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S.D.N.Y.Procedural orderFiled Oct. 24, 2024

MLB Players Inc. v. Underdog Sports, Inc.

Judge
Ronnie Abrams
Docket
1:24-cv-07958
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In MLB Players Inc. v. Underdog Sports, Inc., Judge Abrams ordered remand briefing first, postponing defendants’ responses until after the remand ruling.

Who this affects

MLB Players Inc., Underdog Sports, Inc., Underdog Sports LLC, Underdog Sports Wagering, LLC, and FanDuel Inc.

What happened

In MLB Players Inc. v. Underdog Sports, Inc., the court set the order for briefing on two anticipated matters: MLB Players Inc.’s request to send the case back to state court and the defendants’ motion to dismiss.

Underdog Sports, Inc. asked to extend its deadline to file a motion to dismiss and to use one schedule for both motions. FanDuel Inc. joined that request, while MLB Players Inc. proposed deciding the remand request first.

Judge Ronnie Abrams adopted MLB Players Inc.’s proposed schedule. The order does not decide whether the case will be sent back to state court or whether the motion to dismiss will succeed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
MLB Players Inc. v. Underdog Sports, Inc. · No. 1:24-cv-07958
Judge
Ronnie Abrams
Date
Oct. 24, 2024

Background

MLB Players Inc. had filed a motion to remand, meaning a request to send the case back to state court because the federal court allegedly lacks authority to hear it. Underdog Sports, Inc. asked the Court to extend its deadline for filing a motion to dismiss and to require simultaneous briefing on the remand and dismissal motions. FanDuel Inc. joined that request.

MLB Players Inc. instead proposed a sequence in which the remand motion would be briefed and decided before the motion to dismiss. The Court explained that a lack of authority to hear the case would end the federal court’s inquiry, so it would address remand first.

Order

The Court adopted MLB Players Inc.’s proposed schedule:

- MLB Players Inc.’s motion to remand: November 18, 2024 - Defendants’ opposition to the remand motion: December 2, 2024 - MLB Players Inc.’s reply: December 9, 2024 - Defendants’ responsive pleading or motion: 14 days after the Court’s order on remand

What the Order Decides

Judge Ronnie Abrams issued a scheduling order. The Court did not decide the remand motion, the motion to dismiss, or whether the federal court has jurisdiction over the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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