WPS Exhibits 29-40

8/3/2019 WPS Exhibits 29-40

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EXHIBIT 29 .


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From:Sent:To:Cc:

"Anne-Marie Eileraas" [[email protected]]Saturday. May21. 2011 11:36 [email protected]; [email protected]@theatlantabeat.com; [email protected]: Decision on appeal

Dan,WPSand other professional leagues routinely publish penalties against team staff for detrimental publicstatements, and there isno precedent or basis for handling this differently.Younotified the league ofyour intent to appeal two violation notices, dated May12, 2011 and May 18,2011, and a telephonic appeal hearing was conducted on May 20, 2011 at 3 pm EDT.Yourprimaryarguments insupport ofyour appeal were: (1) the penalties assessed against you as an-owner were notproper procedurally, including that the WPSDisciplinaryCommittee may not assess penalties foranything other than on-field conduct and the League appeal process is improper; and (2) your publicstatements as an owner were not detrimental to, and to the contrary are beneficial for, the League.Eachof those arguments isaddressed below.LeagueAuthority to Impose Penalties and Hear AppealsThe League's authority to impose disciplinary penalties stems from ArticleV of the League OperatingAgreement. That article grants the chief executive officer ofthe League the authority in his or her solediscretion to impose a penalty appropriate to the misconduct against a ClassA member ofthe Leaguefor violation of League Rulesor the Operations Manual (Operating Agreement, Article 5.1). "ln addition,the chief executive officer of the Leaguemay impose a fine, youth-oriented community service, or asuspension upon any person who (i)gives, makes, issues, authorizes or endorses any statement having,or designed to have, an effect prejudicial or detrimental to the best interests ofwomen's soccer or ofthe League or of a Member or its Team (Article5.2(c)); arid (ii)conduct having, or designed to have, aneffect prejudicial or detrimental to the League (Article5.2(d)). The Operations Manual additionally givesthe League sole authority to disciplineTeam staff for major misconduct, including prejudicialstatements, public criticism, and prejudicial conduct. (Operations Manual section 13.1.3)The chief executive officer may carry out this authority bydelegating it to the DisciplinaryCommittee,League personnel, or others, as specified inthe Operations Manual:

The responsibility and authority to dispense discipline on behalf of the League resides with theCEO.The CEOmay delegate to certain League bodies, committees, entities or personnel the.authority to impose discipline on the CEO'sbehalf. However, the CEOretains the right toincrease, lessen, modify, or overrule the penalties assessed bythe delegate. The term "League"as used inthese sections shall denote the CEOand or her/hiS designee, e.g. the DisciplinaryCommittee. (Operations Manual section 13.1) .

Acoach or other non-playing person (such as'yourself) may appeal a fine in excess of $250, suspension,or dismissal inaccordance with the procedure set forth in section 13.4 of the Operations Manual, whichprovides that such appeal shall be heard bythe CEO.The decision ofthe CEOconstitutes full, final, andcomplete disposition ofthe appeal.The May 12, 2011 and May 18, 2011 disciplinary sanctions and penalties imposed against you and themagidack team - Includingthe fines; loss of draft picks, suspension, and point deduction - wereproperly assessed. Leaguepersonnel and the WPSDisciplinaryCommittee acted under authoritydelegated byme, as LeagueCEO,and lmposed those penalties in compliance with League rules,inclu~ingthe Operations Manual and Operating Agreement. B y assuming responsibilities as a majorityteam owner and assistant coach inthe League, you are fully accountable to follow League rules and aresubject to League disciplinefor failingto do so. Youhad the opportunity to appeal pursuant to theprocedure set forth in section 13.4 ofthe Operations Manual, and the League properly followed thatprocess in scheduling and hearing this appeal.

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mailto:[email protected];mailto:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected];


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Public StatementsWhatever their purported intent, the public remarks including false statements that are the subject of the May 18, 2011discipl inary action are prejudicial and detrimental to the best interests of WPSand the sport of soccer. They harm thereputation and business of the League and its employees, business partners, and teams (including harming your ownmagicJack team). Further, the statements interfere with the L~!lgue's prospects among investors, sponsors, the U.S.Soccer Federation, players and fans. As a start-up league, WP.Scan ill afford the damage these statements have causedand will continue to cause. .Inote that you have failed to attend regular Board meet ings. If your true intent isto make a constructive contr ibution tothe survivabili ty ofthe League, participating in meetings of the Board and working with your partners isthe appropriateway to do that.The appeal is denied, and the penalties set forth in the May 12, 2011 and May 18, 2011 notices are upheld. Your two-game suspension begins immediately.Anne-Marie Eileraas IWomen's Professional SoccerChiefExecutiveOfficerPhone: 415.837.8420 I Fax: 415.553.44591 75 0M ontg om e ry S tr ee t I tst F lo or I S an F ra nc is co , CA94111www.womensprosoccer.com

-----------_ . . - - - - - _ . _ . . . . . ._--------_._-_._ ._ - _ . - - _._--- .. -.-._ _ . _ . _ - . . . . _ _ . _ - - -From: [email protected] [mallto:[email protected]: Friday, May 20, 20111:49 PM .To: Anne-Marie Eileraas; [email protected]: [email protected]; [email protected]: Re: Answer to my questions- : ' \. i O k. W e should try an d reach an u nde rstan din g in ste ad of d oin g th is pu blic ly . I w i l l b e a va ila ble to talk to nig htan d tom orrow aftern oon . R ig ht n ow it app ears that rep orters d o n ot kn ow of su sp en sion .

S en t via B lack Be rry by A T&T------------------------------_-.-~--------.------From: "Anne -Ma ri e E il er aa s" < ame@womenspr osoc c er .c om>

Date: Fri, 20 M ay 20 11 13:34:04 -0700To : ; Cc : < fi tz@ th e at la n ta be at .c om>; SU bje ct:.R E: A n sw er to m y q ue stio nsDan, thank you for submitting the below arguments in support of your appeal. Iwil l review and issue a decision withinthe next day.Anne-MarieFrom: [email protected] [manto:[email protected]]Sent: Friday, May 20,201112:20 PMTo: [email protected]; ame@women~prosoccer.com; [email protected]: [email protected]; [email protected]: Re: AnsWerto my questionsAMUpon learning o f who assessed the penalty including suspending me to an owner,being that itwasn't you,is that muchmore problematic to your case.You cannot ignor~ the rules.The D Committee is this instance has no right to asses theserules.' .

IREDACTED
http://www.womensprosoccer.com/mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]://www.womensprosoccer.com/


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'\\ Dan!

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In a m essage dated 5/20/2011 3 :1 7:0 4 P .M . Eas te rn D ay lig ht T im e , DBORISLOW@aol .com writes:AMIf you were a lawyer,you would know one has to believe in most cases he believes he has done somethingwrong.! believe the com ments I m ade were for the benefit o f the league,it's players and the survivability of thele ag ue .Th e lea gue is in crisis a nd no bo dy w ants to reco gn ize this g rave fa ct.I am w illing to com e to a com prom ise for both our benefit going forward.Right now,l w ill be view ed as a m artyrand further success and the m ore W s put into the books,will w ork against w hat you m ay be trying to achieve.W ehave the sam e goal possib ly,w e need to find out,

In a m essage dated 5/20/2011 2 :5 8:3 6 P .M . Ea ste rn D a ylig ht T im e , DBORISLOW@aol .com writes:If we lose the gam e this S undaY ,we will put the gam e under protest for not a ll,owing m e in the technicalarea. .Da nIn a m essage dated 5/20/2011 2 :5 5:0 5 P .M . Eas te rn D ay lig ht T im e , DBORISLOW@aol .com writes:You did not have the right to have any penalties assessed against m e from this com mittee,asth ere a re n o g am e in fra ctio ns .A gam e infraction is an event that starts and ends during theg am e,S uch a s fo ulla ng ua ge ,re fe re e a ssig ne d p en alty . It has a common meaning in sports an dFIFA soccer.Th is committee is n ot on e of m y p ee rs e ith er. It w as a lso la ckin g th e p ro perp erso nn el. La stly,ple ase refe r to m y p rio r e ma ils a s a ny alleg ed n on g am e in fra ctio n ag ain st a now ner or team was not properly dealt w uith by your ow n rules. Technically there is nothing toap pe al,a s a ny a ctio n yo u h ave take n to d ate ,p artic ula rly m y su sp en sio n w as n ot d on e p ro pe rlyor with due process.l will hold the individuals who want to cause damage to me and the leagueresponsib le and seek dam ages if this is not halted in irs tracks.DanIn a m essage dated 5/20/2011 2 :4 1:1 0 P .M . Eas te rn D ay lig ht T im e , DBOR IS LOW@aoL comwrites: . .T his co mm itte e is Ju st fo r g am e in fraction s,1 d id n ot ha ve a ny.W ha t oth er co mm itte e is th ere fo r th e o th er infraction s you a lle ge ?Dan , .

