Nix v. Major League Baseball
| Neiman Nix |
| Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., doing business as Oakland Athletics Baseball Company, AZPB Limited Partnership, Associated Press, Incorporated, Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, NSF International, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice, Zachary Grant Antero Britton and John and Jane Doe (1-10) |
| 22-20364 |
| July 18, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Fraud |
Docket Report
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| Document Text |
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| SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED Date of Service: 10/03/2022 [22-20364] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball and Robert D. Manfred, Jr. Date of Service: 10/03/2022 via email - Attorney for Appellees: Johnson, Lake, LoCicero, Martinez, McCarthy, Norris, Patterson, Riviere-Badell, Rubin, Spitaletto, Williams, Wyman, Zucker; US mail - Appellant Nix [22-20364] (Adriana Riviere-Badell ) [Entered: 10/03/2022 05:05 PM] |
| REPLY filed by [9951553-1] to the Response/Opposition filed by Appellant Mr. Neiman Nix in 22-20364 [ # 9946134-2 ]. Date of Service: 09/30/2022. [22-20364] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellees Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball and Robert D. Manfred, Jr. [9951553-1] to the filed by Appellees Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Associated Press, Incorporated, Mr. Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, NFI Consumer Products, NSF International, Mr. Howie Rumberg and USA Today, Incorporated [ # 9932191-2 ], to the filed by Appellees Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Associated Press, Incorporated, Mr. Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, NFI Consumer Products, NSF International, Mr. Howie Rumberg and USA Today, Incorporated [ # 9932191-3 ], to the filed by Appellant Mr. Neiman Nix [ # 9946134-2 ]. Date of Service: 09/30/2022 via email - Attorney for Appellees: Johnson, Lake, LoCicero, Martinez, McCarthy, Norris, Patterson, Riviere-Badell, Rubin, Spitaletto, Williams, Wyman, Zucker; US mail - Appellant Nix. [22-20364] (Adriana Riviere-Badell ) [Entered: 09/30/2022 03:04 PM] |
| Paper copies of Appellant Reply Brief filed by Appellant Mr. Neiman Nix in 22-20364 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [22-20364] (CMB) [Entered: 09/28/2022 08:20 AM] |
| Paper copies of Appellant Brief filed by Appellant Mr. Neiman Nix in 22-20364 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-20364] (CMB) [Entered: 09/28/2022 08:17 AM] |
| Paper copies of Appellee Brief filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [22-20364] (SDH) [Entered: 09/26/2022 04:05 PM] |
| CLERK ORDER granting Motion to file response out of time filed by Appellant Mr. Neiman Nix [ # 9945693-2 ] [22-20364] (SDH) [Entered: 09/23/2022 03:06 PM] |
| MOTION filed by Appellant Mr. Neiman Nix to file an out of time response [9945693-2] to the Motion for damages Rule 38 filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 [ # 9932191-2 ], Motion for extraordinary relief filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 [ # 9932191-3 ]. Date of service: 09/23/2022 [22-20364] (SDH) [Entered: 09/23/2022 11:10 AM] |
| RESPONSE/OPPOSITION filed by Mr. Neiman Nix [9946134-1] to the Motion for damages Rule 38 filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 [ # 9932191-2 ], Motion for extraordinary relief filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 [ # 9932191-3 ] Date of Service: 09/16/2022. [22-20364] (SDH) [Entered: 09/23/2022 03:19 PM] |
