Case: Pellant v. Detroit Tigers, Inc.

2:23-cv-13288 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 27, 2023

Closed Date: Jan. 13, 2025

Clearinghouse coding complete

Case Summary

This case is about alleged age discrimination against two Major League Baseball (MLB) scouts. The two plaintiffs were both over age 60 and worked for the Detroit Tigers until they were fired in 2020 along with two other older scouts. The remaining scouts for the team were all between 20 and 50 years of age. The team claimed the firings were due to Covid, but Plaintiffs were denied reemployment after the pandemic. They therefore filed suit against the Tigers under the Age Discrimination in Emplo…

This case is about alleged age discrimination against two Major League Baseball (MLB) scouts. The two plaintiffs were both over age 60 and worked for the Detroit Tigers until they were fired in 2020 along with two other older scouts. The remaining scouts for the team were all between 20 and 50 years of age. The team claimed the firings were due to Covid, but Plaintiffs were denied reemployment after the pandemic. They therefore filed suit against the Tigers under the Age Discrimination in Employment Act as well as Michigan state law. The case was filed on December 27, 2023 in the U.S. District Court for the Eastern District of Michigan and was assigned to District Judge Sean F. Cox (it was later reassigned to District Judge Brandy R. McMillion). Plaintiffs were represented by private attorneys and sought compensatory, punitive, and liquidated damages as well as attorneys’ fees.

On March 11, 2024, Defendant filed a motion to dismiss because both plaintiffs were named in a pending class-action lawsuit against MLB and various teams, including the Tigers, for similar age discrimination claims. See Benedict v. Manfred. Defendants therefore asked that this case be dismissed under the “first to file” rule. On January 13, 2025, Judge McMillion denied the motion insofar as she decided to stay, rather than dismiss, the suit. However, she granted the substance of the motion by declaring that any further action would need to await the outcome of the other case. 2025 WL 85434.

As of April 2025, the case had been administratively closed.

Summary Authors

Erin Lichtenstein (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68118928/parties/pellant-v-detroit-tigers-inc/


Judge(s)

Cox, Sean Francis (Michigan)

Attorney for Plaintiff

Abeita, Mitchell C. (Michigan)

Carey, Raymond J. (Michigan)

Attorney for Defendant

Cohen, Daniel G. (Michigan)

Henry, Paige Alexandra (Michigan)

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Documents in the Clearinghouse

Document
1

2:23-cv-13288

Complaint

Dec. 27, 2023

Dec. 27, 2023

Complaint
6

2:23-cv-13288

Defendant's Motion to Dismiss

March 11, 2024

March 11, 2024

Pleading / Motion / Brief
16

2:23-cv-13288

Opinion and Order Granting in Part and Denying in Part Defendant's Motion to Dismiss (ECF NO. 6), Staying the Case, and Closing Case Administratively

Jan. 13, 2025

Jan. 13, 2025

Order/Opinion

2025 WL 85434

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68118928/pellant-v-detroit-tigers-inc/

Last updated Sept. 16, 2025, 9:47 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against Detroit Tigers, Inc. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9605453 - Fee: $ 405. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Carey, Raymond) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

Clearinghouse
2

SUMMONS Issued for *Detroit Tigers, Inc.* (KBro) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
3

ATTORNEY APPEARANCE: Thomas R. Paxton appearing on behalf of Detroit Tigers, Inc. (Paxton, Thomas) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER
4

WAIVER OF SERVICE Returned Executed. Detroit Tigers, Inc. waiver sent on 12/27/2023, answer due 2/26/2024. (Paxton, Thomas) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER
5

STIPULATION AND ORDER Extending Time for Defendant to Respond re 1 Complaint. (Responsive Pleading due by 3/11/2024) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 02/29/2024)

Feb. 29, 2024

Feb. 29, 2024

PACER
6

MOTION to Dismiss by Detroit Tigers, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Charge of Discrimination (Gary Pellant), # 3 Exhibit B: Charge of Discrimination(Johnson), # 4 Exhibit C: Determination and Notice of Rights (Pellant) 9-28-23, # 5 Exhibit D: Dismissal and Notice of Rights (Johnson) 9-11-23, # 6 Exhibit E: Collective and Class Action Complaint (Benedict) 6-21-23, # 7 Exhibit F: Fourth Amended Complaint) (Paxton, Thomas) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

Clearinghouse
7

ATTORNEY APPEARANCE: Paige Alexandra Henry appearing on behalf of Detroit Tigers, Inc. (Henry, Paige) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
8

NOTICE of Appearance by Mitchell Abeita on behalf of All Plaintiffs. (Abeita, Mitchell) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
9

STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS re 6 MOTION to Dismiss. (Response due by 4/5/2024, Reply due by 4/19/2024) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 04/01/2024)

April 1, 2024

April 1, 2024

PACER

Text-Only Reassignment

April 2, 2024

April 2, 2024

PACER

Text-Only Order of reassignment from District Judge Sean F. Cox to District Judge Brandy R. McMillion pursuant to Administrative Order 24-AO-007. (NAhm)

April 2, 2024

April 2, 2024

PACER
10

RESPONSE to 6 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Document Continuation Proposed Order) (Abeita, Mitchell) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
11

REPLY to Response re 6 MOTION to Dismiss filed by Detroit Tigers, Inc.. (Paxton, Thomas) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

PACER
12

NOTICE by All Plaintiffs Notice of Facts Properly Recognized as Matter of Judicial Notice (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Carey, Raymond) (Entered: 12/06/2024)

Dec. 6, 2024

Dec. 6, 2024

PACER
13

ATTORNEY APPEARANCE: Daniel G. Cohen appearing on behalf of Detroit Tigers, Inc. (Cohen, Daniel) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

PACER
14

NOTICE of Withdrawal of Attorney Thomas R. Paxton for on behalf of All Defendants. (Paxton, Thomas) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

PACER
15

ORDER WITHDRAWING THOMAS R. PAXTON AS COUNSEL FOR DEFENDANT. Signed by District Judge Brandy R. McMillion. (LHos) (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

PACER
16

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS (ECF NO. 6 ), STAYING THE CASE, AND CLOSING CASE ADMINISTRATIVELY. Signed by District Judge Brandy R. McMillion. (LHos) (Entered: 01/13/2025)

Jan. 13, 2025

Jan. 13, 2025

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Key Dates

Filing Date: Dec. 27, 2023

Closing Date: Jan. 13, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two baseball scouts over the age of 60.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Detroit Tigers, Inc. (Detroit, Wayne), Private Entity/Person

Case Details

Causes of Action:

State law

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discrimination Basis:

Age discrimination