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Madelaynne Montaño Sues Rabita Baku

August 7th, 2013

Below is the EXCLUSIVE statement we have received from the Legal Team of Madelaynne Montaño. The statement was sent by From Vassiliki K. Gatzigianni, Vassilogeorgis & Partner Law Firm in Athens – Thessaloniki:

Contrary to Rabita’s completely unfounded and false presentation of the circumstances, the fact is, that as today Rabita still owes to Mrs. Montaño a part of her agreed remuneration and denies payment. The payment made on July 17th, the day in which Mrs. Montaño’s legal team sent an overdue notice to Rabita, was not for the full amount which Rabita owes. It is more than clear that an amicable settlement is not possible any more. Thus, Mrs. Montaño and her legal representatives are going immediately to initiate a complaint before the FIVB Judicial Bodies which shall decide on the financial dispute.

Unfortunately, Rabita’s statement published in “volleywood.net” on August 1st is not helpful to the matter. It forces Mrs. Montaño to defend herself not only regarding her financial rights but also her personal integrity and honour, as it discloses various personal and contractual details – without any reason to do so. However, Mrs. Montaño is not willing to follow Rabita’s way of arguing this issue in public.

Nevertheless some of the representations contained in Rabita’s statement need to be rectified by us:

1) Mrs. Montaño never commented in any kind of interview her economical dispute with Rabita. What she only did was to come in contact with the FIVB to ask about the procedure to claim from Rabita what they owe her.

2) In November 2012, Mrs. Montaño needed to leave Baku in order to see her child. She had to do so against the will of club management which would not give her the permission to leave.

3) Neither Mrs. Montaño nor her representative spoke in March 2013 with any other team (even though this would not be illegal). In any case, Mrs. Montaño does not tolerate Rabita’s insinuation of her change to the Turkish team being related to the results of the Champions League Final Four 2013.

4) Mrs. Montaño never said that she would lead the team to the Final Four. She also never doubted the size of any team, much less the size of her former team Rabita with which she won the Championship in Azerbaijan and played two finals, CL and the Women World Club Championship.

We have the impression that with the publication of personal details and wrong facts, Rabita aims to damage Mrs. Montaño’s reputation which is flawless up to now. This could be a reaction to the fact that Mrs. Montaño preferred to change to another team.

However, Mrs. Montaño will not accept that Rabita violates her personality and spreads misrepresentations about her. We will use all possible ways and make all legal actions to defend her interests and rights regarding this assault on her personality.

To conclude, we would like to point out that it really does not make a good impression if Rabita claims that it didn’t receive our e-mail from July 17th. Our calls to the president of the club, who never answered or called back, are also recorded. We used the contacts (e-mail and telephone numbers) which Rabita used to communicate with Mrs. Montaño throughout the game season and which therefore are valid.

Any thoughts?

August 1st, 2013

EXCLUSIVE & EXPLOSIVE!

Rabita Baku has sent this to us as a response to Miss Montano’s legal complaint.

Here you go:

Dear Volleywood and dear fans,

First of all, we would like to greet you all and to thank this site and Mr. Ace Volleywood for such a great job for the World volleyball.

We, as a club Rabita BAKU from Azerbaijan would like to share with you our opinion, the facts and the truth related about Mrs. Madelaynne MONTANO`s issue – as it was reported on your web site. Madelaynne MONTANO – former (fortunately former) player of Rabita BAKU complaint about our club to FIVB and shared with media that Rabita BAKU did not made her last payment and “HUGE” amount is still owed by the club.

Yesterday, on 31st July 2013 we got a SMS by phone that Mrs. MONTANO sent a legal to FIVB about her last payment that “was not paid” by Rabita BAKU as the player says -without any information to the club by her or by her representative one or some days before they shared this “info” with media and FIVB.

Last time we as a club spoke with Mrs. MONTANO`s husband by phone on 12nd July when our administration were out of Baku as well as the President for a tragic personal reason that happened in family of the club President and he informed us if the Club was not going pay until 21st of July they will go in another way and we asked them to wait until we are back in Baku and the payment would be immediately done. On 17th July, the first job that club administration did as soon as got back to Baku was sending LAST payment of salary of Mrs. MONTANO – that is totally not a HUGE amount as it is speculated, just the 5% (five)of her contract for the last season.

After the payment which was done on 17 JULY 2013 – on 31st July 2013 we got sms that we were complaint about to FIVB etc that was really surprising for us as it is weird to get complaint after payment done 2 weeks ago. When we informed Player that the payment was done 2 weeks ago she said no money entered in her account.