| PAPER COPIES REQUESTED for the Appellant Reply Brief filed by Appellant Mr. Neiman Nix in 22-20364 [ # 9941861-2 ], Appellee Brief filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton in 22-20364 [ # 9932178-2 ], Appellant Brief filed by Appellant Mr. Neiman Nix in 22-20364 [ # 9910223-2 ]. Paper Copies of Brief due on 09/27/2022 for Appellees AZPB Limited Partnership, Angels Baseball L.P., Associated Press, Incorporated, Athletics Investment Group L.L.C., Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred Jr., NFI Consumer Products, NSF International, Howie Rumberg and USA Today, Incorporated and Appellant Neiman Nix. [22-20364] (SDH) [Entered: 09/22/2022 08:48 AM] |
| COURT ORDER carrying with the case Appellees' Joint Motion for for the Court to issue an injunction prohibiting Nix from filing any new lawsuit in any court with this Circuit against the Appellees, etc. filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton [ # 9932191-3 ]; carrying with the case Motion for damages Rule 38 filed by Appellees NSF International, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred, Jr., Major League Baseball Players Association, Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated, USA Today, Incorporated, Gatorade Company, NFI Consumer Products, Cytosport, Incorporated, Klean Athlete, Informed Choice and Mr. Zachary Grant Antero Britton [ # 9932191-2 ] [22-20364] (SDH) [Entered: 09/21/2022 01:49 PM] |
| ATTORNEY NOT PARTICIPATING. Jeffery Demain is designated as inactive in this case. Reason:not listed on brief and no appearance form filed. [22-20364] (SDH) [Entered: 09/21/2022 03:38 PM] |
| APPELLANT'S REPLY BRIEF FILED by Mr. Neiman Nix. # of Copies Provided: 0 Reply Brief deadline satisfied [22-20364] (SDH) [Entered: 09/19/2022 10:32 AM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Opposition to Appellees' motion for sanctions and exhibits in support of opposition received from Appellant Mr. Neiman Nix because it is filed out of time [22-20364] (SDH) [Entered: 09/19/2022 10:55 AM] |
| APPEARANCE FORM FILED by Attorney(s) Grant Bellows Martinez for party(s) Appellee Robert D. Manfred Jr. Appellee Athletics Investment Group L.L.C. Appellee Major League Baseball, Office of the Commissioner of Baseball Appellee AZPB Limited Partnership Appellee Angels Baseball L.P., in case 22-20364 [22-20364] (SDH) [Entered: 09/07/2022 09:08 AM] |
| APPEARANCE FORM FILED by Attorney(s) Elizabeth Anne Wyman for party(s) Appellee Robert D. Manfred Jr. Appellee Athletics Investment Group L.L.C. Appellee Major League Baseball, Office of the Commissioner of Baseball Appellee AZPB Limited Partnership Appellee Angels Baseball L.P., in case 22-20364 [22-20364] (SDH) [Entered: 09/07/2022 01:36 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Grant Bellows Martinez ) [Entered: 09/02/2022 04:11 PM] |
| APPELLEE'S BRIEF FILED by Associated Press, Incorporated, Mr. Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, NFI Consumer Products, NSF International, Mr. Howie Rumberg and USA Today, Incorporated. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 09/23/2022 for Appellant Neiman Nix [22-20364] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball and Robert D. Manfred, Jr.. Date of service: 09/02/2022 via email - Attorney for Appellees: Demain, Johnson, Lake, LoCicero, McCarthy, Norris, Patterson, Riviere-Badell, Rubin, Spitaletto, Williams, Zucker; US mail - Appellant Nix [22-20364] (Adriana Riviere-Badell ) [Entered: 09/02/2022 05:46 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Elizabeth Anne Wyman ) [Entered: 09/02/2022 04:09 PM] |
