Chattanooga Pro Baseball, et al v. National Casualty Company, et al
| GREENJACKETS BASEBALL LLC, SWING BATTER SWING LLC, DBA South Bend Cubs, FORT WAYNE PROFESSIONAL BASEBALL LLC, DBA Fort Wayne TinCaps, EUGENE EMERALDS BASEBALL CLUB, INC., DBA Eugene Emeralds, FRISCO ROUGHRIDERS LP, DBA Frisco Roughriders, PANHANDLE BASEBALL CLUB, INC., DBA Amarillo Sod Poodles, SAJ BASEBALL LLC, MYRTLE BEACH PELICANS LP, DBA Myrtle Beach Pelicans, BOWIE BAYSOX BASEBALL CLUB LLC, INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC., DBA Inland Empire 66ers, COLUMBIA FIREFLIES LLC, DBA Columbia Fireflies, BOISE HOSPITALITY AND FOOD SERVICES LLC, FREDERICKSBURG BASEBALL LLC, DBA Fredericksburg Nationals, IDAHO FALLS BASEBALL CLUB, INC., DBA Idaho Falls Chukars, CHATTANOOGA PROFESSIONAL BASEBALL LLC, DBA Chattanooga Lookouts, AGON SPORTS AND ENTERTAINMENT LLC, BOISE PROFESSIONAL BASEBALL LLC, 7TH INNING STRETCH LLC, DBA Stockton Ports, JETHAWKS BASEBALL LP, DBA Lancaster Jethawks, GREENJACKETS HOSPITALITY FOOD & BEVERAGE SERVICES LLC, COLUMBIA CONCESSIONS & CATERING LLC, FREDERICK KEYS BASEBALL CLUB LLC, WEST VIRGINIA BASEBALL LLC, DBA West Virginia Power and SAN ANTONIO MISSIONS BASEBALL CLUB, INC., DBA San Antonio Missions |
| NATIONAL CASUALTY COMPANY, SCOTTSDALE INDEMNITY COMPANY and SCOTTSDALE INSURANCE COMPANY |
| 20-17422 |
| December 16, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| CHATTANOOGA PRO BASEBALL V. NATIONAL CASUALTY COMPANY |
| CHATTANOOGA PRO BASEBALL V. NATIONAL CASUALTY COMPANY |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Filed clerk order: The opening brief [ # 14 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 16 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11999742] (LA) [Entered: 02/10/2021 03:20 PM] |
| Filing 17 Filed (ECF) Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC Motion to take judicial notice of The 14th Judicial District's Order Denying Motion to Dismiss Pursuant to Rule 91A (Oct 15 2020) and the Plaintiff's Response in Opposition to Defendant's Amended 91A Motion to Dismiss (Oct 8 2020) in the matter of No. DC-20-05751-A. Date of service: 02/09/2021. [11998584] [20-17422] (Levy, Orrie) [Entered: 02/09/2021 06:33 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Date of service: 02/08/2021. [11996960] [20-17422] (Levy, Orrie) [Entered: 02/08/2021 07:44 PM] |
| Filing 15 Filed (ECF) Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC Motion to supplement record on appeal. Date of service: 02/08/2021. [11996958] [20-17422] (Levy, Orrie) [Entered: 02/08/2021 07:32 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Date of service: 02/08/2021. [11996956] [20-17422]--[COURT UPDATE: Attached corrected brief. 02/10/2021 by LA] (Levy, Orrie) [Entered: 02/08/2021 07:27 PM] |
| Filing 13 Added Attorney(s) Orrie Levy for party(s) Appellant 7th Inning Stretch LLC Appellant Frisco Roughriders LP Appellant SAJ Baseball LLC Appellant Chattanooga Professional Baseball LLC Appellant Myrtle Beach Pelicans LP Appellant Panhandle Baseball Club, Inc. Appellant Fredericksburg Baseball LLC Appellant Agon Sports and Entertainment LLC Appellant Greenjackets Baseball LLC Appellant Boise Hospitality and Food Services LLC Appellant Jethawks Baseball LP Appellant West Virginia Baseball LLC Appellant San Antonio Missions Baseball Club, Inc. Appellant Eugene Emeralds Baseball Club, Inc. Appellant Fort Wayne Professional Baseball LLC Appellant Frederick Keys Baseball Club LLC Appellant Columbia Fireflies LLC Appellant Inland Empire 66ers Baseball Club of San Bernardino, Inc. Appellant Swing Batter Swing LLC Appellant Boise Professional Baseball LLC Appellant Bowie Baysox Baseball Club LLC Appellant Columbia Concessions & Catering LLC Appellant Idaho Falls Baseball Club, Inc. Appellant Greenjackets Hospitality Food & Beverage Services LLC, in case 20-17422. [11996815] (RR) [Entered: 02/08/2021 05:08 PM] |
| Filing 12 Filed (ECF) notice of appearance of Orrie A. Levy (Cohen Ziffer Frenchman & McKenna LLP 1350 Avenue of the Americas New York, NY 10019) for Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Date of service: 02/08/2021. (Party was previously proceeding with counsel.) [11995777] [20-17422] (Levy, Orrie) [Entered: 02/08/2021 10:39 AM] |
