Judge Gives Rose Lawyers Until July 17

Manager Pete Rose, facing the threat of a lifetime suspension for allegedly betting on his Cincinnati Reds, received assurance Wednesday that he will not be suspended or fired for at least two more weeks.

Judge John D. Holschuh of the U.S. District Court in Columbus, Ohio, gave Rose’s lawyers until July 17 to file arguments for keeping their lawsuit against Commissioner Bart Giamatti in a Cincinnati state court. Lawyers for Giamatti, seeking to move the case to a federal court, must file by July 12.

The respective attorneys met with Holschuh Wednesday and agreed that Rose will continue to be protected against suspension or firing while Holschuh considers whether a federal or state court has jurisdiction.

Rose was initially protected against suspension or firing by a 14-day temporary restraining order issued June 25 by Judge Norbert A. Nadel of the Common Pleas Court of Hamilton County, Ohio.

Nadel ruled at the time in support of Rose’s contention that Giamatti had prejudged his investigation into Rose’s alleged gambling activities and issued the temporary restraining order that prevented Giamatti from conducting a hearing June 26 that might have resulted in Rose’s suspension.

Nadel, at the time, had scheduled a hearing for today on Rose’s request for a preliminary injunction against Giamatti, but that was set aside by Holschuh’s delay in deciding where the case belongs.

The new timetable means that it could be late July or early August before an injunction hearing is held and long after that--if Rose is granted the injunction--before determination on his status is reached.

Because of that, there was increased speculation Wednesday that a settlement, which would allow Rose to finish the season before agreeing to bow out as the Reds’ manager on his own terms, is in the works.

However, Deputy Commissioner Francis Vincent said there were no new or continuing discussions regarding a resolution, although he added, “We will entertain any proposal that does not diminish the authority of the commissioner.”

Or, put another way, any proposal that does not require Giamatti to step aside in this matter.

In the meantime, attorneys for Giamatti had filed Monday to have the case moved to a federal court, where the commissioner’s authority has been repeatedly upheld and where presiding judges are appointed and not elected, as they are for state courts. Nadel, a state judge in Rose’s hometown, faces reelection next year.

The U.S. District Court in Cincinnati responded to Giamatti’s motion by expressing doubt that the case belonged in a federal court but acknowledged that technical requirements had been met.

Thus, it was assigned to the Columbus-based Holschuh because, according to the Cincinnati court, Rose “is not just another litigant. He is instead a baseball figure of national reputation closely identified with the Cincinnati Reds and the city of Cincinnati. Under such circumstances, it would appear advisable that it be transferred to a city of the southern district of Ohio other than Cincinnati.”

Robert Stachler, Rose’s lead attorney, responded Wednesday with a motion to return the case to state court and lashed out at the commissioner in his filing.

Stachler wrote that by turning to the federal courts, Giamatti was trying to hand Rose “a predetermined death sentence.”

He also alluded to Nadel’s initial decision and the state appeal court’s rejection of Giamatti’s attempt to have the restraining order suspended as he wrote: “By taking two strikes in the state courts, baseball now tries to avert Strike 3 by removing this proceeding to what it hopes will be a more favorable venue.”

It was in response to Stachler’s motion Wednesday that Holschuh met with both sides and established his new timetable. Stachler said he was pleased.