Fun Times: Vijay v. PGA Tour Discovery Heating Up!

We had some idea where Vijay Singh's legal team was headed in their lawsuit against the PGA Tour earlier this month, and now Rex Hoggard says the discovery requests have begun.

And you'll be shocked to know they are not requesting the recipe for TPC Sawgrass' turkey dressing.

Singh’s lawyers requested any information “related to any positive tests by any golfer for any substance listed as a banned substance under the program, (and) any discipline imposed,” specifically anything related to a “possible or actual violation of the program” by Doug Barron, Mark Calcavecchia, Scott Verplank, Dustin Johnson and Matt Every.

In other words, a settlement check is right around the corner!

Comments

[DTF]

Ol' Jet Ski has a file? Huh...

[ol Harv]

Interesting to see Verplank's name. Especially after he was so adamant that Casey Martin should not be allowed a golf cart. He would always bring up in interviews that he had several ailments but he would never expect any type of concession. As for DJ and Avery, we already know the substance found in them. Any rumors on Verplank's substance of choice?

[Media driven]

What was the substance found on DJ?? Have seen ref. to it but don['t know details.

[Seattle Jake]

One of these days Tiger's use of PEDs is going to be exposed, which is one of Finchem's biggest fear. Also, Every being on this "drug list" for marijuana is a joke. Give them hell Vijay this guy is pulling for you.

[Conspiracy Theory]

Verplank is a pretty sever diabetic.
Wonder if there is something related to insulin/treatment
requiring a waiver

[DTF]

This makes for some interesting reading: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=qkIdhhECBw19Bp1yiv1_PLUS_AA==&system=prod

[DTF]

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=Uuzz8jcJhdkwsCHOyO98nw==&system=prod


That's the one where they ask for file copies on Calc, Jet Ski, Verplank, Every and Barron.

[tlavin]

Quick settlement? NFW. The PGA has a strong case. Vijay is wasting his money.

[dbh]

tlavin, you're the expert, but the likely resolution has never been a formal verdict has it?
Always struck me the more that could be teased out re. Tour drug policy and its implementation, during a phase like this one, the more likely the Tour was to fold the tent and settle, wanting to protect that info.
If that's correct, I could see a settlement at this point.

[Amen Coroner]

I have heard DJ is a born again rasta. Now I know its maybe true. He seems way to chill all the time not to be!

[LeeWatson]

Been widely speculated Mr Johnson shakes hands with the booger sugar.

[kcw]

I thought Dustin was found to be snorting some. ..dustin? Considering he is marrying a hollwood socialite I wouldnt be surprised

[Pasaplayer]

Geoff, your legal instincts are spot on.

[tlavin]

Not saying they won't throw him a bone, but this case isn't going anywhere. They're just trying to throw mud or at least asking that the PGA supply them with the mud to throw.

[johnnnycz]

Verplank? I can understand the other players. Anyone else surprised that AK didn't make the list?

[KG]

Tlavin,
I don't see how you can claim it will not go anywhere. If Vijays filing is remotely correct, the Tour botched the process badly. If the previous issues have been handled inconsistently, it will only help his case.
But as others have said, you are the expert, so please expound.
My current view is that if the filing for dismissal by the Tour is rejected, they settle quickly, exceptionally quickly. Vijay's lawyer will keep the pressure on by asking for more documents.

[ol Harv]

I enjoy the thought of TF in his office squirming.

[DTF]

Just the information in the initial 10 or 20 pages from the first document linked shows the PGA Tour's enforcement function to be a farce, to quote A-Rod...."it's a kangaroo court".

This info should scare the living bejeezus out of the players and if it's not enough to mobilize them to really assert themselves and gain a measure of control, well they're just f*cking morons. The NFL proved themselves to be inept during Bountygate, MLB just coming off like complete buffoons in the way the A-Rod situation is playing out, and the PGA Tour is right there with them.

They are just completely embarrassing themselves here...

[digsouth]

We can only hope that VJ will not settle, and that tales will be told.

[johnnnycz]

@digs: Will be interesting to hear the size of the settlement check that Tim's going to end up writing to VJ...because come hell or high water...Timmy is not going to show the world the PGAT's dirty laundry...VJ could (and should) drag this matter out for as long as he can IMO. It can't be about the money at this stage in his career.

