NOTICE OF MOTION AND MOTION TO DISMISS PLEASE TAKE NOTICE
that on September 5, 2014 at 9:30 a.m. or as soon thereafter as counsel may be heard Defendants: Atlanta National League Baseball Club, Inc., Boston Red Sox Baseball Club L.P., Chicago White Sox, Ltd., Cleveland Indians Baseball Co., L.P., Cleveland Indians Baseball Co., Inc., Detroit Tigers, Inc., New York Yankees, P’ship, the Phillies L.P., Pittsburgh Baseball, Inc., Pittsburgh Baseball P’Ship, Tampa Bay Rays Baseball, Ltd., and Washington Nationals Baseball Club, LLC (collectively, the “Moving Defendants”)
will and hereby do move this Court for an order dismissing the Second Amended Complaint as against them for lack of personal jurisdiction. This motion is made pursuant to Fed. R. Civ. P. 12(b)(2) on the ground that none of the Moving Defendants are subject to personal jurisdiction in the State of California. The Moving Defendants’ contacts with California are not “continuous and systematic” such that they “approximate physical presence” in this State. Moreover, Plaintiffs’ claims do not arise out of or relate to the Moving Defendants’ forum-related activities. Finally, the exercise of jurisdiction would run afoul of the principles of fair play and substantial justice –
., it would be unreasonable.
This motion is based on this Notice, the Memorandum of Points and Authorities, the Declarations of Greg Heller, Elaine W. Steward, Joseph Zndisaric, John Corvino, John Westhoff, Lonn Trost, Richard Strouse, Bryan Stroh, John Higgins and Damon Jones, the pleadings and records on file with this Court, all matters of which the Court must or may take judicial notice, and such evidence and argument as may be presented at or before the hearing on this matter.
Pittsburgh Associates, LP, is incorrectly identified in the Second Amended Complaint as Pittsburgh Baseball, Inc. and Pittsburgh Baseball Partnership; The Phillies are incorrectly identified as The Phillies L.P.
Case3:14-cv-00608-JCS Document115 Filed05/23/14 Page2 of 22