Rose Asks That Suit Be Returned to Ohio Court

Attorneys for Pete Rose asked a federal judge today to send Rose’s suit against baseball back to a state court because allegations of local bias are not grounds for a move to the federal system.

Their arguments were contained in a brief filed shortly before a noon deadline in U.S. District Court. There was no immediate indication when Judge John Holschuh would rule.

The memo said baseball’s “irrelevant ramblings about some supposed federal interest” were no basis to move the case and it accused baseball of making “thinly veiled attacks on Ohio’s state courts.”

It also said neither baseball nor the Reds was properly joined as defendants.

Memo to Court

“Under governing law, all doubts must be resolved in favor of remanding this case to state court,” the memo said.

Baseball’s attorneys are seeking to move the case to federal court on grounds of diversity of citizenship. Such a move is permitted when the parties on each side of a lawsuit are from different states.

Rose is a resident of Ohio; Commissioner Bart Giamatti lives in New York.

It has been 120 days since Giamatti’s office announced an investigation of Rose. The commissioner appeared to be close to making a decision at the end of May, but Rose got a delay in his hearing and then a court order that temporarily took the matter out of the commissioner’s hands.

While the case languishes in the courts, Rose remains the team’s manager, protected by the court from suspension or firing. Legal experts say it could be several more months before anything is settled.

“We’re far from halfway through the court case,” said Charles Wilson, an Ohio State law professor who teaches a course in civil procedure. “The court case is just barely starting.”

Wilson said it could take Holschuh several weeks or even several months to rule.