Garber et al v. MLB et al

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Text of Garber et al v. MLB et al

JS 44C/SDNY REV. 5/2010

12 CIV 3^04CIVIL COVER SHEETThe JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of

pleadings or other papers as required by taw, except as provided by local rules of court. This form, approved by theJudicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS

DEFENDANTS

Fernanda Garber, Marc Lerner, Derek Rasmussen andRobert Silver

Office of the Commissioner of Baseball, Major League Baseball Enterprises, Inc., etal.ATTORNEYS (IF KNOWN)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

Pomerantz Haudek Grossman & Gross LLP, 100 Park Ave., 26th Fir., New York, NY 10017, (212) 661-1100CAUSE OF ACTION (CITETHE U.S. CIVIL statute under which you are filing and write a brief statement OF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

15U.S.C. Sections 1 and 2

Has this or asimilar case been previously filed in SDNY at any time? No? Yes? [7] Judge Previously Assigned Honorable Kimba M. WoodIf yes, was this case Vol.D Invol. D Dismissed. No0 Yes d(PLACE AN [x] IN ONE BOX ONLY)

If yes, give date.

& Case No.

NATURE OF SUIT

ACTIONS UNDER STATUTES

TORTS

FORFEITURE/PENALTY PERSONAL INJURY

BANKRUPTCY

OTHER STATUTES

PERSONAL INJURY CONTRACT

[ 1610 [ ]620 []625

AGRICULTURE OTHER FOOD & DRUG DRUG RELATED SEIZURE OF PROPERTY21 USC 881

[ ] 422 APPEAL28 USC 158

[1400 STATEREAPPORTIONMENT

[ [ [ [

] 110 ] 120 ]130 ] 140

INSURANCE MARINE MILLER ACT NEGOTIABLEINSTRUMENT

[]310 AIRPLANE [1315 AIRPLANE PRODUCTLIABILITY

[ ]362[ ]365

PERSONAL INJURY MED MALPRACTICE PERSONAL INJURY PRODUCT LIABILITY ASBESTOS PERSONAL INJURY PRODUCT LIABILITY

[ ]423 WITHDRAWAL28 USC 157

X1410[ [ [ [

ANTITRUST

[ I 320 ASSAULT, LIBEL &SLANDER

[ ] 368

PROPERTY RIGHTS

1430 BANKS & BANKING ]450 COMMERCE ]460 DEPORTATION 1470 RACKETEER INFLUENCED & CORRUPT ORGANIZATION ACT

[ I 330

FEDERAL

[ ] 150 RECOVERY OFOVERPAYMENT &

EMPLOYERS'LIABILITY

ENFORCEMENT OF

|I

JUDGMENT[ ] 151 MEDICARE ACT

[ I 340 MARINE [ 1345 MARINE PRODUCTLIABILITY

PERSONAL PROPERTY

[ [ [ [

]630 ]640 ]650 ]660

LIQUOR LAWSRR & TRUCK AIRLINE REGS OCCUPATIONAL SAFETY/HEALTHOTHER

[ J 820 COPYRIGHTS [ J 830 PATENT [ ] 840 TRADEMARK

ii

[] 152 RECOVERY OFDEFAULTED

[ ]350 MOTOR VEHICLE [ 1355 MOTOR VEHICLEPRODUCT LIABILITY

[ 1370 OTHER FRAUD [ ]371 TRUTH IN LENDING [ ]380 OTHER PERSONALPROPERTY DAMAGE

[ ]690

SOCIAL SECURITY LABOR

[ [ [ [

(RICO) 1 480 CONSUMER CREDIT 1490 CABLE/SATELLITE TV ]810 SELECTIVE SERVICE ]850 SECURITIES/COMMODITIES/ EXCHANGE

i

STUDENT LOANS

I |i

|

[] 153 RECOVERY OF OVERPAYMENT OFVETERAN'S BENEFITS

(EXCL VETERANS)

[ ]360

OTHER PERSONAL INJURY

[ ]385

PROPERTY DAMAGE PRODUCT LIABILITY

[ ]710 [ I 720 [ I 730

I

[ ] 160 STOCKHOLDERS SUITS

I!

[ ] 190 OTHER CONTRACT[ ] 195 CONTRACT PRODUCT

FAIR LABOR STANDARDS ACT LABOR/MGMT RELATIONS LABOR/MGMT

[ [ [ [ [

]861 ] 862 ] 863 ] 864 ] 865

HIA(1395ff) BLACK LUNG (923) DIWC/DIWW (405(g)) SSID TITLE XVI RSI (405(g))

[ 1875

CUSTOMER

CHALLENGE 12 USC 3410

[ 1890 OTHER STATUTORYACTIONS

|j*

i

[ ]196 FRANCHISEACTIONS UNDER STATUTESCIVIL RIGHTS

LIABILITY

[ J 740 [ I 790PRISONER PETITIONS

REPORTING & FEDERAL TAX SUITS DISCLOSURE ACT RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff OTHER LABOR LITIGATION EMPL RET INC SECURITY ACT

[ 1891 AGRICULTURAL ACTS [ ) 892 ECONOMICSTABILIZATION ACT

or

[ 1893 ENVIRONMENTALMATTERS

Defendant) [ ] 871 IRS-THIRD PARTY26 USC 7609

[ I 894 ENERGYALLOCATION ACT

[ ]791

j

REAL PROPERTY

[ )895 FREEDOM OFINFORMATION ACT

|i

[ ]210 LAND CONDEMNATION[ ] 220 FORECLOSURE

[ J 441 VOTING [ ]442 EMPLOYMENT [1443 HOUSING/ [ ]444 []445ACCOMMODATIONS WELFARE AMERICANS WITH DISABILITIES EMPLOYMENT

