Judge to rule in Semin lawsuit soon

SUNRISE, Fla. — A ruling is expected quickly, possibly as soon as today, in the Washington Capitals’ efforts to prevent Alexander Semin from playing hockey until he fulfills his obligations to the NHL team.

Oral arguments were heard yesterday before U.S. District Court judge Henry Kennedy in Washington. Kennedy said he would issue a ruling “in short order.”

The Caps’ suit is against Semin, his agent Mark Gandler and Gandler’s firm, International Sports Advisors Inc. Kennedy granted the Caps a temporary restraining order on Oct. 25 and has been asked to make that order permanent.

Semin was drafted by the Caps in 2002 and he played most of one season with Washington. The left wing returned to his native Russia after the 2003-04 season but did not report to the Caps’ American Hockey League affiliate as ordered by the club for the 2004-05 season. Washington suspended him, a punishment that was not honored by the Russian Super League where Semin plays.

Semin played for Lada Togliatti at the start of this season until that team ran into financial trouble and folded. He now plays for another Super League team, Khimik, located outside Moscow.

Kennedy heard arguments yesterday from the Caps, Semin’s attorney, representatives for Gandler and lawyers from the NHL Players Association, which has entered the case as an interested party.

The judge will rule on as many as three items. The first will concern whether the case should be heard by an arbitrator, which Gandler, Semin and the NHLPA wants, or by a judge, which the Caps desire. If Kennedy rules that the case should be heard by a judge, then there may not be a need to rule on the other items.

Should it be necessary, Kennedy will be asked to issue an injunction barring Gandler and his firm from assisting Semin in his efforts to continue playing despite court orders preventing him from doing so. Kennedy also may issue an order barring Semin from competing until he fulfills the remaining two years of his contract to the Caps.

Semin is a highly skilled, albeit somewhat undisciplined, player who would complement the Caps’ rookie star Alex Ovechkin, who also played in the Russian Super League. Semin scored 10 goals and 22 points in his 52 NHL games. Ovechkin already has 15 goals in just 24 games.

There have been conflicting reports on whether Semin wants to return to the United States. He has told general manager George McPhee he wants to give the NHL another try but has not turned up yet.

Semin was scheduled to make a little more than $900,000 this season with the Caps. He is reportedly making more than twice that amount, tax free, in Russia with a condo and car as added incentives.