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Keywords

lawsuitplaintiffdefendantjurisdictionhearingpleapartnershipcitizenship

plaintiffdefendantjurisdictioncitizenship

Related Cases

Rose v. Giamatti, 721 F.Supp. 906

Facts

Peter Edward Rose, the Field Manager of the Cincinnati Reds, filed a lawsuit against A. Bartlett Giamatti, the Commissioner of Baseball, and others to prevent Giamatti from conducting disciplinary proceedings against him regarding allegations of gambling on baseball games. The case was initially filed in the Court of Common Pleas of Hamilton County, Ohio, and was later removed to federal court. Rose contended that he was being denied a fair hearing by an unbiased decision-maker. The court had to determine whether it had jurisdiction based on diversity of citizenship.

Plaintiff, Peter Edward Rose, is the Field Manager of the Cincinnati Reds baseball team. In February of this year, then Commissioner of Baseball Peter V. Ueberroth and then Commissioner of Baseball-elect A. Bartlett Giamatti initiated an investigation regarding allegations that Rose wagered on major league baseball games.

Issue

Whether the federal court has jurisdiction over the action based on diversity of citizenship.

Whether the named defendant, Major League Baseball, is a legal entity which has a state of citizenship for diversity purposes?

Rule

For diversity jurisdiction, a limited partnership is considered a citizen of the state in which its partners are citizens, and an unincorporated association has no citizenship of its own but is a citizen of every state in which its members are citizens. A plaintiff cannot confer jurisdiction upon the federal court by determining who are proper parties to the action, and fraudulent joinder of a non-diverse defendant cannot defeat removal based on diversity.

Analysis

The court analyzed the citizenship of the parties involved, determining that both Major League Baseball and the Cincinnati Reds were nominal parties whose citizenship could be disregarded for the purpose of establishing diversity jurisdiction. The court found that the real controversy was between Rose and Giamatti, and that the allegations against the other defendants did not establish a valid cause of action, thus supporting the claim of fraudulent joinder.

Conclusion

The court concluded that the action was properly removed to federal court and that it had jurisdiction over the case.

For the reasons stated hereafter, I conclude that the action was properly removed to this Court, and that this Court does have jurisdiction over the action which I have a duty to recognize and to enforce.

Who won?

The court ruled in favor of the defendants, allowing the case to remain in federal court. The reasoning was that the plaintiff's claims against the Cincinnati Reds and Major League Baseball were insufficient to establish a valid cause of action, thereby allowing the court to disregard their citizenship for diversity purposes. The court emphasized that the real dispute was between Rose and Giamatti, and that the other parties were nominal.

The court ruled that the defendants did not waive their right to remove the case to federal court on the ground of diversity jurisdiction by appearing and contesting plaintiff's entitlement to temporary restraining order.

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