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Originally published Friday, August 8, 2008 at 12:00 AM

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Paperwork flies in Sonics suit

Howard Schultz's attorney filed a reply Thursday in U.S. District Court in Seattle supporting his motion to bifurcate — or divide — Schultz's lawsuit against Clay Bennett and the other owners who moved the Sonics to Oklahoma City.

Seattle Times staff reporter

Howard Schultz's attorney filed a reply Thursday in U.S. District Court in Seattle supporting his motion to bifurcate — or divide — Schultz's lawsuit against Clay Bennett and the other owners who moved the Sonics to Oklahoma City.

Richard Yarmuth had filed a motion July 24 asking to break the suit into separate liability and remedy phases. On Monday, Bennett's group — the Professional Basketball Club — responded to that motion.

Yarmuth disputed PBC's claim that bifurcation of the case would result in undue delay. He also wrote in the motion that splitting the case was crucial to relief in the event Schultz wins.

Yarmuth also disputed PBC's claim that the courts would have to "run an NBA franchise" was wrong, and that in fact, bifurcation would provide that the opposite would happen, that ownership of the team would not take place until after the remedy phase.

Meanwhile PBC filed paperwork to close its Seattle site and move its front-office employees to Oklahoma City. According to the form filed by PBC, 117 workers will be affected on the Sept. 30 termination date.

A team spokesman said the filing is just a "formality" and that many employees are still determining whether to move to Oklahoma City. Only seven employees have currently relocated to Oklahoma.

Copyright © 2008 The Seattle Times Company

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