Case: Moran v. Selig

2:03-cv-07424 | U.S. District Court for the Central District of California

Filed Date: Oct. 16, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On October 16, 2003, several Caucasian former Major League Baseball ("MLB") players filed a lawsuit based on Title VII, § 1981, § 1985, battery and negligence against MLB commissioner and all existing MLB teams in the U.S. District Court for the Central District of California, Western Division. The plaintiffs, represented by private counsel, alleged that MLB had violated Title VII by excluding them from medical and supplemental income plans devised by MLB for former Negro League players, and c…

On October 16, 2003, several Caucasian former Major League Baseball ("MLB") players filed a lawsuit based on Title VII, § 1981, § 1985, battery and negligence against MLB commissioner and all existing MLB teams in the U.S. District Court for the Central District of California, Western Division. The plaintiffs, represented by private counsel, alleged that MLB had violated Title VII by excluding them from medical and supplemental income plans devised by MLB for former Negro League players, and committed battery by subjecting them to a dangerous regimen of cortisone shots and other drugs without their informed consent.

In response to the plaintiffs' complaint, the defendants filed a motion to dismiss and/or for summary judgment on January 30, 2004. On March 15, the district court (Judge Manuel L. Real) held a hearing on the motion. At the hearing, the plaintiffs withdrew their negligence, § 1981, and § 1985 claims. After hearing arguments on the remaining Title VII and battery claims, the district court granted defendants' motion for summary judgment.

The plaintiffs appealed, but on May 9, 2006, the 9th Circuit (Judge Reinhardt) affirmed the district court's decision, holding that the plaintiffs had failed to establish a prima facie case of discrimination, because the income plans did not constitute an adverse employment action and Caucasian players and African-American players were not similarly situated.

Summary Authors

Kunyi Zhang (7/6/2010)

People


Judge(s)

Real, Manuel Lawrence (California)

Reinhardt, Stephen Roy (California)

Turchin, Carolyn (California)

Attorneys(s) for Plaintiff

DaCorsi, John R. (California)

Rumsey, Jason L (California)

Attorneys(s) for Defendant

Ganz, Howard L. (New York)

Marmaro, Richard (California)

Rappaport, Lary Alan (California)

Regan, Amy B. (New York)

Judge(s)

Real, Manuel Lawrence (California)

Reinhardt, Stephen Roy (California)

Turchin, Carolyn (California)

Attorneys(s) for Plaintiff

DaCorsi, John R. (California)

Rumsey, Jason L (California)

Attorneys(s) for Defendant

Ganz, Howard L. (New York)

Marmaro, Richard (California)

Rappaport, Lary Alan (California)

Regan, Amy B. (New York)

Documents in the Clearinghouse

Document

Docket

Sept. 22, 2006 Docket
28

Defendant's Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion to Dismiss the Complaint and/or Summary Judgment Pursuant to Local Rule 56-1

March 15, 2004 Order/Opinion
29

Order Granting Defendants' Motion for Summary Judgment

March 15, 2004 Order/Opinion

Opinion (9th Circuit)

U. S. Court of Appeals for the Ninth Circuit

447 F.3d 748

May 9, 2006 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed Summons(es) not issued referred to Discovery Carolyn Turchin (rrey) (Entered: 10/21/2003)

Oct. 16, 2003
2

CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Richard Alan Moran, Ernest Fazio, Mike Colbern (rrey) (Entered: 10/21/2003)

Oct. 16, 2003
3

NOTICE TO COUNSEL ORDER by Judge Manuel L. Real. This case has been assigned to the calendar of Judge Manuel L Real. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the FRCP. Noncompliance may lead to the imposition of sanctions which may include the striking of pleadings and entry of judgment or dismissal of the aciton (see document for further details) (rl) (Entered: 10/22/2003)

Oct. 17, 2003

SUMMONS issued as to defendants regarding an answer to the complaint (rl) (Entered: 10/30/2003)