In a m essage dated 5/2012011 2 :3 5:1 6 P .M . Eas te rn D ay lig ht T im e ,ame@womensprosoccer .com writes:Dan,Th e re fere e re pre se nta tive is S im ply th e lea d re pre se nta tive o f th eD is cip lin ary C omm itte e. T he D isc ip lin ary C omm itte e d ea ls w ith o n- fie ldconduct as you point out, p lus public criticism of the league and W PS offic ials(for exam ple they im posed the Hope penalties and the S cott warning). Y ouserve a dual role - as a W PS coach, and owner. Kim can speak to theC om mittee 's decision on the suspension. M elanie will address the otherpenalt ies.Talk to you soon.Anne-Marie

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rom: DBORISLOW@aol .com[mall to : DBORlSLOW@ aol.com]n t: F rid ay , M ay 20, 201111:22 AM0: melanie. f i tzgerald@womensprosoccer .comi ame@womensprosoccer .comc: f i tz@theat lantabeat.com; [email protected] bje ct: R e: A ns we r to m y q ue stio ns

h is doesn 't f a t t he b il l f r om these t ype o f a ll eged inf rac ti ons ,pa rt icu la rl yta temen ts ma de to th e p re ss from a n own er- Th is is d es ig ne d from a p la ye rs o ro ac h c on du ct o n th e fie ld a nd n ot o n o ff th e fie ld .N o t a n own er e ith er.Wh o a ree two p la ye rs ?1 t h in k you a re haphazar dl y go in g in to t his a nd e ve ry th in gh ou ld b e o n h old till It Is d on e p ro pe r.

oa me ss ag e d ate d 5/20/2011 1:30:00 P .M . East em Daylig h t T ime ,elanie. f i tzgerald@womensprosoccer .com writes: .

ection 13.1.1 o f th e Op era tio ns Ma nu al o utlin es th e s tru ctu re o f th ePS Disc ip l ine Commit tee :

13.1.1 Disciplinary Committee. The League shall havea Disciplinary Committee. The CEO has delegated tothis Committee League disciplinary "powers for gameinfractions. The Committee shall be comprised of theManager of League Operations, a refereeingrepresentative, and two player representatives. Therefereeing representative shall be a retired referee whohas officiated at the professional or international A-Leveland is actively involved in the instruction of referees atthe professional levelor intemationallevel. The refereerepresentative will be responsible for reviewing gamefilms of any incidents brought to the attention of theCommittee and for referring to the full Committee thoseincidents that warrant further review and discussion. Theplayer representatives shall be retired professionalplayers not associated with any team in the League. TheCommittee shall meet every Tuesday during the Leagueseason, and as otherw:ise convened for any emergencysessions as deemed appropriate by the CEO upon herown initiative or at the request of a DisciplinaryCommittee member.

elan ie . ...__ . . . . .__ _rom: dbor [email protected] [mail to:dbor islow@aol.~6m]e nt: F rid ay , M ay 20,201110:19 AM0: Melan ie F i tzgera ld ; ame@wom ensprosoccer ,comc: [email protected] [email protected] bje ct: R e: A ns we r to m y q ue stio nsat do you mean by ref representative?

e ntv ia B la ckBe rry b y A T&Tt rom: "Melanie Fitzgerald"[email protected]>IREDACTED
mailto:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected]


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ate: Fri, 20 May 201109:41:56 -07000:;[email protected]>c: ; ubject: RE: Answer to ~y questions

he Referee Representative is KimOberle. Conference details areelow:ate: Friday, May 20, 2011ime: 1 T 3PM ETl al -l n: REDACTED

-------------------------------rom: [email protected] [mailto:[email protected]]nt: F riday , May 20, 2011 8:34 AM0: [email protected]: [email protected] [email protected];[email protected] ubject: Re:Answer to my questionso is the rep?

I a message dated 5/20/2011 1 1 :2 9:5 8 A .M _ Eastern Daylight Time,[email protected] ~rites: .et's do the call at 3 eastern; the discipl inary committee rep isvailable then. Melanie wil l set up and send a dial-In.Anne-Marie Eileraasn May 20, 2011, at 8:21 AM, [email protected] wrote:

I kind of lost track when this appeal will be held.Iam in the air around 4 Eastern time for 45minutesDanIn a message dated 5/18/2011 12:32:04 P.M.Eastem Daylight Time,[email protected] writes:

I D an ,ou may appeal any or all ofthe .enalties inthe attached May 12isciplinary notice. We can discussour questions during the appeal,hlch we wil l hear on Friday,May 20,

. nyt ime between noon and 2 pm PST( and 5 pm EST) that works fo r you: ,,;.

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L t us know what time you area ailable.P r the league operat ions manual,a peals hearings last for 15minutes .u less I extend the time. You will havea opportunity to present the basis fory ur appeal including arguments ands pporting facts, and the league .r presentative will set out thea guments and facts In support ofthep nalties. Let us know if you arepanning to make a written submissioni support of your appeal.T e league can address your questionsa out other teams Friday, at thec nelusion of the appeal hearing.

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ur representation of what transpired"o the field is-wrong.Flrst of all ,we hadare seats available than SOO.Second,1. i uded the ability to have seats aroundt e field to meet the 2,500inimum.Please read my emails.I ill addrese the lack of answering allquestions and more in an upcominge aiLlt is still my content ion that thefi Id was in compliance.We did not andd not have enough room to seat morep ople ifwe keep the "fieldat 66y rds.The rule is clear on thiss bject.The problem yo~ have with theles, it does not let you adjust the sizeo the field based on attendance. If itd ,we could have made the field 66y rds.Please read the rules.ereby appeal all penalties assessed

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us and would like to know a goode for you to hear these appeals.

n,you have no reason to be" the dark." Most of yourq estions have been answeredp eviously in e-malls, andany of them can be

a swered by reviewing theo erations manual you andy ur staff have been given onore than one occasion. Fornvenience, however , weve collected those answersa single document, attached.eanwhile, the league's

r quests for information fromt e team havegoneu answered. Pleaseprovide:

our 2011 team budgeteluding expense and revenue

p ojections our 2011ownershipd sclosure (see attached form)

F om: [email protected][ allto:[email protected]]

e you going to answer myq estions or keep me in thed rk?ich part did I not tell theth about? is my latestestion

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Dan

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EXHIBIT 30


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IREDACTED Page 1of8From:Sent:To:Cc:

dborislow@aotcomSaturday, May 21. 2011 11 :54 AM"Anne-Marie Eileraas"; [email protected]@theatlantabeat.com; [email protected]

Subject: Re: Decision on appealI expected nothing less from a bunch of blithering idiots. This will be judged by a higherauthority one dayYour bossDanSent via BlackBerry by AT&T

From: "Anne-Marie Eileraas" Date: Sat, 21 May 2011 11:35:35 -0700 .To: ; Cc: ; Subject: Decision on appealDan,WPS and other professional leagues routinely publish penalties against team staff for detrimental publicstatements, and there is no precedent or basisfor handling this differently.You notified the league of your intent to appeal two violation notices, dated May 12, 2011 and May 18,2011, and a telephonic appeal hearing was conducted on May 20, 2011 at 3 pm EDT. Your primary .arguments in support of your appeal were: (1) the penalties assessedagainst you asan owner were notproper procedurally, including that the WPS Disciplinary Committee may not assesspenalties foranything other than on-field conduct and the League appeal process Isimproper; and (2)your publicstatements as an owner were not detrimental to, and to the contrary are beneficial for, the League.Eachofthose arguments is addressed below.League Authority to Impose Penalties and Hear AppealsThe League's authority to Impose disciplinary penalties stems from ArtIcle V of the League OperatingAgreement. That article grants the chief executive off icer ofthe Leaguethe authority In his or her solediscretion to impose a penalty appropriate to the misconduct against a ClassA member of the Leaguefor violation of League Rules or the Operations Manual (Operating Agreement, Article 5.1). In addition,the chief executive officer of the League may impose a fine, youth-oriented community service, or asuspension upon any person who (I) gives, makes, issues, authorizes or endorses any statement having,or designed to have, an effect prejudicial or detrimental to the best interests ofwomen'ssoccer or of. the League or of a Member or i ts Team (Article 5.2(c)); and (ii) conduct having, or designed to have, aneffect prejudicial or detrimental to the League (Article 5.2(d)}. The Operations Manual additionally givesthe League sole authority to discipline Team staff for major misconduct, including prejudicialstatements, public criticism, and prejudicial conduct. (Operations Manual section 13.1.3)The chief executive officer may carry out this authority by delegating it to the Disciplinary Committee,league personnel, or others, asspeclfled in the Operations Manual:

The responsibili ty and authority to dispense dlsdpllne on behalf of the League resides with theCEO.The CEOmay delegate to certain League bodies, committees, entities or personnel theauthority to impose discipline on the CEO'sbehalf. However, the CEOretains the right to

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increase, lessen , m odify, or overrule the penaltles assessed by the delegate . The term "League" as used in thesese ction s s hall de note the C EO a nd or h er/his des ig nee , e.g . the D isc iplin ary C omm itte e. {O peration s M an ualsection 13.1}