[gov. lepetomane]

Enjoyed the comments.
Thanks to DTF for the link to the motion to dismiss.
I agree with the impression that the PGA Tour has the better case, but doesn't wish to disclose more than absolutely necessary. Therefore, if he cannot win the case, Vijay's goal is to make Finchem squirm as much as possible.
At the risk of excessive movie referencing, all I can think of is "Deliverance":
"Squeal like a pig!"

[DTF]

Thanks gov.

Passing the baton for case document link credits over to HBL as he was the person who brought that resource to to our attention.

Happy Thanksgiving everyone!

[Pat(another one)]

@DTF, what do you mean by "mobilize the players to ...assert themselves...gain some control" ? Control over what? My hunch is I agree, but I just want to make sure I follow your thought process.

[No Longer Used to be Former Stack & Tilt Convert]

This cannot be surprising to the Tour's attorneys can it? Whatever you think about Timmy, you have to think he is pretty good at "lawyering up".

[DTF]

Pat, are you familiar with the policy board and it's composition?

http://www.geoffshackelford.com/homepage/2013/11/5/vijays-lawyer-tour-has-made-multiple-drug-policy-exceptions.html

S&T, had a similar thought about Finchem and his background which makes it even more surprising how disorganized and sloppy the enforcement function is...you'd think he'd have everything buttoned up tight.

[JS]

AM I missing something? Didn't the Tour trip over themselves to not punish Vijay after he said he used a substance on their banned list?

[Guest]

JS, if that's your take on the situation, best to have some more turkey and leave big thoughts to the grown-ups.

[JS]

Just a question...haven't really paid attention to the whole deal (obviously). So did they actually punish him in any way?

[KLG]

Apparently not, but they did hurt his reputation. Or added to the hurt he does to himself. Of course, I like his attitude most of the time, so there is that.

[Pat(another one)]

DTF, ok, that's what I thought you were getting at. Yes I agree. They need to get control back in their hands, or if not that, at least a lot more decentralized. Too much power in too few hands.

I have a hunch there are many skeletons in that closet, even moreso than just PED-related....

[Blackballed Vijay]

There would only be a quick settlement if the lawyers/Vijay believe there's no way to continue this matter. It has very little to do with money, I'm sure.

If it's settled quickly, most mainstream media will have a go at Vijay for grabbing cash, even after being "let off" (for doing nothing wrong). The real media that no-one reads will speculate as to what the TOUR has to hide. The net result is a negative portrayal of Vijay, which is why he is suing in the first place.

If the judge determines there is no cause for a suit, the press and public should be outraged, and some might be for a week or so, until Miley Cyrus buys a kitten or something. This would be the worst outcome for Vijay and everyone.

If the discovery process is allowed, but with the caveat that the details are not made public, and the judge later rules that favoritism has been shown, a whole sexy can of worms will open. This would be a great result for Vijay and pretty much everyone other than the TOUR. It would at least get people talking about how Doug Barron was shafted.

If the discovery process allowed all the TOUR's files to be made public, then this site would collapse under the weight of the rush for news. This will never happen, of course. Bradley Manning and Edward Snowden are not just coincidentally deemed traitors for telling the truth (which is evidently fatal to the public). This would be the ultimate result, and might create a contract where the TOUR is not the only arbiter of complaints against itself. Ahhhh.... dreams are nice.

How much does Finchem earn? How much do the people who do all the work at tournaments earn? Let's do a simple calculation and then decide whether or not Finchem is even remotely qualified to determine whether or not someone else is a cheat.

The media will harp on how the TOUR is a charity, and whatever Vijay gets (if anything) will be stolen from the coffers of orphans or hospitals (which are funded by charity? In the richest country in the world? Sorry... it just seems weird to people from most other developed countries.). But it seems to me that this whole episode is about getting a better deal for the independent contractors who play the TOUR.

Which is why I believe there will be no settlement.

[DTF]

So the suspended him for 90-days, wrongfully.

Then when he appealed they confiscated his winnings during the appeal.

Then when they knew they had lost and were going to drop the suspension, they sat on it for a while just for the hell of it...all while Vijay's legal representation had the meter running -- the bills must be monstrous.

When they returned his cash no interest was paid (not that any accts pay interest these days).