| Filing 11 Added Attorney(s) Andrew L. Sandler for party(s) Appellant 7th Inning Stretch LLC Appellant Frisco Roughriders LP Appellant SAJ Baseball LLC Appellant Chattanooga Professional Baseball LLC Appellant Myrtle Beach Pelicans LP Appellant Panhandle Baseball Club, Inc. Appellant Fredericksburg Baseball LLC Appellant Agon Sports and Entertainment LLC Appellant Greenjackets Baseball LLC Appellant Boise Hospitality and Food Services LLC Appellant Jethawks Baseball LP Appellant West Virginia Baseball LLC Appellant San Antonio Missions Baseball Club, Inc. Appellant Eugene Emeralds Baseball Club, Inc. Appellant Fort Wayne Professional Baseball LLC Appellant Frederick Keys Baseball Club LLC Appellant Columbia Fireflies LLC Appellant Inland Empire 66ers Baseball Club of San Bernardino, Inc. Appellant Swing Batter Swing LLC Appellant Boise Professional Baseball LLC Appellant Bowie Baysox Baseball Club LLC Appellant Columbia Concessions & Catering LLC Appellant Idaho Falls Baseball Club, Inc. Appellant Greenjackets Hospitality Food & Beverage Services LLC, in case 20-17422. [11983194] (RR) [Entered: 01/27/2021 12:18 PM] |
| Filing 10 Attorney J. Michael Hennigan in 20-17422 substituted by Attorney Robin L. Cohen in 20-17422 [11983186] (RR) [Entered: 01/27/2021 12:12 PM] |
| Filing 9 Filed (ECF) notice of appearance of Andrew L Sandler (Mitchell Sandler LLC, 1120 20th Street NW, Suite 725, Washington, DC 20036) for Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Date of service: 01/27/2021. (Party was previously proceeding with counsel.) [11982787] [20-17422] (Sandler, Andrew) [Entered: 01/27/2021 09:16 AM] |
| Filing 8 Filed (ECF) notice of appearance of Robin L. Cohen (Cohen Ziffer Frenchman & McKenna LLP 1350 Avenue of the Americas, New York, NY 10019) for Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Substitution for Attorney J. Michael Hennigan, Esquire for Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC. Date of service: 01/27/2021. (Party was previously proceeding with counsel.) [11982637] [20-17422] (Cohen, Robin) [Entered: 01/27/2021 07:38 AM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11969960] (VS) [Entered: 01/20/2021 03:02 PM] |
| Filing 6 MEDIATION ORDER FILED: By 01/19/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11951153] (VS) [Entered: 01/04/2021 01:28 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 12/23/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11938342]. [20-17422] (AD) [Entered: 12/23/2020 12:44 PM] |
| Filing 4 Filed (ECF) Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC, West Virginia Baseball LLC and Appellees National Casualty Company, Scottsdale Indemnity Company and Scottsdale Insurance Company Mediation Questionnaire. Date of service: 12/23/2020. [11938022] [20-17422] (Hennigan, J.) [Entered: 12/23/2020 10:27 AM] |
| Filing 3 Added Attorney(s) Michael Hiram Carpenter for party(s) Appellee Scottsdale Indemnity Company Appellee National Casualty Company Appellee Scottsdale Insurance Company. [11936586] (RL) [Entered: 12/22/2020 10:44 AM] |
| Filing 2 Filed (ECF) notice of appearance of Michael Hiram Carpenter (Carpenter Lipps & Leland LLP, 280 Plaza, 280 North High Street, Suite 1300, Columbus, OH 43215) for Appellees Scottsdale Indemnity Company, Scottsdale Insurance Company and National Casualty Company. Date of service: 12/22/2020. (Party was previously proceeding with counsel.) [11936573] [20-17422] (Carpenter, Michael) [Entered: 12/22/2020 10:38 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC Mediation Questionnaire due on 12/23/2020. Appellants 7th Inning Stretch LLC, Agon Sports and Entertainment LLC, Boise Hospitality and Food Services LLC, Boise Professional Baseball LLC, Bowie Baysox Baseball Club LLC, Chattanooga Professional Baseball LLC, Columbia Concessions & Catering LLC, Columbia Fireflies LLC, Eugene Emeralds Baseball Club, Inc., Fort Wayne Professional Baseball LLC, Frederick Keys Baseball Club LLC, Fredericksburg Baseball LLC, Frisco Roughriders LP, Greenjackets Baseball LLC, Greenjackets Hospitality Food & Beverage Services LLC, Idaho Falls Baseball Club, Inc., Inland Empire 66ers Baseball Club of San Bernardino, Inc., Jethawks Baseball LP, Myrtle Beach Pelicans LP, Panhandle Baseball Club, Inc., SAJ Baseball LLC, San Antonio Missions Baseball Club, Inc., Swing Batter Swing LLC and West Virginia Baseball LLC opening brief due 02/09/2021. Appellees National Casualty Company, Scottsdale Indemnity Company and Scottsdale Insurance Company answering brief due 03/11/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11929378] (JBS) [Entered: 12/16/2020 09:13 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
