Rose v. Giamatti

721 F. Supp. 906 (S.D. Ohio 1989)

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Nature of the Case

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Facts

P a baseball figure of national reputation closely identified with the Cincinnati Reds and the City of Cincinnati. In February, Commissioner of Baseball Peter V. Ueberroth and then Commissioner of Baseball-elect, D, initiated an investigation regarding allegations that P wagered on major league baseball games. D ultimately scheduled a hearing concerning the allegations for June 26, 1989. P filed an action in the Court of Common Pleas seeking a temporary restraining order and preliminary injunction against the pending disciplinary proceedings. Named as defendants were D, Major League Baseball, and the Cincinnati Reds. P's contention is that he will be denied the right to a fair hearing on the gambling allegations by an unbiased decisionmaker. The court issued a temporary restraining order on June 25, 1989. D then filed a notice of removal of the action from the state court to the United States District Court contending that the federal court has diversity jurisdiction over this action. P filed a motion to remand this action to the Court of Common Pleas asserting that there is a lack of complete diversity of citizenship between himself and Ds and that even if complete diversity exists, D waived his right of removal by participating in the above-described proceedings in the state courts.