A coach or other non -playing person (such as y ourself) m ay a-ppeal a fine in excess of $250, s us pe ns io n, o r d is mis sa l in, accordance w ith the 'procedure set forth in section 13.4 of the O pe ration s M an ual, w hic h provide s that suc h ap peal s hall'be heard by the C EO . The decision of the C EO constitutes full, fin al, an d c om ple te dis position of the appeal.The M ay 12, 2011 and M ay 18, 2011 d is ci pl in ar y s an ct io ns a nd p en al ti es Imposed against you and the m agicJack team -including the fines, loss of draft picks, suspension, and point deduction - w ere properly assessed. L eague personnel andth e W PS D isc ip lin ary C omm itte e ac te d un de r authority de leg ate d by m e, as L eag ue C EO , a nd im pos ed those pe naltie s inco mplian ce w ith L eag ue rule s, in cludin g the O pe ration s M an ual an d O pe ratin g A gree me nt. B y as sum in g re spon sibilitie sas a m ajority team ow ner and assistant coach in the L eague, you are fully accountable to follow L eague rules and aresubject to L eague discipline for failing to do so. Y ou had the opportunity to appeal pursuant to the procedure set forth insection 13.4 of the O perations M anual, and the league properly follow ed that process in scheduling and hearing thisappeal.Pub li c S t at emen tsW hatever their purported intent, the public rem arks including false statem ents that are the subject of the M ay 18, 2011d is cip lin ary a ctio n a re p re ju dic ial an d d etrim e ntal to th e b es t in te re sts of W PS and the sport of soccer. They harm thereputation and business of the L eague and its em ployees, business partners, and team s (including harm in g your ow nm agicJack team ). F urther, the statem ents in terfere w ith the L eague's prospects am ong Investors, spon sors, the U .S .Soccer Federa t ion , plavers and fans. A s a start-up league, W PS can ill afford the dam age these statem ents have causedand w ill continue to cause. .'.'I n ote that you have failed to attend regular B oard m eetings. If y our true intent is to m ake a constructive contribution toth e su rvivability of the L eag ue , participatin g in m ee tin gs of the B oard an d w orkin g w ith y our partn ers Is the appropriatew ay to do that.The appeal is denied, and the penalties set forth in the M ay 12, 2011 and M ay 18, 2011 n otice s are uphe ld. Y our tw o-g am e s us pe ns io n b eg in s imm ed ia te ly .Anne-Marie Eiler-aas IWomen's Professional SoccerChief Executive Officer'Phone: 415.837.8420 I Fax: 415.553.44591750Montgomery Street I 1st Floor I San Francisco, CA94111www.womensprosoccer .com

From: [email protected] [mallto:[email protected]]Sent: F rid ay , Ma y 20, 20111:49 PMTo: Anne-Mari e Ei le raa s ; [email protected]: fitz@ti1eatlantabeatcomj [email protected]. Subject: R e: A nsw er to m y que stion sO k. W e should try a nd re ac h an u nd erstan din g in ste ad o f d oin g th is p ub lic ly . Iw ill b e av aila ble to ta lk to nig htand to mo rrow afte rn oo n. R ig ht n ow it ap pe ars th at re po rte rs d o n ot k now o f s us pe ns io n.Sent via BlackBeny byA T &T

~.;.

F rom : "An ne -M a rie E ile ra as " < am e@women sp ro so cc er. com>Date: Fri, 20 May 2011 13:34:04 -0700To : ; Cc : < fi tz@ th ea tl an ta be at .c om> ; Subject: RE: A nswe r to my que st io n sD an, thank you for subm itting the below arg um ents in support of your appeal. I w ill re vie w an d is sue a dec ision w ithinthe next day.IREDACTED
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..iAnne-Marie -----_._-----_ _--"_._-_.- . .- ._ _ _ - - - _ . . . . - - .From: [email protected] [mailto;[email protected]]Sent: Friday, May 20, 2011 12:20 PM .To: [email protected] [email protected] [email protected]: [email protected]; [email protected]: Re: Answer to my questionsAMUpon learning of who assessed the penalty including suspending me to an oWner,being that it wasn't you,ls that m.uchmore problematic to your case.You cannot ignore the rules.The D Committee is this instance has no right to asses theserules. .DanIn a message dated 5/2012011 3:17:04 P.M. Eastern Daylight Time, [email protected] writes:AMIfyou were a lawyer,you would know one has to believe in most cases he believes he has done somethingwrong. Ibelieve the comments I made were for the benefit of the league,it's players and the survivability of theleague. The league is in crisis and nobody wants to recognize this grave fact.Iamwill ing to come to a compromise for both our benefit going forward.Right now,l wil l be viewed as a martyrand further success and the more Ws put into the books,will work against what you may be trying to achieve.Wehave the same goal posslbly.wa need to find out.

In a message dated 5/20/20112:58:36 P.M. Eastern Daylight Time, [email protected] writes:Itwe lose the game this Sunday,we will put the game under protest for not allowing me in the technicalarea.DanIn a message dated 5/20/2011 2:55:05 P.M. Eastern Daylight Time, [email protected] writes:You did not have the right to have any penalties assessed against me from this committee,asthere are no game infractions .A game infraction is an event that starts and ends during thegame.Such as foul language, referee assigned penalty. It has a common meaning in sports andFIFA soccer.This committee is not one of my peers eitl'ler.ltwas also lacking the properpersonnel. Lastly,please refer to.my prior emails as any alleged non game infraction against anowner or team was not properly dealt wuith by your own rules. Technically there is nothing toappeal,as any action you have taken to date,particularly my suspension was not done.properlyor with due process.1wil l hold the individuals who want to cause damage to me and the leagueresponsible and seek damages itthis is not halted in it's tracks.DanIn a message dated 5/2012011 2:41:10 P.M. Eastern Daylight Time, [email protected]:This committee isjust for game infractions,l did not have any.What other committee is there for the other infractions you allege?Dan

. " In a message dated 5120/2011 2:35: 16 P.M. Eastern Daylight Time,[email protected] writes:
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected]:[email protected]


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. .. J. . . . .

he referee representative issimply the lead representative of the Disciplinaryommittee. The Discipl inary Committee deals with on-field conduct asyouoint out, plus public criticism of the league and WPS officials (for examplehey imposed the Hope penalties and the Scott warning). You serve a dualole - asa WPS coach, and owner. Kim can speak to the Committee's decisionn the suspension. Melanie will address the other penalties.

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an,

alk to you soon.

rom: [email protected] [mailto:[email protected]]ent: F ri day, May 20, 2011 11:22 AM0: [email protected]; [email protected]: [email protected]; [email protected]: Re : Answer to my questionshis doesn't fit the bill from these type of alleged infractions,particularlytatements made to the press from an owner.This is designed from a players oroach conduct on the field and not on off the field.Not an owner either.Who arehe two players?1 think you are haphazardly going into this and everythinghould be on hold till i t is done proper.

n a message dated 5/20/2011 1:30:00 P.M. Eastern Daylight Time,[email protected] writes:

nne-Marie

ection 13.1.1 of the Operations Manual outlines the structure of thePSDiscipline Committee:

13.1.1 Disciplinary Committee. The League shall havea Disciplinary Committee. The CEO has delegated tothis Committee League disciplinary powers for gameinfractions. The Committee shall be comprised of theManager of. League Operations, . a refereeingrepresentative, and two player representatives. Therefereeing representative shall be a retired refere.ewhohas officiated at the professional or international A-Leveland is actively involved in the instruction of referees atthe professional level or international level. The refereerepresentative will be responsible for reviewing gamefilms of any incidents brought to the attention of the'Committee and for referring to the full Committee thoseincidents that warrant further review and discussion. Theplayer representatives shall be retired professionalplayers not associated with any team inthe League. TheCommittee shall meet every Tuesday during the Leagueseason, and as otherwise convened for any emergencysessions as deemed appropriate by the CEO upon herown initiative or at the request of a DisciplinaryCommittee member .

IREDACTED
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elanierom: [email protected] [mailto:[email protected]]'ent: F riday , May 20, 201110:19 AM0:Melanie Fitzgerald; ame@womensprosoccer .comc: ' f itz@theatlantabeatcom; [email protected]: Re: Answer to m y questions " _at do you mean by ref representative?

entvia BlackBerry by AT&T

rom: "Melanie Fitzgerald"[email protected]>ate: Fri, 20 May 201109:41:56 -07000:;[email protected]>c: ; ubject: RE: Answer to my questionsan:he Referee Representative is Kim Oberle. Conference details areelow:ate: Friday, May 20, 2011Ime: 12PMPT/3PM ET; aHnrEDACTEDccess:elanierom: [email protected] [mail to:[email protected]]ent: F riqay , May 20, 20118:34 AM0: ame@womensprosoccer .comc: f [email protected]; [email protected];[email protected]: Re : Answer to my ques ti onso is the rep?

hat time is fineanI a message dated 5/20/2011 11:29:58 AM. Eastern Daylight Time,[email protected] writes:

et's do the call at 3 eastern; the disciplinary committee rep isvailable then. Melanie will set up and send a dial-in.Anne-Marie Eileraasn May 20, 2011, at 8:21 AM,[email protected] wrote:

I kind of lost track when this appeal wil l be held.1am inthe air around 4 Eastern t ime for 45minutes

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DanIn a message dated 5/181201112:32:04 P.M.Eastern Daylight Time,[email protected] writes:

.u may appeal any or all of thenalt ies in the attached May 12scipl inary notice. We can discussur questions during the appeal,hich we will hear on Friday, May 20,y time between noon and 2 pmPST

[ and 5 pm EST) that works for you.t us know what time you are

a ailable.. .r the league operations manual,

a peals hear.ings last for 15 minutesless I extend the time. You will haveopportunity to present the basis forur appeal including arguments and

s pporting facts, and the leaguer presentative will set out thea guments and facts in support of thenaltles. Let us know if you areanning to make a written submissionsupport of your appeal.e league can address your questions

a out other teams Friday; at thec nelusion of the appeal hearing.