Oct. 29, 2003
4

STIPULATION and ORDER by Judge Manuel L. Real: IT IS SO ORDERED that in accordance with the provisions of Rule 4(d) of the FRCP, defendants by their attorneys, Proskauer Rose hereby waive service of the summons and Complaint on all defendants. 12/1/03 shall be deemed the date upon which a request for waiver of service was made and sent pursuant to Rule 4 of the FRCP, and accordingly all defendants shall have 60 days from that date (ie until 1/30/04) to answer or otherwise respond to the Complaint and the time within which plaintiffs shall be required to move for certification of this action as a class action shall be, and it hereby is enlarged to 3/14/04 (rl) (Entered: 12/09/2003)

Dec. 9, 2003
4

WAIVER OF SERVICE of SUMMONS by defendants sent by plf on 12/1/03 (rl) (Entered: 12/09/2003)

Dec. 9, 2003
5

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case filed for defendant Allan H Selig by Amy B Regan. Designating Lary Alan Rappaport as local counsel. Approved by Judge Manuel L. Real (Fee pd) (rl) (Entered: 12/12/2003)

Dec. 9, 2003
6

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case filed for defendant Allan H Selig by Howard L Ganz. Designating as local counsel Richard Marmaro and/or Lary Alan Rappaport. Approved by Judge Manuel L. Real (Fee pd) (rl) (Entered: 12/12/2003)

Dec. 9, 2003
7

CERTIFICATION AS TO Interested Parties filed by Defendants (ca, ) (Entered: 02/06/2004)

Jan. 30, 2004
8

NOTICE OF MOTION AND MOTION to Dismiss Ccomplaint and/for MOTION for Summary Judgment filed by Defendants Anaheim Angels LP, Arizona Diamondbacks Baseball Club, Atlanta Braves Inc, Baltimore Orioles Inc, Boston Red Sox Baseball Club −, Chicago Cubs Inc, Chicago White Sox Baseball Club −, Cincinnati Reds Baseball Club −, Cleveland Indians Baseball Company Inc −, Colorado Rockies Baseball Club, Detroit Tigers Inc, Florida Marlins Baseball Club, Houston Astros Baseball Club, Kansas City Royals Baseball Corporation, Los Angeles Dodgers, Inc, Milwaukee Brewers Baseball Club Inc, Minnesota Twins Baseball Club −, Montreal Expos Baseball Club, New York Mets Baseball Club, New York Yankees Baseball Club, Oakland Athletics Limited Partnership, Pittsburgh Pirates Inc, San Diego Padres Baseball Club, San Francisco Giants Enterprises LLC, Seattle Mariners Baseball Club −, Allan H Selig, St Louis Cardinals Baseball Club, Tampa Bay Devil Rays Baseball Club, Texas Rangers Baseball Club, The Phillies, Toronto Blue Jays Baseball Club. Motion set for hearing on 3/15/2004 at 10:00 AM before Honorable Manuel L. Real. Lodged Order, Statement Uncontroverted facts. (sm, ) (Entered: 02/10/2004)

Jan. 30, 2004
9

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Dismiss Complaint and/or for MOTION for Summary Judgment 8 filed by Defendants Anaheim Angels LP, Arizona Diamondbacks Baseball Club, Atlanta Braves Inc, Baltimore Orioles Inc, Boston Red Sox Baseball Club −, Chicago Cubs Inc, Chicago White Sox Baseball Club −, Cincinnati Reds Baseball Club −, Cleveland Indians Baseball Company Inc −, Colorado Rockies Baseball Club, Detroit Tigers Inc, Florida Marlins Baseball Club, Houston Astros Baseball Club, Kansas City Royals Baseball Corporation, Los Angeles Dodgers, Inc, Milwaukee Brewers Baseball Club Inc, Minnesota Twins Baseball Club −, Montreal Expos Baseball Club, New York Mets Baseball Club, New York Yankees Baseball Club, Oakland Athletics Limited Partnership, Pittsburgh Pirates Inc, San Diego Padres Baseball Club, San Francisco Giants Enterprises LLC, Seattle Mariners Baseball Club −, Allan H Selig, St Louis Cardinals Baseball Club, Tampa Bay Devil Rays Baseball Club, Texas Rangers Baseball Club, The Phillies, Toronto Blue Jays Baseball Club. (sm, ) (Entered: 02/10/2004)

