No Jurisdiction Ruling in Rose Case Till July 17

A federal judge today said he will not decide until at least July 17 whether to move Pete Rose’s lawsuit against baseball Commissioner A. Bartlett Giamatti from state to federal court.

U.S. District Judge John D. Holschuh met with lawyers for both sides this afternoon and set a timetable for deciding jurisdiction for the lawsuit that will delay a decision for nearly two more weeks.

Holschuh gave baseball’s lawyers until July 12 to file papers arguing that the case should be taken from Hamilton County Common Pleas Judge Norbert A. Nadel. Rose’s lawyers will then have until July 17 to file their response.

Holschuh’s ruling means that a hearing for a preliminary injunction scheduled by Nadel for Thursday in Cincinnati cannot be held.

Nadel has granted Rose a temporary restraining order that prevents Giamatti from deciding the Cincinnati Reds manager’s fate. The order protects Rose from suspension or firing, and those protections will remain in effect while Holschuh considers the jurisdictional question.

Rose wants to keep his lawsuit in the state court in Cincinnati. But baseball argues that it should be moved to the federal court.

The question of which court gets to handle Rose’s lawsuit could be pivotal in deciding the outcome. Federal courts have repeatedly upheld the sweeping powers of the baseball commissioner, while Nadel has shown a willingness to go into what he described as “uncharted waters” in handling the lawsuit.

“Federal courts are much more aware of the needs of baseball and much more willing to accept the authority of baseball and the commissioner,” baseball lawyer Louis Hoynes Jr. said.

Rose’s lawyers had expected baseball to try to change the courtroom in which the lawsuit will be heard. They argue that the matter belongs in the state courts.

“Federal court has no jurisdiction over this case,” Robert Stachler, one of Rose’s lawyers, said.