Dumas
Dumas v. Major League Baseball Properties, Inc.
Opinion
Opinion
Brewster, J.
ORDER GRANTING MOTIONS TO STAY CASE PURSUANT TO THE FIRST-TO-FILE RULE; DENYING MOTIONS TO TRANSFER PURSUANT TO 28 U.S.C. § 1404 (a); DENYING MOTION TO CONSOLIDATE
I. Introduction
This Order encompasses three motions bearing on five different cases. First, the League and Player Licensor Defendants in Dumas et al. v. Major League Baseball Properties, et al. (“Dumas ”), case no. 98 CV 1772-B (AJB), and Defendant The Topps Company, Inc. (“Topps”) in Rodriquez et al. v. The Topps Company (“Rodriquez ”), case no. 99 CV 2121-B (AJB), bring motions to dismiss, transfer, or stay their respective cases pursuant to the “first-to-file” rule. Second, all Defendants in Dumas and Topps in Rodriquez bring motions to transfer venue of, or, in the alternative, to stay, these actions pursuant to 28 U.S.C. § 1404 (a). Finally, Plaintiffs bring a Motion to Consolidate the above-referenced cases with Schwartz v. Upper Deck, 96 CV 3408-B (AJB), Torres v. Pacific Trading Cards, Inc., 97 CV 1658-B (AJB), and Dumas v. Pinnacle Brands, Inc., 98 CV 1509-B (AJB).
II. Background
Plaintiffs have filed cases against various Manufacturers of trading cards and the Licensors of the supporting intellectual…