Montclair United Soccer Club
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Montclair United Files Suit against CMI
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C L U B N E W S
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On November 10, 2008, The Montclair United Soccer Club (MUSC) Board of Director filed suit in the United States District Court in Seattle against Count Me In (CMI), its holding company (The Arena Group) and Terry Drayton, its owner. The complaint sets forth several causes of action including breach of contract, breach of good faith and fair dealing, conversion, unjust enrichment and tortuous interference with the CMI/MUSC contract under Washington law, all which relate to the non-payment of monies owed to MUSC.
In light of this news, The Board of Directors felt that it is imperative to inform you of this matter directly.
In September, Count Me In (CMI), the Club’s online registration and credit card processor, missed its scheduled payments, an occurrence that had never happened over the nearly two years of their service to MUSC. Initially, CMI blamed these delays on processing errors. Weeks later, however, we were informed that the arrears were not, in fact, due to processing errors, but were reportedly a by-product of the credit crisis. According to CMI, it now lacks the funds to pay the full amount owed.*
MUSC immediately discontinued all online transactions. MUSC also engaged a prominent national law firm that agreed to represent MUSC on a pro bono basis. An emergency meeting of the Board was convened and a simultaneous course of action was implemented -- a vigorous effort to work out payment plans with CMI and the preparation of a lawsuit to be filed only if negotiations did not work out.
Since that time, the MUSC Board has recovered only 30% of the outstanding balance and, despite several promises made by CMI to remit further partial payments, MUSC has received none. Consequently, MUSC filed suit.**
In the short-term, the club will continue to operate without interruption, but 2009 will bring the potential need for cost-cutting measures, aggressive fundraising and other methods to ensure the Club’s financial stability. In the event that no further funds are recovered, we are studying all aspects of our program and budgets to ensure that we continue to provide service to the 1,600 children that take part in our Fall, Winter and Spring programs.
Like many non-profit organizations across the country, this has been a challenging time for the MUSC, but we are encouraged by the strong collective contributions of our members who selflessly donate their time and talent.
THE MUSC BOARD OF DIRECTORS
* It is important to point out that the monies owed are funds that are already collected by CMI from your online transaction.
** CMI does not, at any time during the online transaction process, receive and/or possess personal data.
The Montclair United Soccer Club -- a self-funded, charitable, not-for-profit organization -- sponsors extensive programs of recreational and travel soccer for boys and girls from Montclair and neighboring communities in northern Essex County, New Jersey. Call (973) 783-MUSC (6872) or e-mail us at contact@montclairsoccer.com for information.
Parent volunteers manage the Club and administer its programs. The Club eagerly solicits any parent with the time and energy to consider joining the Club's Board of Directors or otherwise taking on jobs for the Club.
The travel program ranges from U-9 to U-19 and aims to provide an appropriate soccer experience to as many children as possible. Travel teams receive professional training and play, usually on Saturdays or Sundays, in the fall and spring, as well as in selected tournaments.
Participation in the travel program for boys and girls ages U-9 through U-14 is based on competitive open tryouts held in May. We post information on tryouts in April. The Club forms spring teams for boys and girls ages U-15 to U-19, but requires parent volunteers to manage these teams. We will endeavor to post information on these teams in the late fall or early winter once such volunteers step forward.
The recreational program includes Kinderkickers for 4,5 and 6 year-old boys and girls, as well as in-town league play on Saturdays for boys and girls in grades 1 to 9. The recreational program is open to all.
The soccer seasons for both the recreational and travel programs run from after Labor Day to the end of November in the fall and from mid-March to the beginning of June in the spring.
The Club does not discriminate and encourages diversity among its participants. The Club provides financial aid for families unable to afford participation fees.