| OPPOSED JOINT Motion filed by Appellees Associated Press, Incorporated, Mr. Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, NFI Consumer Products, NSF International, Mr. Howie Rumberg and USA Today, Incorporated for the Court to issue an injunction prohibiting Nix from filing any new lawsuit in any court within this Circuit against the Appellees herein or other MLB- or MLBPA-related entities without first presenting it to the Chief Judge for the U.S. District Court for the Southern District of Texas (or her designee) to determine whether the issues contained in the new lawsuit have been previously decided [9932191-3], for damages under Rule 38 [9932191-2] Date of Service: 09/02/2022. Response/Opposition due on 09/12/2022. [22-20364] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball and Robert D. Manfred, Jr. for sanctions against Neiman Nix. Date of service: 09/02/2022 via email - Attorney for Appellees: Demain, Johnson, Lake, LoCicero, McCarthy, Norris, Patterson, Riviere-Badell, Rubin, Spitaletto, Williams, Zucker; US mail - Appellant Nix [22-20364] (Adriana Riviere-Badell ) [Entered: 09/02/2022 06:03 PM] |
| APPEARANCE FORM FILED by Attorney Nancy Lynne Patterson for Appellee Cytosport, Incorporated in 22-20364, Attorney Nancy Lynne Patterson for Appellee Gatorade Company in 22-20364 [22-20364] (SDH) [Entered: 08/05/2022 01:10 PM] |
| APPEARANCE FORM received from Mr. Patrick Michael McCarthy for NSF International for the court's review. Lead Counsel? Yes. [22-20364] (Patrick Michael McCarthy ) [Entered: 08/05/2022 09:49 AM] |
| APPEARANCE FORM FILED by Attorney Patrick Michael McCarthy for Appellee NSF International in 22-20364 [22-20364] (SDH) [Entered: 08/05/2022 03:25 PM] |
| APPELLANT'S BRIEF FILED by Mr. Neiman Nix. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 09/06/2022 for Appellees AZPB Limited Partnership, Angels Baseball L.P., Associated Press, Incorporated, Athletics Investment Group L.L.C., Zachary Grant Antero Britton, Cytosport, Incorporated, ESPN, Incorporated, Gatorade Company, Informed Choice, Klean Athlete, Major League Baseball Players Association, Major League Baseball, Office of the Commissioner of Baseball, Robert D. Manfred Jr., NFI Consumer Products, NSF International, Howie Rumberg and USA Today, Incorporated [22-20364] (SDH) [Entered: 08/08/2022 10:14 AM] |
| APPEARANCE FORM received from Ms. Nancy Lynne Patterson for Cytosport, Incorporated and Gatorade Company for the court's review. Lead Counsel? Yes. [22-20364] (Nancy Lynne Patterson ) [Entered: 08/04/2022 05:04 PM] |
| APPEARANCE FORM FILED by Attorney(s) James E. Zucker for party(s) Appellee Robert D. Manfred Jr. Appellee Athletics Investment Group L.L.C. Appellee Major League Baseball, Office of the Commissioner of Baseball Appellee AZPB Limited Partnership Appellee Angels Baseball L.P., in case 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 04:24 PM] |
| APPEARANCE FORM FILED by Attorney(s) Carol Jean LoCicero for party(s) Appellee Associated Press, Incorporated Appellee Howie Rumberg Appellee USA Today, Incorporated Appellee ESPN, Incorporated, in case 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 04:21 PM] |
| APPEARANCE FORM FILED by Attorney James B. Lake for Appellee USA Today, Incorporated in 22-20364, Attorney James B. Lake for Appellee ESPN, Incorporated in 22-20364, Attorney James B. Lake for Appellee Howie Rumberg in 22-20364, Attorney James B. Lake for Appellee Associated Press, Incorporated in 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 03:53 PM] |
| APPEARANCE FORM received from Mr. James B. Lake for Associated Press, Incorporated, ESPN, Incorporated, Mr. Howie Rumberg and USA Today, Incorporated for the court's review. Lead Counsel? Yes. [22-20364] (James B. Lake ) [Entered: 08/03/2022 10:56 AM] |
| ATTORNEY NOT PARTICIPATING. Zachary Charles Ewing is designated as inactive in this case. Reason:counsel has advised that he is not participating in the appeal. [22-20364] (SDH) [Entered: 08/03/2022 10:14 AM] |
| Attorney Mr. James B. Lake for Appellees Associated Press, Incorporated, Mr. Howie Rumberg, ESPN, Incorporated and USA Today, Incorporated is advised to resubmit an appearance form. Reason: No signature on appearance form. [22-20364] (LBM) [Entered: 08/03/2022 09:59 AM] |