Jan. 30, 2004
10

DECLARATION of Robert D Manfred Jr in support of MOTION to Dismiss Complaint and/or MOTION for Summary Judgment 8 filed by Defendants Anaheim Angels LP, Arizona Diamondbacks Baseball Club, Atlanta Braves Inc, Baltimore Orioles Inc, Boston Red Sox Baseball Club −, Chicago Cubs Inc, Chicago White Sox Baseball Club −, Cincinnati Reds Baseball Club −, Cleveland Indians Baseball Company Inc −, Colorado Rockies Baseball Club, Detroit Tigers Inc, Florida Marlins Baseball Club, Houston Astros Baseball Club, Kansas City Royals Baseball Corporation, Los Angeles Dodgers, Inc, Milwaukee Brewers Baseball Club Inc, Minnesota Twins Baseball Club −, Montreal Expos Baseball Club, New York Mets Baseball Club, New York Yankees Baseball Club, Oakland Athletics Limited Partnership, Pittsburgh Pirates Inc, San Diego Padres Baseball Club, San Francisco Giants Enterprises LLC, Seattle Mariners Baseball Club −, Allan H Selig, St Louis Cardinals Baseball Club, Tampa Bay Devil Rays Baseball Club, Texas Rangers Baseball Club, The Phillies, Toronto Blue Jays Baseball Club. (sm, ) (Entered: 02/10/2004)

Jan. 30, 2004
11

SUPPLEMENTAL LOCAL RULE 7.1−1 CERTIFICATION AS to Interested Parties filed by Defendants Anaheim Angels LP, Arizona Diamondbacks Baseball Club, Atlanta Braves Inc, Baltimore Orioles Inc, Boston Red Sox Baseball Club, Chicago Cubs Inc, Chicago White Sox Baseball Club, Cincinnati Reds Baseball Club, Cleveland Indians Baseball Company Inc, Colorado Rockies Baseball Club, Detroit Tigers Inc, Does, Florida Marlins Baseball Club, Houston Astros Baseball Club, Kansas City Royals Baseball Corporation, Los Angeles Dodgers, Inc, Milwaukee Brewers Baseball Club Inc, Minnesota Twins Baseball Club, Montreal Expos Baseball Club, New York Mets Baseball Club, New York Yankees Baseball Club, Oakland Athletics Limited Partnership, Pittsburgh Pirates Inc, San Diego Padres Baseball Club, San Francisco Giants Enterprises LLC, Seattle Mariners Baseball Club −, Allan H Selig, St Louis Cardinals Baseball Club, Tampa Bay Devil Rays Baseball Club, Texas Rangers Baseball Club, The Phillies, Toronto Blue Jays Baseball Club. (jp, ) (Entered: 02/19/2004)

Feb. 12, 2004
12

OBJECTIONS to EVIDENCE submitted in support of MOTION to Dismiss the complaint and/or for summary judgment 8 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (rl, ) (Entered: 03/03/2004)

March 1, 2004
13

DECLARATION of Jason L Rumsey in support of Plaintiffs' opposition to MOTION to Dismiss and/or for Summary Judgment 8 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (rl, ) (Entered: 03/03/2004)

March 1, 2004
14

STATEMENT OF GENUINE ISSUES of material fact in support of opposition to MOTION to Dismiss and/or for Summary Judgment MOTION 8 filed by Plaintiffs

March 1, 2004
16

DECLARATION in support of MOTION for certification of class action and in support of Plaintiffs' opposition to Dismiss and/or for Summary Judgment 8 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (rl, ) (Entered: 03/03/2004)

March 1, 2004
17

DECLARATION of Bill Helper in support of motion of rcertification of class action. 16 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/09/2004)