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t e field to meet the 2,500Inimum.Please read myemails.

I ill address the lack of answering allquestions and more in an upcominge ail.!t is still my contention that thefi Id was in Compliance.We did not andd not have enough room to seat morep ople if we keep the field at 66y rds.The rule is clear on thiss bject The problem you have with theles,lt does not let you adjust the sizeo the field based on attendance.!f itd ,we could have made the field 66y rds.Please read the rules.ereby appeal all penalties assessedus and would like to know a goode for you to hear these appeals.

D n, you have no reason to be"I the dark." Most of yourq estions have been answeredp eviously in e-malls, andany of them can be

a swered by reviewing theo erations manual you andy ur staff have been given onore than one occasion. For

c nvenience, however, weh ve collected those answersa single document, at tached.eanwhi le, the league's

r quests for information fromt e team have goneu answered. Please provide:

our 2011 team budgeti eluding expense and revenuep ojections

our 2011 ownershipd closure (see attached form)

F om: [email protected][ ailto:[email protected]]

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Sent: Sa tu rd ay , Ma y 1 4, 2 0 112 :0 2 PMTo: [email protected]@[email protected] .Subject: A nsw er to m yquestionsAre you going to answer myquestions or keep me in thedark?Which part did Inot tell the truthabout? is my latest questionDan

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From: [email protected] [mailto:[email protected]]Sent: Tuesday, M ay 24 , 2011 4 :27 PMT o: A nn e-Ma rie E ile ra asCc : 'Me la nie F itz ge ra ld 'Subject: R e: C ontact w ith Bench_M J vs. W NY FlashDo you have any proofI contacted my bench. Are you a licensed lawyer?Sent via BlackBerry by AT&T

From: "Arine-Marie Eileraas" Date: Tue, 24 May 2011 16:08:55 -0700To: Cc: 'Melanie Fitzgerald'Subject: FW: Contact with Bench_MJ vs. WNY FlashHi Dan,I seeyou are not answering Melanie's question. Did you or did you not contact the bench? If you donot answer the question, then the Disciplinary Committee will haveto make a decision basedon theseveral other, detailed reports provided to the league. You are only hurting your own team, which isunfortunate. They deserve better.From: [email protected] [mailto:[email protected]]Sent: Tuesday, May 24 , 2011 3 :56 PMT o: Mela nie F itz ge ra ldSubject: R e: C ontact w ith B ench_M J vs. W NY FlashDid you hear what I told Y0Q.?Sent via BlackBerry by AT&T

From: "Melanie Fitzgerald" Date: Tue, 24 May 2011 15:36:18 -0700 .To: SUbject: RE: Contact with Bench_MJ vs. WNY FlashDid you contact the bench?From: [email protected] [mailto:[email protected]]

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Sent: Tuesday, May 24, 20113:16 PMTo: Melanie FJtzgeraldSubject: Re: Contact with Bench_MJ vs. WNY FlashA reporter told you that. I didn't break any rules. One more attempt to screw me and the league will be incourt. 'Sent via BlackBerry by AT&T

From: "Melanie Fitzgerald" Date: Tue, 24 May 2011 14:59:15 -0700To: Subject: Contact with BenchMl vs. WNY FlashHi Dan,We have been made aware, that you made communication with the team bench through means of your cellphone and following that communication a substitution [Nikki Marshall] was made at your most recent awaygame in WNY. Did you indeed communication with any person in the technical area by phone, text orotherwise?MelanieMelanie Fitzgerald IWomen's Professional SoccerManager. Leazue OoerationsMain:Fax: 415.553.44591750 Montgomery St. I 1st Floor I San Francisco, CA 94111http://www.woinensprosoccer.commelanie. [email protected]

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HaM 31 11 04:47p Atlanta Beat 770'10265832 p.l

GAME PROTESTG ,ame No. : ~ W u 1 . . 1 . 1 - ~ Q u . 1 9 : l 1 : . - _Visiting Team: '-'A=t la_n: .: .: t:z:a.. .: ;B...~a:=.t --'- _Game Date: May 28. 2011

Home Team: _ m agg:i~cJ.;.:a= ..o::.:.k..... _Game S i t e : _ _ F A ; . . : : : ; U _ _ _

Description of the incident' that is the basis of this protest (name all individuals directlyinvolved and their role, exact Game time, etc.): Coach Dan Borislow was in directviolation of his suspension and thus affected the outcome of the game. His influencedirectly affected the game which can only be resolved by forfeiture.Action Requested: Game to be forfeited by MagicJack. Atlanta Beat awarded a 3-0decision and 3 team Qoints.

Explanation (citing FIFA laws of the Game, WPS rules, etc.): Violation of Section 13.2.1SendwOffs and Dismissals. Part e Syspend~ ~oach and Section 13.1 ",3 MajorMiscondyct ~ Leagu~ Discipline , Part Q Other Conduct

P ro vid e in fo rma tio n on add itio na l s heets if n eoes sa ry , a nd any add itio na l e vid en ce y oufee l w ill be help fu l (wr itten s ta temen ts , v ideo , pho tos, etc.) .'Ji\\Ct" w o . ' : I


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Subject: FW: Protest of ATL-MJ gameAttachments: ATL-MJ protest.pdf-----_._ _ . _ - _ .

From: Anne -Mar ie E lleraas [mai lt o:ame@womensp rosoccer .com]Sent: Thursday, June 02, 20111:12 P MTo: [email protected]: P ro tes t of A TL - MJ gameD an, the league has received the attached protest of last w eekend's m atch. P lease provide m e w ithyour w ritten response as soon as possib le, no laterthan C OB t om orrow .

M an y th an ks ,Anne-Marie Eileraas I Women's Professional SoccerChief Executive Offkpl"Phon 1459 .1750Montgomery Street l ist Floor I SanFrancisco, CA94111www.womensprosoccer.com

7/18/2011
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From: "Anne-Marie Eileraas" [[email protected]]Sent: Thursday. June 09. 2011 12:27 PMTo: [email protected]: "'Melanie Fitzgerald"'; [email protected]; "'Pamela K Fulmer'''Subject: Compliance with. terms of suspensionAttachments: MJ_WPS Disciplinary Notice_Borislow 060911.pdfDear Dan,The Atlanta Beatfiled a GameProtest requesting forfeiture bymagicJackof its May 28, 2011 match, onthe ground that you violated the terms of your suspensionasteam coach.I investigated the facts surrounding compliance with the terms of your suspension, including a review ofthe protest response you provided, statements provided by gameofficials and the league representativepresent at the match, and photos of the areawhere you were seated. After I completed myinvestigation, Atlanta withdrew its protest. However, Atlanta's withdrawal of the protest does notimpact my authority to impose discipline for violation of league rules.It is clear that your appearance on field level on game day demonstrated a blatant disregard for leaguerules and for the terms of your suspension. Apparently the magicJackstaff installed new field-level VIPseating near the player bench for this game in order to seat you at field level. (Theseating was initiallyso close to the field of playas to havecreated a safety issuenoted by the officials, which iswhy they. directed that the seats be moved back.) However, neither you nor anyone elsefrom your team checkedwith the Leaguein advanceto ensure that suchseating would meet the requirements for locating asuspended coach. The rules are clear that a suspended coach may not appear on field level at any timeon game day [Operations Manual, section 13.2.1.E). Besideslocating the VIP section on field level, youremained on field level after the game, interacting with players near the bench area and where playerswere signing autographs.Failure to comply with Leaguerules is defined asmajor misconduct under the League'sOperationsManual, asa failure to actin the best interest of WPS (Operations Manual, section 13.1.3.P). For this,you are suspended from serving asa team coach or in any technical capacity inWPS for three games,effective immediately. During that suspension, you are specifically instructed not to appear at fieldlevel or enter the team locker room at any time on game day, and to refrain from any form ofcommunication whatsoever with the bench, players or technical staff during and at the halftime ofgames. Ifyou chooseto attend those games,you must beseated in a reserved area approved inadvance by the League. Inaddition, you will befined $5,000. If the Leaguebecomes aware of anyviolation of the terms of your suspension, team standings points will be deducted, and you will bepermanently dismissed from serving in a technical capacity within WPS.A formal notice of disciplinary action isattached.Anne-Marie Elleraas IWomen's Professional SoccerChief EvarllHvp OffirprPhone:1750Montgomery Street I tst Roor I SanFrancisco, CA94111www.womensorosoccer.com

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.~.'"::-....