[ ]510

MOTIONS TO VACATE SENTENCE 20 USC 2255

IMMIGRATION NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE OTHER IMMIGRATION ACTIONS

[ I 900 APPEAL OF FEEDETERMINATION

I! t

[ ]230 RENT LEASE &EJECTMENT [ ] 240 TORTS TOLANDLIABILITY

JI

[ ]245 TORT PRODUCT[ ]290ALL OTHER

[ [ [ [ [

[ ]462 ]530 HABEAS CORPUS 1535 DEATH PENALTY ]540 MANDAMUS & OTHER []463 ]550 CIVIL RIGHTS ]555 PRISON CONDITION [1465

UNDER EQUAL ACCESSTO JUSTICE

[ ]950 CONSTITUTIONALITYOF STATE STATUTES

|

[ ]446 AMERICANS WITHDISABILITIES -OTHER

|

REAL PROPERTY

[ ]440 OTHER CIVIL RIGHTS

Check if demanded in complaint:

R] CHECK IF THIS IS ACLASS ACTIONUNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

IF SO, STATE: OTHER

DEMAND $_

JUDGE Kimba M. WoodNOTE:

DOCKET NUMBER 12-CV-1817

Check YES only if demanded in complaint

JURY DEMAND: 0 YES

NO

Please submit at the time of filing an explanation of why cases are deemed related.

Attachment A

Defendants

Office of the Commissioner of Baseball, 245 Park Avenue, New York, New York (New York County) Major League Baseball Enterprises Inc., 245 Park Avenue, New York, New York (New York County)

MLB Advanced Media L.P., 75 Ninth Avenue, New York, New York (New YorkCounty)

DirecTV LLC, 2230 East Imperial Highway, El Segundo, California (Los AngelesCounty)

DirecTV Sports Networks LLC, 2230 East Imperial Highway, El Segundo, California (Los Angeles County)Root Sports Pittsburgh, 2230 East Imperial Highway, El Segundo, California (LosAngeles County)

Root Sports Rocky Mountain, 2230 East Imperial Highway, El Segundo, California (Los Angeles County)

Root Sports Northwest, 2230 East Imperial Highway, El Segundo, California (LosAngeles County)

Comcast Corp., 1701 John F. Kennedy Boulevard, Philadelphia, Pennsylvania(Philadelphia County)

Comcast Sportsnet Philly, L.P., 3601 South Broad Street, Philadelphia, Pennsylvania (Philadelphia County)Comcast Sportsnet Bay Area, L.P., 370 3rd Street, 2nd Floor, San Francisco, California (San Francisco County)

Comcast Sportsnet Chicago, L.P., 350 N. Orleans Street, Suite S1-100, Chicago,Illinois (Cook County)

Yankees Entertainment and Sports Networks, LLC, 405 Lexington Avenue, 36th Floor, New York, New York (New York County) Athletics Investment Group, LLC, 7000 ColiseumWay, Oakland, California (Alameda County) The Baseball Club of Seattle, L.P., 1250 First Avenue South, Seattle, Washington (King County) Chicago National League Ball Club, LLC, 1060 West Addison Street, Chicago, Illinois (Cook County)

Chicago White Sox, Ltd., 333 West 35th Street, Chicago, Illinois (Cook County)Colorado Rockies Baseball Club, Ltd., 2001 Blake Street, Denver, Colorado (Denver County)

New York Yankees Partnership, Yankee Stadium, One East 161st Street, Bronx, New York (Bronx County) The Phillies, L.P., Citizens Bank Park, One Citizens Bank Way, Philadelphia, Pennsylvania (Philadelphia County)

Pittsburgh Baseball, Inc., 115 Federal Street, Pittsburgh, Pennsylvania (Allegheny County)San Francisco Baseball Associates, L.P., 24 Willie Mays Plaza, San Francisco, California (San Francisco County)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

12 CJV 3704Civil Action No:ro CO

Fernanda Garber, Marc Lerner, Derek Rasmussen, and Robert Silver, representing themselves and all others similarly situated, Plaintiffs,

^*

co\0

) i t

--;CJX-

Office of the Commissioner of Baseball, Major League Baseball Enterprises Inc., MLB Advanced Media L.P., Directv LLC, Directv Sports Networks LLC, Root Sports Pittsburgh, Root Sports Rocky Mountain, Root Sports Northwest, Comcast Corp., Comcast Sportsnet Philly, L.P., Comcast Sportsnet Bay Area, L.P., Comcast Sportsnet Chicago, L.P., Yankees Entertainment and Sports Networks, LLC, Athletics Investment Group, LLC, The Baseball Club of Seattle, L.P., Chicago National League Ball Club, LLC, Chicago White Sox, Ltd., Colorado Rockies Baseball Club, Ltd., New York Yankees Partnership, The Phillies, L.P., Pittsburgh Baseball, Inc., and San Francisco Baseball Associates, L.P.,Defendants.

Ofen

CLASS ACTION COMPLAINT

JURY TRIAL DEMANDED

Plaintiffs Fernanda Garber, Marc Lerner, Derek Rasmussen, and Robert

Silver, by and through their attorneys, file this Complaint against Defendants and allege as follows:

I. NATURE OF THE ACTION

1.

Major League Baseball ("MLB" or "League") is comprised of thirty

separately owned and operated major league men's baseball clubs in the United

States and Canada. The MLB clubs, like other sports leagues, have structured theirgovernance to permit major decisions regarding on-field sporting competition and off-field business competition to be made by the club owners themselves. In so

doing, the owners act in their own economic self-interest, including entering into aseries of agreements that eliminate, restrict, and prevent off-field competition. These anti-competitive agreements go far beyond any cooperation reasonablynecessary to