That's just for starters (doesn't account for reputational damage whatsoever)...

...have the requirements for punishment been met?

Seems like a severely punishing ordeal to me.

[johnnnycz]

@B-Balled VJ: Great post +1

Your reference at the end to independent contractors getting a better deal is interesting. Is Timmy really trying to put out a potential Players Union fire here.

Especially when you read how VJ is popular among his peers and reaches out to younger rookies yet is seen as an a-hole to the press....hence his public image to the mass media fed fans versus the real golf media fans so to speak.

For all his bad sides, VJ at least has cred out there because of how he worked his way from an Island to #1 in the world, and he did it by mostly hard work...cheating and other allegations aside. In the end, he represents the "American Dream" to journeymen pros who would be so very happy to see some the of files they keep locked away down in Ponte Vedra.

[BrianS]

@ Blackballed Vijay. Whatever the outcome of this case, I don't understand how you can somehow correlate Fincham's salary and/or the pay or lack therof of the volunteers at PGA events to cheating. Finchem is an employee of the Tour. The terms of his employment are dictated by the Tour - which the players have a significant (4/9) vote on. In what way is there anything remotely resembling cheating in how much he gets paid ? If the players (collectively) don't approve of what Finchem does or gets paid or how he runs things, I guarantee that he would be gone. But the fact is that they do approve of what he does, he has made them tons of money, and will continue to do so. (And no, it wasn't Tiger they should thank, it is Finchem - Tiger didn't make the TV deals, Tiger hasn't re-upped the sponsors, Tiger hasn't lined up Corporate America to help make the players wealthy. Finchem did that. We will never know what the trajectory of the Tour would have been without Tiger - he came along at the perfect time.

As far as the volunteers at events, what in the world does that matter to anything ? They volunteer (freely) because they like being a part of the event and getting some close up perspective, or whatever. Most events have to turn people away. Who is crusading for more pay for these people ? Not Vijay that is for sure.

[Sal Bonpensiero]

" Most events have to turn people away"

BrianS Really? I'm not sure which tournaments you are talking about. There are a few that do well, but turning people away? Come on. You need to attend Greensboro, Greenbrier, McGladery, Harbour Town, all the Florida events, the match play. I could go on.

[PA PLAYA]

Timmy Finch is basically the madam of the brothel better known as the PGA Tour. He will protect his employees (or better yet the tour's image) and the records will never be made public. They have too much money to not play ball.

Unless, of course, Singh couldn't care less about money. And we might find that to be the case, but I doubt it.

[JS]

DTF,

This link matches my memory of the issue at the time...sanctioned during review, but no suspension.

http://espn.go.com/golf/story/_/id/9228687/vijay-singh-not-suspended-taking-deer-antler-spray

How is it that a guy can admit to using a substance banned by the sport he's playing, not get suspended or directly punished in any way, and sue the TOUR he plays on?

[johnnnycz]

@JS: The deer antler spray was removed from the WADA list of banned sunstances but it appears the PGAT didn't update their own members. Using this out-of-date list they sanctioned VJ, not because he ever tested positive for anything as his random pee tests should prove, but because of an interview he did. If you're going to suspend a pro from making a living, I would say the PGAT needed more than conjecture and word of mouth. They needed a positive drug test which quite frankly...never happened. Yet...from the start VJ was labeled a s being "on the juice" and suspended like his urine was 50% HGH.

VJ...IMO...simply wants this whole pee testing matter handled more transparently and the results of any sanctions for whatever "banned" substance becoming part of the public record.

The fact Timmy is trying to get the whole matter dismissed is quite telling. What's he hiding?

[KG]

Johnnycz,
Deer Antler Spray was never on the banned substance list of WADA. I don't believe the Tour ammended their list to include "deer antler spray" either. IGF was on the list. WADA issued a memo warning that deer antler spray may contain IGF and therefore lead to a positive test. Upon further review, it was realized that it cannot be ingested orally and WADA revised their opinion, somewhat.
To be clear, "deer antler spray" has never been on the banned substance list of WADA.
In a previous post I referenced the list and original WADA warning, but cannot seem to locate them right now.

[DTF]

Great recap KG.

JS...oh he was absoluely suspended, but like baseball the player then faces a choice, appeal, or start serving the suspension. Vijay chose the latter.