Sent: V ia emailD ate: T hursday, June 0 9, 20 11Re: Decision by WPS CEO

NOTICE OF DISCIPLINARY ACTIONDear Mr. Borislow,T hi s c ommu ni ca ti on is t o i nfo rm y ou t hat t he CEO i nv es ti ga te d t he f ac ts s urr ou nd in g y ou r c omp li an ce w it h y ou rs us pe ns io n a s c oa ch o f t he mag ic Ja ck t eam , i nc lu di ng w it ho ut l im i ta ti on you r r es po ns e t o A t la nt a's p ro te st ,s ta tem en ts p ro vid ed b y g ame o ff ic ia ls a nd t he l eag ue re pre se nta tiv e p re se nt at t he ma tc h, a nd p ho to s o f t h e ar eawher e you we re s ea te d. Th e a pp li ca bl e Lea gu e r ul es a re ( empha si s a dd ed ):Section 13.2.1E ofth e L eag ue O peration s M an ual

-,:--,,\. -.~! S uspe nde d C oac h. A ny C oac h se rv in g a G am e su spe nsio n m ay n ot e nte r h er/h is T eam 's lo cke r ro om p rior, to an d d urin g h alftim e as w ell as po st- gam e. ~ Th eC oac h m ay n ot app ear o n fie ld lev el at an y tim e on g am e~ . She/he m ay not sit in the Press Box or grandstands, T he C oac h m ay be se ate d in a priv ate s uite o rT eam -p ro vi de d re se rv ed s ec tio n. T he Coa ch ma y n ot h av e a ny c ommu nic ati on w it h th e b en ch d ur in g t heg ame , i nc lu di ng c ommun ic at io n b y c el l p ho ne , emai l, o r a ny o th er me an s o f e le ct ro ni c c ommun ic at io n.

Section 13.1.3.P o f the L eag ue O pe ratio ns M a nu al:F ailure to A ct in the B est Interest ofW PS . F ail, in the opin ion of the L eag ue, to act in the best interest ofWP S o r a T eam , in clu din g b ut n ot lim ite d to failure to c om ply w ith th e ru les an d p ro ced ure s ofWPS an dd ir ec ti ve s o ft he Le ague ; f ai lu re t o f ul fi ll o ne 's c on tr ac tu al o bl ig at io ns t o WPS ; f ai lu re t o r ep or t i nc id en ts o fm is co nd uc t k nown t o th e i nd iv id ual ; o r th e m i sre pre se nt ati on o f a ny ma te ri al fa ct t o th e L ea gu e o r a T eam

G iv en t he a bo ve , t he WPS CEO h as th e t ak en t he fo ll ow in g d ec is io n re ga rd in g t he ma tte r:1. You s ha ll be s us pe nd ed from s erv in g as a team c oa ch o r i n a ny te ch ni ca l c ap ac ity i n WPS f or th re e me so

e ffe cti ve imme dia te ly . D uri ng t ha t s us pe ns io n, y ou a re s pe cif ic all y i ns tr uc te d n ot t o ap pe ar a t f ie ld le ve lor en ter th e team loc ke r ro om at an y tim e o n g am e.d ay , an d to re frain fro m an y form of commun ic ationwhatsoever with th e b en ch , p lay ers o r te clu iic al s ta ff'd ur in g an d a t th e h al ft im e o f g ame s. I f y o u c ho os e t oa tt en d t ho se g ame s y ou mu st b e s ea te d i n a re se rv ed a re a a pp ro ve d in a dv an ce b y t he L ea gu e.

2. I n a dd iti on y ou w ill b e f in ed $5,000. Any v i6 la ti on o f t h e te rm s o f y ou r s us pe ns io n w il l r es ul t i n ad educ ti on o ft eam s ta nd in g s p oi nt s a nd you r p erman e nt d ism is sa l f rom s er vi ng i n a t ec hn ic al c ap ac it yw it hi n WPS .


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From:Sent:To:

[email protected], June 09, 2011 1:29 PM"Anne-Marie Elleraas"

Cc: "'Melanie Fitzgerald"'; [email protected]; "'Pamela K Fulmer'"Subject: Re: Compliance with terms of suspensionI was not at field level or on the field and you will be getting sued.The rules require for me to beseparated from the fans and in a separate section. Where do you propose that would have been? .There is no other place where lour stadium. This all stems from an illegal suspension in the firstplace. Iequest an appeal which Inow is fruitless because you are an idiot.I wil fire you soon enough, Are you a licensed lawyer or not and when did you take your recenttests. You are nothing more than a fraud and incompetent.DanSent via BlackBerry by AT&T

From: "Anne-Marie Eileraas" Date: Thu, 9 Jun 2011 12:27:27 0700To: Cc: 'Melanie Fitzgerald'; ;'Pamela K Fulmer'- "\ Subject: Compliance with terms of suspension)Dear Dan,The Atlanta Beat filed a Game Protest requesting forfeiture by magicJack of its May 28, 2011 match, onthe ground that you violated the terms of your suspension as team coach.

I investigated the facts surrounding compliance with the terms of your suspension, including a review ofthe protest response you provided, statements provided by game off icials and the league representativepresent at the match, and photos of the area where you were seated. After I completed myinvestigation, Atlanta withdrew its protest. However, Atlanta's withdrawal of the protest does notImpact my authority to impose discipline for violation of League r.ules.It is clear that your appearance on field level on game day demonstrated a blatant disregard for leaguerules and for the terms of your suspension. Apparently the magicJack staff installed new field-level VIPseating near the player bench for this game in order to seat you at field level. (The seating was initiallyso close to the field of playas to have created a safety issue noted by the officials, which is why theydirected that the seats be moved back.) However, neither you nor anyone else from your team checkedwith the League in advance to ensure that such seating would meet the requirements for locating asuspended coach. The rules are clear that a suspended coach may not appear on field level at any timeon game day (Operations Manual, section 13.2.1.E). Besides locating the VIP section on field level, youremained on field level after the game, interacting with players near the bench area and where playerswere signing autographs. .

\ Failure to comply with league rules is defined as major misconduct under the League's OperationsManual, as a failure to act in the best interest of WPS (Operations Manual, section 13.1.3.P). For this,you are suspended from serving as a team coach or in any technical capacity in WPS for three games,IREDACTED
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." :.~.effective immediately. During that suspension, you are specifically instructed not to appear at field level orenter the team locker room at any time on game day, and to refrain from any form of communicationwhatsoever with the bench, players or technical staff during and at the halftime of games. If you choose toattend those games, you must be seated in a reserved area-approved in advance by the League. In addition, youwill be fined $5,000. If. the League becomes aware of any violation of the terms of your suspension, teamstandings points will be deducted, and you will be permanent.ly dismissed from serving in a technical capacitywithinWPS.A formal notice of disciplinary action is attached.Anne-Marie Eileraas IWomen's Professional SoccerChief Executive OfficerPhone:1750 Montgomery Street I 1st Floor I San Francisco, CA 94111wwwwomensprosoccer.com

--\, :

-:\J

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i R E D A C T E D

From:Sent:To:

DBORISLOW@aol .comThu rsda y, A p ri l 28, 2011 7:12 AMDBORISLOW@aol .com; Ihardcast [email protected]

Cc: ame@womensprosoccer .com; f johnsonegi@gmail .com; [email protected] bject: R e: C ure N otice P ursua nt to Artic le 2 .4 of O peratin g Agree ment of W om en 's S oc ...LisaF urthe r, in case the re w as an y m isu nderstanding o f w hat I just w rote.you are on no tice of the team s, thegovem ors,your law firtn,th e league staff and the le ague of getting sued.Ple ase m ake sure alle ma ils ,le tte rs a nd o th er p os sib le e vid en ce in clu din g c orre sp on de nc e to re po rte rs ,o ne a no th er e tc a rep ro pe rly re ta in ed a nd s to re d. If a ny th in g is d es tro ye d fro m th is p oin t o ut,l w ou ld a dv is e a ll th es e p eo plew hat the con seq uences are.DanIn a m essa ge dated 4/28/2011 9:59:04 AM. E as te rn Day lig ht T im e , DBORISLOW@aol .com writes:LisaIave re spo nded to m any o f the se issues w ith the le ague alrea dy.A num ber of the issues are caused by the league or the rules are being follow ed and Iwouldth ere fo re su gg es t th e le ag ue is in v io la tio n o f it's o wn ru le s a nd pOlic ie s.F urth er,m an y ru le s a reno t follow ed b y the le ague or the team s and th is w ould suggest w e are being discrim in atedupon.If you w ant to threa ten m e w ith league s.uspension and there a re no cures ava iiable,l w ouldsuggest we just call it a day now .Iw ill further sue the le ague for all irss he na nig an s,in compe te nc e,d is crim in atio n a nd p ay in g o f th e p la ye rs c on tra cts a nd in ve stme ntI have m ade to date.I h ave never se en a bill and m y answ ers a bout fina nce s and potential future bills gou na ns we re d.1 c an 't o pe ra te in a v ac uum.I awa it y ou r immed ia te re sp on se .D a n

In a m essage dated 4/25/2011 7:51:06 P .M . E as te rn Day lig ht T im e ,Ihardcast [email protected] writes:

Mr . Bo ri sl ow ,A tta ch ec t p le as e fin d th e C ure N o~ ce P urs ua nt to A rticle 2 .4 o f O pe ra tin g A gre em en tof W om en's Soccer LLC faxed to you today.T ha nk y ou ,L isa He rdcasne

L is a H ar dc astle A ss is ta nt to A rth ur S . B !l8 ma n. P am ela K . F ulm er.I ~ Nathaniel P. Garrett. N a n d " l r I i (yeT and Ly z Evans~ 555 California S~et. 2~th Roor San Francisco, CA 94104-1500DIRECT (415) 875-5790 FAX (415) 875-5700 [email protected]

L ~ R _ E _ D _ A _ C _ T _ E _ D ~ I

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- - - - - - - - - -- - - - - - - - -This e -m a il (in clu din g a ny a tta chme nts ) m ay c on ta in in fo nn atio n th at is p riv ate , c on fid en tia l, o rp ro tec ted b y a tto rn ey -clie nt o r o th er p rivile ge , If yo u re ce ive d th is e -m ail in e rro r, p le ased ele te it fro m yo ur s yste m w ith out c op yin g it and notify sender by reply e-m ail, so that ourrecords can be corrected. . .- - - - - - - - - -- - - - - - - -

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j . _ _ _ _ _ R E D A C T E D_-----Jl-From:Sent:To:Cc:

"Anne-Marie Eileraas" [[email protected]]Friday, May 20, 2011 1 :34 [email protected]; [email protected]@theatlantabeat.com; [email protected]: RE: Answer to my questions

Dan, thank you for submitting the below arguments in support of your 'appeal, I will review and issue adecision within the next day.Anne-MarieFrom: [email protected] [mallto:[email protected]]Sent: Friday, May 20,201112:20 PMTo: [email protected] [email protected] [email protected]: [email protected] [email protected]: Re: Answer to my questionsAMUpon learning of who assessed the penalty including suspending me to an owner,being that itwasn'tyou,is that much more problematic to your case.You cannot ignore the rules.The D Committee is thisinstance has no right to asses these rules.DanIn a message dated 5/20/20113:17:04 P.M. Eastern DaylightTime, [email protected]:AMIf you were a lawyer,you would know one has to believe in most cases he believes he has donesomething wrong.1 believe the comments I made were for the benefit of the league,it's playersand the survivabili ty of the league.The league is in crisis and nobody wants to recognize thisgrave fact.I am wil ling to come to a compromise for both our benefit going forward. Right now,1will beviewed as a martyr and further success and the more Ws put into the books,wil l work againstwhat you may be trying to achieve.We have the .same goal possibly,we need to find out.

Ina message dated 5/20/2011 2:58:36 P.M. Eastern Daylight Time, [email protected]: .If we lose the game this SundaY,we will put the game under protest for not allowing mein the technical area. .Dan 1In a message dated 5/20/20112:55:05 P.M. Eastern Daylight Time,[email protected] writes:You did not have the right to have any penalties assessed against me from thiscommlttee.ae there are no game infractions .A game infraction is an event thatstarts and ends during the game.Such as foul language, referee assignedpenalty.It has a common meaning in sports and FIFA soccer.This committee is.not one of my peers elther.!t was also lacking the proper personnel.LastlY,please refer to my prior emalls as any alleged non gameinfraction against an owner orteam was not properly dealt wuith' by your ownrules. Technically there is nothing to appeal, as any action you have'taken todate,particularly my suspension was not done properly or with due process.1will hold the individuals who want to cause damage to me and the league

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esponsible and seek damages if this is not halted in it's tracks.

n a message dated 5/20/2011 2:41:10 P.M. Eastern Daylight Time, DBORISLOW@aoLcomrites:his committee is just for game infractions,1 did not have any.at other committee is there for the other infractions you allege?

n a message dated 5/20/2011 2:35:16 P.M. Eastern Daylight Time,[email protected] writes:

he referee representative Issimply the lead representative of theisdplinary Committee. The Disciplinary Committee deals with on-fieldonduct asyou point out, plus public crit icism of theleague and WPS officialsfor example they imposed the Hope penalties and the Scott warning). Youerve a dual role - as aWPS coach, and owner. Kim can speak to theommittee's decision on the suspension. Melanie will address the otherenalties.

rom: [email protected] [mailto:[email protected]]ent: FridaYIMay 20/201111:22 AM0:[email protected]; [email protected]: [email protected]; [email protected]: Re: Answer to my questionshis doesn't fit the bill from these type of alleged infractions,particularlytatements made to the press from an owner. This is designed from a playersr coach conduct on the field and not on off the field.Not an owner either.Whore the two players?1 think you are haphazardly going into this and everythinghould be on hold till it is done proper.

n a message dated 5/2012011 1:30:00 P.M. Eastern Daylight [email protected] writes:

ection 13.1.1of the Operations Manual out lines the structure of thePS Discipline Committee:

13.1.1 Disciplinary Committee. The League shall havea Disciplinary Committee. The CEO has delegated tothis Committee League disciplinary powers for gameinfractions. The Committee shall be comprised of theManager of League Operations, a refereeingrepresentative, and two player representatives. Therefereeing representative shall be a retired referee who

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has officiated at the professional or international A-Leveland is actively involved in the instruction of referees atthe professional level or international level. The refereerepresentative will be responsible for reviewing gamefilms of any incidents brought to the attention of theCommittee and for referring to the full Committee thoseincidents that warrant further review and discussion. Theplayer representatives shall be retired professional playersnot associated with any team in the League. TheCommittee shall meet every Tuesday during the Leagueseason, and as otherwise convened for any emergencysessions as deemed appropriate by the CEO upon her owninitiative or at the request of a Disciplinary Committeemember.

rom: [email protected] [rnailto:[email protected]]ent:. F riday , May 2 0, 2 01 110 :1 9 AM0: Melanie Fitzgerald; ame@womensprosoccer .comc: f [email protected]; [email protected]: Re : Answer to my questions .at do you mean by ref representative?

en t via BlackBerry by AT&T

rom: "Melanie Fitzgerald"[email protected]>ate: Fri, 20 May 2011 09:41:56 -07000:;[email protected]>c: ; ubject: RE: Answer to my questions

he Referee Representative is Kim Oberle. Conference details areelow:ate: Friday, May 20, 2011ime: 12PMPT/3PM ETial-in: IREDACTEDccess:rom: [email protected] [mail to:[email protected]]nt: F riday , May 20, 2011 8:34 AM0: ame@womensprosoccer .com: [email protected]; [email protected];[email protected]: Re: A nswe r to m y q ue stio nso is the rep?
mailto:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected];mailto:[email protected]:[email protected]:[email protected];mailto:[email protected];mailto:[email protected]:[email protected]:[email protected]:[email protected];mailto:[email protected]:[email protected]


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.l

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I a message dated 5/20/2011 11:29:58 A.M. Eastern Daylight Time,[email protected] writes:et 's do the call at 3 eastem; the disciplinary commit tee rep isailable then. Melanie wil l set up and send a dial-in.

- Anne-Marie Eileraas

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hat time is fine

n May 20,2011, at 8:21 AM, [email protected]:I kind of lost track when this appeal will be held. lam in the air around 4 Eastern time for 45minutesDanIna message dated 5/18/201112:32:04 P.M.Eastem Daylight Time,[email protected] writes:

i Dan,C ? U may appeal any or all of theenalties in the attached May 12isciplinary notice. We can discussour questions during the appeal,hich we will hear on Friday, May 20,ny time between noon and 2 pm PST( and 5 pm E S T ) that works for you.t us know what time you arevailable.er the league operations manual,ppeals hearings last for 15 minutesnless I extend the time. You will haven opportunity to present the basis forour appeal including arguments andpporting facts, and the leaguepresentative will set out the .rguments and facts in support of theenalties. Let us know if you arelanning to make a written submissionI support. of your appeal.he league can address your questionsbout other teams Friday, at thencluston of the appeal hearing.any thanks,nne-Marie

rom: [email protected]:[email protected]]ent: Mond ay , M ay 1 6, 2 011 1:18 PM0:[email protected];
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REDACTED

ur representation of what transpiredo the field is wrong.First of all,we hadore seats available than 500.Second,1i luded the ability to have seats aroundt e field to meet the 2,500inimum.Please read my emaits.I illaddress the lack of answering allquestions and more in an upcominge ail.lt is still my contention that thefi Id was in compliance.We did not andd not have enough room to seat morep ople if we keep the field at 66y rds.ihe rule is clear on thiss bject.The problem you have with ther les.it does not let you adjust the sizeo the field based on attendance. If itd ,we could have made the field 66y rds.Please read the rules.ereby appeal all penalties assessedus and would like to know a goode for you to hear these appeals.

D n, you have no reason to be" the dark." Most of yourq estions have been answeredp eviously in e-rnalls, andany ofthem can be

a swered by reviewing theo erations manual you andy ur staff have been given onore than one occasion. For

c nvenience, however, weh ve collected those answersa single document, attached.eanwhile, the league's

r quests for information fromt e team have goneu answered. Please provide:


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- .