| Attorney Carol LoCicero is advised to resubmit an appearance form. Reason: No signature on appearance form. [22-20364] (LBM) [Entered: 08/03/2022 09:30 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (James E. Zucker ) [Entered: 08/03/2022 11:37 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Carol Jean LoCicero ) [Entered: 08/03/2022 11:00 AM] |
| APPEARANCE FORM FILED by Attorney(s) Michael Rubin for party(s) Appellee Zachary Grant Antero Britton Appellee Major League Baseball Players Association, in case 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 02:00 PM] |
| APPEARANCE FORM FILED by Attorney(s) Sydney Sgambato Johnson for party(s) Appellee Robert D. Manfred Jr. Appellee Athletics Investment Group L.L.C. Appellee Major League Baseball, Office of the Commissioner of Baseball Appellee AZPB Limited Partnership Appellee Angels Baseball L.P., in case 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 01:55 PM] |
| APPEARANCE FORM FILED by Attorney Adriana Riviere-Badell for Appellee AZPB Limited Partnership in 22-20364, Attorney Adriana Riviere-Badell for Appellee Athletics Investment Group L.L.C. in 22-20364, Attorney Adriana Riviere-Badell for Appellee Angels Baseball L.P. in 22-20364, Attorney Adriana Riviere-Badell for Appellee Robert D. Manfred Jr. in 22-20364, Attorney Adriana Riviere-Badell for Appellee Major League Baseball, Office of the Commissioner of Baseball in 22-20364 [22-20364] (SDH) [Entered: 08/03/2022 01:57 PM] |
| ATTORNEY NOT PARTICIPATING. Maurice Sayeh is designated as inactive in this case. Reason: Attorney is no longer employed with the law firm. [22-20364] (SEP) [Entered: 08/03/2022 01:45 PM] |
| APPEARANCE FORM received from Mr. James B. Lake for Associated Press, Incorporated, ESPN, Incorporated, Mr. Howie Rumberg and USA Today, Incorporated for the court's review. Lead Counsel? Yes. [22-20364] (James B. Lake ) [Entered: 08/02/2022 03:52 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Carol Jean LoCicero ) [Entered: 08/02/2022 03:50 PM] |
| APPEARANCE FORM received from Mrs. Adriana Riviere-Badell for Angels Baseball L.P., Athletics Investment Group L.L.C., AZPB Limited Partnership, Major League Baseball, Office of the Commissioner of Baseball and Robert D. Manfred, Jr. for the court's review. Lead Counsel? Yes. [22-20364] (Adriana Riviere-Badell ) [Entered: 08/02/2022 04:00 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Sydney Sgambato Johnson ) [Entered: 08/02/2022 04:05 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20364] (Michael Rubin ) [Entered: 08/02/2022 07:08 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20364] (Trenton H. Norris ) [Entered: 08/01/2022 01:16 PM] |
| APPEARANCE FORM FILED by Attorney(s) Trenton H. Norris for party(s) Appellee Klean Athlete, in case 22-20364 [22-20364] (SDH) [Entered: 08/01/2022 04:20 PM] |
| APPEARANCE FORM FILED by Attorney(s) Thomas M. Spitaletto for party(s) Appellee Informed Choice, in case 22-20364 [22-20364] (SDH) [Entered: 08/01/2022 10:57 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20364] (Thomas M. Spitaletto ) [Entered: 07/29/2022 10:29 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9897185-2] Initial AA Check Due satisfied. [22-20364] (SDH) [Entered: 07/21/2022 08:32 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:21-CV-4180. Electronic ROA due on 08/05/2022. [22-20364] (SDH) [Entered: 07/21/2022 08:37 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [22-20364] (SEP) [Entered: 07/21/2022 01:34 PM] |
| BRIEFING NOTICE ISSUED. A/Pet's Brief Due on 08/30/2022 for Appellant Neiman Nix. [22-20364] (SEP) [Entered: 07/21/2022 01:35 PM] |
| PARTY LIMIT CASE. (FOR A FULL LIST OF PARTIES FOR THIS APPEAL, PLEASE REFER TO THE DISTRICT COURT'S DOCKET SHEET.) [22-20364] (ABT) [Entered: 07/20/2022 01:48 PM] |
| PRIVATE CIVIL DIVERSITY CASE docketed. NOA filed by Appellant Mr. Neiman Nix [22-20364] (ABT) [Entered: 07/18/2022 03:01 PM] |
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