March 1, 2004
18

DECLARATION of Eugene Pentz in support of motion for certificatio of class action. 16 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/09/2004)

March 1, 2004
19

DECLARATION of Bill Abernathie in support of motion fo rcertification of class action. filed by Plaintiffs Mike Colbern, Ernest Fazio. (yc, ) (Entered: 03/09/2004)

March 1, 2004
20

RESPONSE to plaintiffs objections to evidence submitted in support of defendants MOTION to Dismiss the complaint and/or for summary judgment. 8 filed by Defendants (yc, ) (Entered: 03/09/2004)

March 8, 2004
21

REPLY memorandum of points and authorities in support of defendants MOTION to Dismiss the complaint and/or for summary judgment. 8 filed by Defendants (Entered: 03/09/2004)

March 8, 2004
22

NOTICE OF MOTION AND MOTION for certification of class action: Memorandum of points ans authorities in support of motion. filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. Motion set for hearing on 4/19/2004 at 10:00 AM before Honorable Manuel L. Real. Lodged PROPOSED ORDER. (yc, ) (Entered: 03/15/2004)

March 12, 2004
23

DECLARATION of Jason L. Rumsey in support MOTION to Certify Class 22 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/15/2004)

March 12, 2004
24

DECLARATION in support of MOTION for certification of class action 22 and in support of plaintiff's opposition to motion to Dismiss and or for Summary Judgment 8 , filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/15/2004)

March 12, 2004
25

APPENDIX OF NON−FORUM AUTHORITIES SUBMITTED IN SUPPORT OF MOTION to Certify Class 22 filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/15/2004)

March 12, 2004
26

DECLARATION of John R DaCorsi in support of plaintiffs MOTION to Certify Class 22 filed by Plaintiffs Ernest Fazio, Richard Alan Moran. (yc, ) (Entered: 03/15/2004)

March 12, 2004
27

PROOF OF SERVICE filed by Plaintiffs Mike Colbern, Ernest Fazio, Richard Alan Moran. re Notice to counsel 3 Order,, was served on 3/11/04. (yc, ) (Entered: 03/15/2004)

March 12, 2004
28

ORDER by Judge Manuel L. Real, re Statement of uncontroverted facts and conclusion of law in support of MOTION to Dismiss complaint and/or Summary Judgment 8 (see document for details)(yc, ) (Entered: 03/17/2004)

March 15, 2004
29

ORDER by Judge Manuel L. Real, IT IS HEREBY ORDERED THAT defendants motion is GRANTED for Summary Judgment. 8 , (Made JS−6. Case Terminated.)(yc, ) (Entered: 03/17/2004)

March 15, 2004
30

MINUTES held before Judge Manuel L. Real :The court grants MOTION to Dismiss Case 8 , and sign the proposed order and uncontroverted facts and conclusions of law. Defendants shall submit a proposed judgment. Court Reporter: Leonore LeBlanc. (yc, ) (Entered: 03/19/2004)

March 15, 2004
33

NOTICE of entry of judgment filed by defendants. (yc, ) (Entered: 04/06/2004)

March 25, 2004
32

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/15/04 Court Reporter: Leonore A. LeBlanc (weap, ) (Entered: 04/05/2004)

April 2, 2004

TRANSCRIPT filed for proceedings held on 3/15/04. Court Reporter: Leonore A. LeBlanc. (weap, ) (Entered: 04/05/2004)

April 2, 2004

PLACED IN FILE − NOT USED re (proposed order) (yc, ) (Entered: 04/08/2004)

April 6, 2004
34

NOTICE OF APPEAL to 9th CCA filed by plaintiff Mike Colbern. Appeal of Judgment 31 Filed On: 03/24/04; Entered On: 03/25/04. Filing fee $ 255., Paid, receipt number 63251, payment on 4/12/04. cc: Jason L. Rumsey, DaCorsi &Placencio; Howard L. Ganz, Proskauer Rose LLP; Richard Marmaro, Proskauer Rose LLP. (cbr, ) Modified on 4/12/2004 (ghap, ). Modified on 4/12/2004 (ghap, ). (Entered: 04/09/2004)