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our 2011 team budgetIn ludlng expense and revenueojections

our 2011 ownershipI closure (see attached form)

e you going to answer myestions or keep me in therk? .ich part did I not tell the truthout? is my latest question

On


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From:Sent:

[email protected], June 09, 20111:29 PM

To: "Anne-Marie EJleraas"Cc: "'Melanie Fitzgerald"'; [email protected]; "'Pamela K Fulmer'"Subject: Re: Compliance with terms of suspensionI was not at field level or on the field and you will be getting sued.The rules require for me to beseparated from the fans and in a separate section. Where do you propose that would have been? 'There is no other place where lour stadium. This all stems from an illegal suspension in the firstplace. I request an appeal which I know is fruitless because you are an idiot.I wi1 fire you soon enough. Are you a licensed lawyer or not and when did you take your recent'tests. You are nothing more than a fraud and incompetent.DanSent via BlackBerry by AT&T

From: "Anne-Marie Eileraas" Date: Thu, 9 Jun 2011 12:27:27 -0700 'To: Cc: 'Melanie Fitzgerald'; ;'Pamela K Fulmer'Subject: Compliance with terms of suspensionDear Dan,The Atlanta Beat filed a Game Protest requesting forfeiture by magicJack of its May 28, 2011 match, onthe ground that you violated the terms of your suspension as team coach.I investigated the facts surrounding compliance with the terms of your suspension, including a review ofthe protest response you provided, statements provided by game officials and the league representat ivepresent at the match, and photos of the area where you were seated. After I completed myinvestigation, Atlanta withdrew its protest. However, Atlanta's withdrawal of the protest does notimpact my authority to impose discipline for violation of League rules.It is clear that your appearance on field level on game day demonstrated a blatant disregard for leaguerules and for the terms of your suspension. Apparently the magicJack staff installed new field-level VIPseating near the player bench for this game in order to seat you at field level. (The seating was initiallyso close to the field of playas to have created a safety issue noted by the officials, which is why theydirected that the seats be moved back.) However, neither you nor anyone else from your team checkedwith the League in advance to ensure that such seating would meet the requirements for locating asuspended coach. The rules are clear that a suspended coach may not appear on field level at any timeon game day (Operations Manual, section 13.2.1.E). Besides locating the VIP section on field level, youremained on field level after the game, interacting with players near the bench area and where playerswere signing autographs. 'Failure to comply with League rules is defined as major misconduct under the League's Operat ions

; , Manual, as a failure to act in the best interest of WPS (Operations Manual, section 13.1.3.P). For this,you are suspended from serving as a team coach or in any technical capacity in WPS for three games,

rEDACTED
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.... :.>

effective immediately. During that suspension, you are specifically instructed not to appear at field level orenter the team locker room at any time on game day, and to refrain from any form of communicationwhatsoever with the bench, players or technical staff during and at the halftime of games. If you choosetoattend those games,you must be seated in a reserved areaapproved in advance bythe League. In addition, youwill befined $5,000. If.the league becomes aware of any violation of the terms of your suspension,teamstandings points will be deducted, and you will be permanent.ly dismissedfrom serving in a technical capacitywithinWPS.A forma.' notice of disclpllnarv action isattached.Anne-Marie Eileraas I Women's Professional SoccerChief Executive OfficerPhone: 415.837.8420 I Fax: 415.553.44591750 Montgomery Street I 1st FLoor I San Francisco, CA 94111www.womensprosoccer.com

\ , ,

IREDACTED
http://www.womensprosoccer.com/http://www.womensprosoccer.com/


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. . . . . . . Subject:From:To :Cc:

R e: Fw : O perating Agreem ent Artic le 13.1 Notice of H earing - 'signedDan Borislow ' 06/15/2011 0 8:5 2 P Mpkfulmerarne, fitz, Ihardcastle

I am willing to meet on al issues in an informal mediation.! amunwilling to go through a bullshit he.azLnq on July 15 without goingthrough mediation first and then go through formal mediation.if this isnot acceptable,I wil be taking an action in court on this fraudulentinducement and the league trying to, steal valuable assets.! am alsowilling to come to an agreement on how we can both conduct ourselvesuntil the end of the season while we wait for mediation in case wecannot resolve this informally.The first suspension was way outside therules and the second is just totally ridiculous.! suggest Pam is in thehearing to hear how wrong this suspension was.lastly,I would suggestthe owner of Boston be involved in the mediation,as I know how smart abusinessman he is and I would be willing to do this in Boston if needbe.I have never discussed this with him and have never met him.It wouldbe good to have someone with a vested interest involved.D an ie l B or is lo w

- -- -- Or ig in al M es sa ge -- -- -From: Pamela K Fulme r To: [email protected]: [email protected]; [email protected];[email protected]: Wed, Jun 15, 2011 6:09 pmSubject: Re: Fw: Operating Agreement Article 13.1 Notice of Hearing -signedDear Mr. Boris10w,We disagree with your statements below that the League has defraudedyouor is in breach of any of its agreements with you or with the'Team.Regardingyour assertion that the League somehow fraudulently inducedyou to jointhe League, this is nonsense. Instead, it was you thatrespondedto the washington Freedom's search for an additionalinvestor--the Leaguedid not contact you or negotiate with you directly.Moreover, andas we have pointed out to you in our previouscor respondence, it is theTeam that has breached its duties to theLeague and the Team that is liableto the League for the damages causedby these breaches and your other wrongfulacts.Please be advised that the League intends to comply with itscontractual obligations for dispute resolution, including submitting anydisputes that c annot be informally resolved with you and the Team tobinding arbitratlonin accordance with the Operating and LLC Agreements.Article 12 of the LLC Agreement provides that prior to the filing ofany such arbitrationproceeding, the parties shall meet informally toattempt to negotiate aresolution of the dispute. If these informalnegotiations fail toresolve the issue, the parties then agree to try toreach an agreementthrough a confidential mediation. If any dispute isstill not resolvedwithin 15 days after the confidential mediation.occurs, then any partycan initiate an arbitration proceeding inaccordance with the CommercialRules of the American ArbitrationAssociation. Please seeOperatingAgreement at Article 13.3(d) and LLC
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This e-mail (including any attachments) may contain information thatisprivate, confidential, or protected by attorney-client or otherprivilege. If you received this e-mail in error, please delete it fromyoursystem without copying it and notify sender by reply e-mail, sothat ourrecords can be corrected. .

This e-mail (including any attachments) may contain information thatisprivate, confidential, or protected by attorney-client or otherprivilege. If you received this e-mail in error, please delete it fromyoursystem without copying it and notify sender by reply e-mail, sothat ourrecords can be corrected. .


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From:To :Cc:Subject:Date:

Dan Bor is [email protected],com: [email protected]; Ihardc;astie@JonesDav,comRe : O pe ra tin g A gr eemen t A rt id e 13,1 N otic e o f H ea rin g - s ig ne dWednesday, J une 15,201111:17:36 PM

Anne-MarieT his suspension is so w rong and .can only be described as beingvin dictlve.JiII w as the re a nd w ould h ave se en w e on ly h ave b le ach ers onthe grass for seating.I asked her if it was OK W here I wassitting.There w as no other place to sit to be seated in an area awayfrom the fans and others.You m ention I was w ith m y players w ho weresig ning a uto grap hs afte mthe game .T he re is n o p roh ib ition a fte r th egam e other than potentia lly being on the fie ld .! asked Jill again andshe said I would stay off the field.I did.The referee th ing. is a nonissue as sheasked m e to do som ething and I d id exactly w hat she askedm e to do.W e w ent over the rules together before the gam e.W e don't havea stadium per se.The area I w as sitting is on is not at fie ld level,butbelow it,but even if it w as,there is no other place to sit and m eet therules w here w e play. Y ou could not recommend a better place and it's notm y duty to ask anybody else,but I asked Jill anyw ay and the referee.ifollow ed the rules and should not be penalized for doing so.as therenever w ill be a rew ard for getting anyth ing accom plished and agreedupon for doing the right thing.You never had the right to suspend m eunder section 13 for m ore than one gam e at best if at a ll,and youshould review the rules to confirm I am right.S o I should never. haveb ee n su spe nde d fo r tha t se con d g am e a nyw ay.I w ill agree to m ediate inform ally and see if w e can work things out.Ifw e cannot w e should enter into form al m ediation.! w ill not agree to no tsue you if we cant w orks things out in m ediation.! w ill further notagree to give up any of m y rights.!f you sincerely w ant to start to fixth is re lationship and do w hat is right for the Ieaq ue.w e should bothimme adiatly s ta rt w ith c om pro misin g on ce rtain issu es. I w ould S ta rtw ith willing to donate the fine m oney to a charitable cause or a fundfor injured players on behalf of the league.! w ould hope you w ouldgra nt th e a pp ea l a s you s ho uld.W e can ta lk tomorrow if you w ish and see if we can live with oneanother till the end of the season at least.! do not want to cost theleague and m ost of the owners so m uch m oney it cannot survive andcom plete ly sour their taste w here they don't w ant to continue next year.DanDan ie l Bor is low

