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Senne v. MLB - Motion to Dismiss

Senne v. MLB - Motion to Dismiss

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Published by ngrow9
Motion filed on May 23, 2014 by the Atlanta Braves, Boston Red Sox, Chicago White Sox , Cleveland Indians , Detroit Tigers, New York Yankees, Philadelphia Phillies, Pittsburgh Pirates, Tampa Bay Rays, and Washington Nationals in the Senne v. MLB minor league wage lawsuit
Motion filed on May 23, 2014 by the Atlanta Braves, Boston Red Sox, Chicago White Sox , Cleveland Indians , Detroit Tigers, New York Yankees, Philadelphia Phillies, Pittsburgh Pirates, Tampa Bay Rays, and Washington Nationals in the Senne v. MLB minor league wage lawsuit

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Published by: ngrow9 on May 23, 2014
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07/24/2014

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 NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF – CASE NO. 3:14-cv-00608-JCS
12345678910111213141516171819202122232425262728PROSKAUER ROSE LLP Howard L. Ganz Elise M. Bloom (admitted
 pro hac vice
)  Neil H. Abramson (admitted
 pro hac vice
) Adam M. Lupion (admitted
 pro hac vice
) 11 Times Square  New York, NY 10036 Telephone: (212) 969-3000 Facsimile: (212) 969-2900 PROSKAUER ROSE LLP Laura Reathaford (SBN 254751) lreathaford@proskauer.com 2049 Century Park East, 32nd Floor Los Angeles, CA 90067-3206 Telephone: (310) 557-2900 Facsimile: (310) 557-2193 Attorneys for Defendants
*
 
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
AARON SENNE,
et al 
., Plaintiffs, vs. OFFICE OF THE COMMISSIONER OF BASEBALL, an unincorporated association doing business as MAJOR LEAGUE BASEBALL,
et al.
 Defendants. Case No. CV 14-00608 JCS Hon. Joseph C. Spero
CLASS ACTION NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT AS AGAINST CERTAIN DEFENDANTS FOR LACK OF PERSONAL JURISDICTION
Date: September 5, 2014 Time: 9:30 am Place: Courtroom G, 15th Floor Complaint filed: February 7, 2014 First Am. Complaint filed: March 5, 2014 Second Am. Complaint filed: April 21, 2014
*
 With the exception of Baltimore Orioles, Inc., and Baltimore Orioles, L.P, Proskauer Rose is counsel to all Defendants in this matter.
Case3:14-cv-00608-JCS Document115 Filed05/23/14 Page1 of 22
 
 
 NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF – CASE NO. 3:14-cv-00608-JCS
12345678910111213141516171819202122232425262728
 
12345678910111213141516171819202122232425262728
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”)
1
 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 –
i.e
., 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.
1
 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
 
 2
 
 NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF – CASE NO. 3:14-cv-00608-JCS
Dated: May 23, 2014 PROSKAUER ROSE LLPELISE M. BLOOM HOWARD L. GANZ  NEIL H. ABRAMSON ADAM M. LUPION LAURA REATHAFORD By: /s/ Elise M. Bloom Elise M. Bloom Attorneys for Defendants
Case3:14-cv-00608-JCS Document115 Filed05/23/14 Page3 of 22

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