSA") took action to protect the interests TUSC and the members and families it represents. After the OSA proceedings were instituted, the Goodwin Defendants purported to "amend" their certificate of incorporation and bylaws for the express purpose of evading the OSA's jurisdiction.

The Goodwin Defendants argue that by attempting to withdraw from the OSA during the complaint process, they somehow divested the OSA of jurisdiction.”

Told you it was entertaining and eye opening!