MAJOR LEAGUE BASEBALL PROPERTIES, INC. v. PRICE

Nos. 98 CV 5894, 98 CV 5947 and 98 CV 6023.

105 F.Supp.2d 46 (2000)

MAJOR LEAGUE BASEBALL PROPERTIES, INC., National Football League Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P., Plaintiffs, v. Steven PRICE, Barry Elgort, Lance Kuba, Patricia Sullivan, Sean Sullivan, Marty Schwartz, Jeffrey Fishman, Irene Torres, Jon Rodriguez, and all other similarly situated persons, Defendants. National Football League Players, Inc., Plaintiff, v. Lance Kuba, Marty Schwartz, Irene Torres, as Guardian ad litem for Jon Rodriguez on behalf of themselves and all others similarly situated, Defendants. Topps Company, Plaintiff, v. Steven Price, Barry Elgort, Irene Torres, Jon Rodriguez, Bruce Laxer, and all other similarly situated persons, Defendants.

United States District Court, E.D. New York.

March 14, 2000.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom (James A. Keyte, Peter S. Julian Shepard Goldfein, of counsel), New York City, for plaintiffs Major League Baseball Properties, Inc., National Football League Properties, Inc., NBA Properties, Inc. NHL Enterprises, L.P., and Topps Co.

Weil, Gotshal & Manges (James W. Quinn, of counsel), New York City, for plaintiff National Football League Players, Inc.

Willkie Farr & Gallagher (Richard L. Klein and Martin B. Klotz, of counsel), New York City, for plaintiff Topps Co.

Milberg, Weiss, Bershad, Hynes & Lerach, LLP (Michael C. Spencer and Melvyn I. Weiss, of counsel) New York City, for defendants Lance Kuba, Marty Schwartz, and Steven Price.

Milberg, Weiss, Bershad, Hynes & Lerach, LLP (William Lerach, Alan Mansfield, Randall J. Baron and James Swiderski, of counsel), San Diego, CA, for defendants.

Milberg, Weiss, Bershad, Hynes & Lerach, LLP (Kevin P. Roddy, of counsel), Los Angeles, CA, for defendants.

Law Offices of Harry C. Batchelder, Jr. (Harry C. Batchelder, Jr., of counsel), New York City, for defendants.

Moritt, Hock & Hamroff, LLP (Neil J. Moritt and Alan S. Hock, of counsel), Garden City, NY, for defendants.


MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiffs, licensors and manufacturers of sports and entertainment trading cards (collectively "licensors and manufacturers"), bring this consolidated action for a declaratory judgment and an injunction against a defendant class of alleged sports and entertainment trading card purchasers (the "card purchasers"). The licensors and manufacturers seek a declaration that the card purchasers lack standing to sue...

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