- - -- -O ri gi na l Me ss age- -- - -F rom: Anne-Ma rie E i le raas To: Dan Bor ls low Cc: pkfu [email protected] [email protected] ;[email protected] Sent: Thu, Jun 16, 2011 12 :37 amS ubjec t: R e: O pe rating A greeme nt A rticle 1 3.1 N otic e of H ea rin g - sign edDan,
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.\ Outside counsel for the league does not attend routine disciplinaryappeals. However, if you want to bring a representative of your own tothe appeal, you may do so. let me know if you will be bringing someoneto the call tomorrow.On the completely separate topic of the July 15 termination hearing,that is optional, if you want it. If you'd prefer to proceed throughthe dispute resolution process set out in the governing agreementswithout such a hearing, that would be acceptable to the league.- Anne-Marie EileraasOn Jun IS, 2011, at 8:52 PM, Dan Borislow wrote:>> I am willing to meet on al issues in an informal mediation. I amunwilling to go through a bullshit hearing on July 15 without goingthrough mediation first and then go through formal mediation.if this isnot acceptable,I wi! be taking an action in court on this fraudulentinducement and the league trying to steal valuable assets.! am alsowilling to come to an agreement on how we can both conduct ourselvesuntil the end of the season while we wait for mediation in case wecannot resolve this informally.The first suspension was way outside therules and the second is just totally ridiculous.I suggest Pam is in thehearing to hear how wrong this suspension was.lastly,I would suggestthe owner of Boston be involved in the mediation,as I know how smart abusinessman he is and I would be willing to do this in Boston if needbe.! have never discussed this with him and have never met him.It wouldbe good to have someone with a vested interest involved.> Daniel Borislow>>> -----Original Message-----> From: Pamela K Fulmer > To: [email protected]> Cc: [email protected]; [email protected];[email protected]> Sent: Wed, Jun 15, 2011 6:09 pm> Subject: Re: Fw: Operating Agreement Article 13.1 Notice of Hearing -signed>> Dear Mr. Borislow,>> We disagree with your statements below that the league has defraudedyouor is in breach of any of its agreements with you or with the Team.Regardingyour assertion that the league somehow fraudulently inducedyou to jointhe league, this is nonsense. Instead, it was you thatrespondedto the Washington Freedom's search for an additionalinvestor--the leaguedid not contact you or negotiate with you directly.Moreover, andas we have pointed out to you in our previouscorrespondence, it is theTeam that has breached its duties to theLeague and the Team that is Iiableto the league for the damages causedby these breaches and your other wrongfulacts.>.> Please be advised that the league intends to comply with itscontractual obligations for dispute resolution, including submitting anydisputes thatcannot be informally resolved with you and the Team tobinding arbitrationin accordance with the Operating and LLCAgreements.Article 12 ofthe LLC Agreement provides that prior to the filing of
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any such arbitrat ionproceeding, the parties shall meet informally toattempt to negotiate aresolution of the dispute. If these informalnegotiations fail toresolve the issue, the parties then agree to try toreach an agreementthrough a confidential mediation. If any dispute isst ill not resolvedwithin 15 days after the confidential mediationoccurs, then any partycan initiate an arbitrat ion proceeding inaccordance with the Commercial Rules of the American ArbitrationAssociation. Please see OperatingAgreement at Article 13.3(d) and LlCAgreement at Art icle 12.>> Pamela K. Fulmer (bio)>> 555 California Street 26th floor> San Francisco, CA . 94104>> Phone> Fax (415) 963-6870> [email protected]>>>>From:[email protected]:[email protected]:[email protected]> om, [email protected],[email protected]:06/14/201101:15 PMSubject:Re: Fw: Operating Agreement Article 13.1 Notice ofHearing - signed>>>> I consider this and many other actions theleague and certainindividuals a breach of agreements we have withthe league.We will betaking a separate action.It is also safe to assumethat we believe theleague has committed fraud when it enticed us to makean investement.>> We would be willing to bind to arbitrationfor all these matters underthe right circumstances.>> Please let me know if this is acceptablebefore we both start spendingmoney on legal fees.>> Fitz,your a poor loser and even a worse winner.Youtreat your playerslike indentured servants and it shows.Your not foolinganybody.How theleague and players put up with this,is disgusting.>> Dan>> In a message dated 6/14/2011 3:21:20 P.M.Eastern Daylight Time,[email protected] writes:>> At the request of Ms. Fulmer, attached please find the OperatingAgreementArticle 13.1 Notice of Hearing. A copy will follow viafacsimile.>> Thank you. Usa Hardcastle .Assistant to Pamela K. Fulmer,> Nathaniel P. Garrett, Nandini Iyer and Ly z Evans 555 CaliforniaStreet .26th Floor .San F ra nd sco , C A 94104-1500> DIRECT (415) 875-5790 .FAX (415) 875-5700 [email protected]>>
mailto:[email protected]:From:[email protected]:[email protected]:[email protected]:[email protected],[email protected]:06/14/2011mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected],[email protected]:06/14/2011mailto:From:[email protected]:[email protected]:[email protected]:[email protected]


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EXHIBIT 36


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IREDACTED

From: Anne-Marie Eileraas [[email protected]]Sent: Saturday, July 09~201110:18 AMTo: [email protected]: [email protected];Fulmer, Pam; Jennifer HitchonSubject: Re: Re:

No.It will be investigated. You may submit a response including whatever privilege claims you may have.- Anne-Marie EileraasOn Jul9, 2011, at 12:58 PM, [email protected] wrote:

Anne MarieIent you an email earlier and expect you to destroy confidential and privileged materialyou might have received. Ido not know a single member of our team that stands behind thatgrievance and expect that our players will drop out of the union if they are in fact part of it.DanSent via BlackBerry by AT&T

From: "Anne-Marie Eileraas" Date: Sat, 9 Jul2011 10:16:10 -0400To: 'Dan Borislow'Cc: ; 'Fulmer,Pam'; 'Jennifer Hitchon'Subject: RE: .Dan,

The le ague re ce ive d a g rie va nce file d b y t he WPSRayer s Unio n, whic h was ce rtifie d a ndre co gn ize d ~ th e o ffiC ia l re pre se nta tiv e o f WPSpla ye rs . We a re in ve stig atin g it a nd e xpec t y ou rfull c oope ra ti on w it h the in vesti ga tion.

Anne-Marie

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. 7'~\. ;.:i

From: Dan Bori sf ow [mai ft o: dbo ri sf ow@ao l. com]Sent: S aturday, July. 0 9,2 011 5 :2 8 A MTo: ame@womensprosoccer .comSubject:

Y ou m ay have in your possession privileged and confidentia l em ails sent to you by a supp osedunion of the players.l dem and that you destroy any of these m atenals.You w ill a lso see on a coverle tte r,in fo rm atio n th e WPS m ig ht h av e s ha re d a t th e d etrim en t o f m y te am a nd in ve stm en t,th in gsthey should not have shared. Ido not believe this lette r w as sent by the true representatives of m yteam and should be disregarded before any further dam age is done caused by the loose lips ofsom eone w ith in the W PS and a w ayward agent and his disciples.

I do not believe one player of m ine will s ta nd b eh in d th at le tte r. T he a cc us atio ns a nd a lle ga tio ns a refalse.Dan

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EXHIBIT 37


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\W P S P L : \V E R S

u n Ion

Via electronic mailJuly 8, 2011Anne-Marie Eileraas, CEOWomen's Professional Soccer1750Montgomery Street, 1st FloorSan Francisco, CA [email protected]

Re: Grievance Based Upon Actions of WPS Franchise Owner Dan BorislowDear Ms. Eileraas:

The Women's Professional Soccer Players Union (WPSPU) is the exclusive, certifiedunion representing players inWomen's Professional Soccer (WPS). Pursuant to Section 7 of theWPS Player Handbook and Policy 202(1(H-1)) of the US Soccer Federation Policy Manual, theWPSPU initiates this grievance based upon disputes between the players and Dan Borislow, inhis capacity as franchise owner and acting coach for magicJack SC.I. Violations of Standard Player Contract Provisions

Dan Borislow has violated his concomitant obligations under the WPS Standard PlayerContract. Article III, Section 3.1(b)(ii) of the contract states as follows:At all times during the Term, Player shall:conduct herself, both on and off thefield, according to the highest standards ofhonesty, morality, fair-play and sportsmanship and in a manner befitting herposition as a representative and promoter of the League, Team and the sport ofsoccerj.]

Owner Borislow, acting as coach, has failed to comply with the contract's equal and reciprocalduties to conduct himself with the highest standards of honesty, morality, fair-play, andsportsmanship.

Article IX, Section 9.4 of the contract makes clear that the league has the discretion todiscipline players who violate the above principles:

Atlanta Beat Boston Breakers magicJack SC Philadelphia Independence Sky Blue FC Western New York Flash


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... Player specifically acknowledges that she shall be subject to discipline byTeam and/or WPS which may include, but shall not be limited to, fines,suspensions without pay, termination of this Agreement and/or permanentexpulsionfrom WPS if:

(e) she makes statements or engages in c

Documents

WPS Exhibits 29-40