April 9, 2004
35

REPRESENTATION STATEMENT re Appeal to Circuit Court, 34 . (cbr, ) (Entered: 04/09/2004)

April 9, 2004

Civil Appeals Docketing Statement received from plaintiff Mike Colbern forwarded to 9th CCA. RE: Appeal to Circuit Court 34 . (cbr, ) (Entered: 04/09/2004)

April 9, 2004
36

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 3/15/04; hearing on motion for summary judgment; Court Reporter: Leonore LeBlanc; Re: Appeal to Circuit Court, 34 . (ghap, ) (Entered: 04/13/2004)

April 13, 2004
37

NOTIFICATION by Circuit Court of Appellate Docket Number 04−55647, 9th CCA regarding Appeal to Circuit Court, 34 filed by Mike Colbern. (ghap, ) (Entered: 04/19/2004)

April 19, 2004
38

CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 34 filed by Mike Colbern; Court of Appeals Case Number: 04−55647. (ghap, ) (Entered: 06/14/2004)

June 14, 2004
39

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 04−55647 Record consists of 1 thru 2 volumes, 1 transcript, and 3 brown folders document numbers: 17, 18, and 19. (cbr, ) (Entered: 11/03/2005)

Nov. 3, 2005
40

MANDATE of 9th CCA filed as to Appeal Number Info from USCA (A−8) 37 , Appeal to Circuit Court, 34 , CCA # 04−55647. The judgment of said district court, appeal is affirmed. Mandate received in this district on 6/5/06. (ghap, ) (Entered: 06/17/2006)

May 31, 2006
41

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 2; 2 Brn Folders #17  Transcripts(s): 1; RE: Appeal Record Sent to USCA (A−26) 39 (car, ) (Entered: 09/29/2006)

Sept. 22, 2006

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 16, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were Caucasian former Major League Baseball ("MLB") players who played in the Major Leagues for less than four years between 1947 and 1979 and were accordingly denied MLB pension and medical benefits.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Allan H Selig, Private Entity/Person

New York Yankees Baseball Club, Private Entity/Person

Boston Red Sox Baseball Club, Private Entity/Person

Florida Marlins Baseball Club, Private Entity/Person

Anaheim Angels LP, Private Entity/Person

Arizona Diamondbacks Baseball Club, Private Entity/Person

Baltimore Orioles Inc, Private Entity/Person

Chicago Cubs Inc, Private Entity/Person

Chicago White Sox Baseball Club, Private Entity/Person

Cincinnati Reds Baseball Club, Private Entity/Person

Cleveland Indians Baseball Company Inc, Private Entity/Person

Colorado Rockies Baseball Club, Private Entity/Person

Houston Astros Baseball Club, Private Entity/Person

Kansas City Royals Baseball Corporation, Private Entity/Person

Los Angeles Dodgers, Inc, Private Entity/Person

Milwaukee Brewers Baseball Club Inc, Private Entity/Person

Minnesota Twins Baseball Club, Private Entity/Person

Montreal Expos Baseball Club, Private Entity/Person

New York Mets Baseball Club, Private Entity/Person

The Phillies, Private Entity/Person

Pittsburgh Pirates Inc, Private Entity/Person

San Diego Padres Baseball Club, Private Entity/Person

San Francisco Giants Enterprises LLC, Private Entity/Person

Seattle Mariners Baseball Club, Private Entity/Person

Tampa Bay Devil Rays Baseball Club, Private Entity/Person

Texas Rangers Baseball Club, Private Entity/Person

Oakland Athletics Limited Partnership, Private Entity/Person

Toronto Blue Jays Baseball Club, Private Entity/Person

Does, Private Entity/Person

Detroit Tigers Inc, Private Entity/Person

St Louis Cardinals Baseball Club, Private Entity/Person

Atlanta Braves Inc, Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Race discrimination

Race:

White

EEOC-centric:

Direct Suit on Merits