As it was after working day yesterday, today on 1st August in the morning we immediately asked the bank to send the payment order document that PROVES Rabita BAKU made payment on 17th July to the Player, we sent one copy to Player to see and be SURE that the payment done. The player can prove that this document was sent her today and 100% shows that The Club made its last salary payment to the Player.

The player after this email keeps on saying to send this email to her lawyer about who we heard ONLY yesterday first time- as the player ONLY YESTERDAY sent us her name and email as her official lawyer (they changed lawyer as first time they were saying her agent Mr.THANOS was also her lawyer that was not accepted by the Club). Until yesterday we did not have any info about new lawyer. Even though the player says the lawyer sent two letters, called many times etc. We asked the Player to resend these emails “in case they exist” once again as we have NEVER got any email to our club address or administration email – finally we realized the mail went to the mail that is not official mail of the club vcrabitabaku@behm.az or sending copy to the members of administration- but to another email that is used only for some large sized attachments and FIVB documentation.

The Player after this says The club must pay her bonus for victories but even then she has no right to complain about bonus as the new season has not started yet and there is no any deadline for bonus and such a serious club and rich club as you noted, did not become richer with this littler amount and will not become poorer paying this amount.

This is is the first part explaining the complaint of Mrs. MONTANO the player for whom Rabita BAKU made GREAT image not only in Europe but also in the World and sure for her current status the player must always thank Rabita BAKU.

Rabita BAKU was in Final FOUR of Champions League BEFORE Mrs. MONTANO. Rabita BAKU is one of the teams that has outstanding results for such a short period:

-Just three times participated in Champions league and 2 times played FINAL (2011 and 2013)
– In last two years The Club World Champion on 2011 and Silver Medalist of World Champs 2012
– 6 times Consecutive Azerbaijani Super league Champion
-CEV Cup bronze medalist 2010

We are sure you have all info about Rabita BAKU which is thankful not only to Mrs. MONTANO (like she says she took team to Final Four) but to all coaching staff, players who were around her making AMAZING job starting from SKORUPA to CASTILLO. All team members who did great job. Fortunately 7 of 12 Players are again with us and there are players playing their 5th, 4th,3rd seasons in Rabita BAKU.

We are sure all of these show our level no matter what others do say! Rabita BAKU makes STARS from a NAME, that is also big plus for this STABLE club.

About Mrs. MONTANO`s one year in Rabita BAKU now we would like to share with you some VERY HOT and INTERESTING facts which the Club. Madelaynne MONTANO – the Player who asked in Doha after the Club World Championship 2012, October to release her as she does not think she fits this team, setters don’t set her many balls etc. From that period the real “problems” started.

But as a club we said trying to support her that it was her first year in Europe and in time she would get better and better around these high level players. After some period (we will tell in details below) the Club realized Mrs. MONTANO got a big offer from Eastern country like she and her husband said to us after her ESCAPE from Baku in November without ANY PERMISSION.

Immediately after coming back to Baku from Doha in two days team left to Prostejov for Champions league matches and there before and after the match Mrs. MONTANO kept saying that she wanted to leave as she did not get many balls in that match, setters do not like her. Her husband, Mr. Theodoros FILLIOUDIS made a big scandal against team administration right at the entrance of the gym in Prostejov telling that club must resign player as she doesn’t play here as she could and used to do.

Then in Baku Mrs. MONTANO said real “truth” what was the problem. She said she was thinking her contract salary is UNFAIR against her as she learned how much some other players earn and She accepts it as UNFAIR against herself. She asked to raise her contract around TWICE than it was in THE MIDDLE of season.

The President of the club Mr. Jalil JAFAROV acted from the beginning like a real gentleman, did his best for this player from the beginning and added quite good money, two times more amount than the money Mrs. Montano fights now, the Club FOUND a NANNY for her child to bring her here as she could not take care of him, agreed to find Best school for him. But The Player said the schools here has no that level she would like. Even British School. After adding some money to her contract and conditions we thought this NIGHTMARE finished.

But wait.

Mrs. MONTANO in November 16, 2013 before the Champions league match against Atom SOPOT wrote an email to our Sports Director Mr. Ilgar IMAMGULIYEV (Azero) an email about her leaving from Baku AFTER buying a flight ticket and the reason was her son`s mental conditions, as he was asking his mother to come, she did not feel good in this team, she can not find best conditions here in Baku and she is leaving with hope to be released. Fortunately Mr. Ilgar read email before she left in the MIDNIGHT and called her. Mrs. MONTANO did not answer, her phones were impossible to be reached. Then he asked the owner of apartment that lives in neighborhood to see if there is anyone inside. In the MIDNIGHT old man checked and said there was someone inside. Mrs. MONTANO to answer on email of Mr. Ilgar called him on skype and said she would leave. When he asked why she did not call and inform she said her number was BURN and she could not make a call. Other phone was lost by her in the street. Anyways, she was going to left and said she hope the club will release her. Mrs. MONTANO left from Baku without ANY permission by Club and even not telling a single word to her teammates or coach before very important two matches taking ALL her things except team equipments from house.

After many talks by phone the Club gave her time and asked her to come back, even though the CLUB went through law and prepared all necessary documents for penalty against the Player.

When the player arrived after around a week, the Club invited her for conversation where she and her husband were talking about her “problems” in the team starting from setters to coaches and her life conditions in Baku, she said for her it is impossible to continue and she wanted to leave again. Just imagine, SECOND time in the middle of season President added very good amount to her contract, stopped law actions against the Player who left without permission, supported her and NEVER informed team players or coaches that the player left. Mr. Ilgar went and told to the players that Mrs. MONTANO has problem with her son and she would be back soon.

She was not ready as she missed some practices. Team played though match and she played half of it against Sopot and got very difficult victory.
And two days after Rabita BAKU lost to its main rival in Azerbaijan to which did not lose last three years and Mrs. MONTANO played a game that we are sure she doesn’t want to remember either. Even though the President of the club forgot everything and acted likea real MANand HUMAN thinking both about the MOTHER and image of The CLUB.

During that time we were told by very many people that representatives of Mrs. MONTANO offered and talked with different clubs and in case of release she will join any of these clubs.

During Final Four of Champs League in March – Many rumors came that Mrs. MONTANO`s representatives negotiated with Turkish Clubs FOR NEXT SEASON about Mrs.MONTANO.

When Mr. Ilgar went to her husband Mr.FILLIOUDIS asking if it is truth he informed the next day he was gonna meet one Turkish club to discuss. When Mr. Ilgar asked if it is correct a Player that plays such an important tournament she negotiates with her potential rivals?

Some hours later Mr. FILLIOUDIS sent an sms saying he cancelled meeting with Turkish representatives. Was it truth or not, but next season she is going to play in one Turkish club. The Club lost Final of the Champions league after 11 consecutive victories there.

As a club after Final Four we again offered Mrs. MONTANO if she thinks to stay here and she said for her Rabita BAKU was very dear club and she would love to stay. Only her son`s scholl conditions was big problem. She said she loved teammates, people here and etc. Negotiations went and one day an agent who was NOT her agent, as Rabita BAKU signed directly with the player came out and said if we want to sign Mrs. MONTANO we must pay FANTASTIC 1,5 million to keep her and then she would agree to stay . The question is – if the son was the key of problem how ANY money could make to forget about a child`s problems? We said we don’t accept any agent as we talked directly to the Player and we have quite good relationship. But the agent and her husband were negotiating with the club trying to raise the player`s contract many times than previous one. We chose another option with which we are very very happy as a Club.

Of course, Rabita BAKU is not a team of one player and with left of one Player the team will still exist. We are very happy to have in our roster new great additions as universal players and to keep our way to win.

We still have a lot of things to add but it got too long and we hope you had patience to read this all. And after all of this – if you think Rabita BAKU is bad behaving club tell your friends not to come here.

Thank you very much!

If Madelaynne Montaño & her legal team would like to air their side in regards to this statement from Rabita Baku, they can reach us at info@volleywood.net.

July 31st, 2013

Rabita Baku better pay her!

Colombia’s top female volleyball player has officially sent a legal complaint to the FIVB stating that her former club team, Rabita Baku, has FAILED to pay her a HUGE portion of her salary.

The 30 year old spiker has left the best team in Azerbaijan and will play for Turkey’s Galatasaray Daikin.

A source who has knowledge about the case says…

“She is NOT the only player in the world who didn’t get paid form last seaosn. There are hundreds of players out there whose teams have failed to comply with the salary stated on their club contracts. This is going to be a tough battle for Montano and her legal team. Knowing that she has officially transfered to a new team then she might not end up getting the money she is fighting for.”

Since Rabita is a rich team we really hope they’d be able to resolve this case & pay the money they owe.

Montano worked and played hard the entire season she was with Rabita so she deserves every penny she was legally promised.

Will the FIVB be able to help her?

Wait and see.

(image: cev.lu)

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