Payne v. Office of the Commissioner of Baseball et al

Northern District of California, cand-4:2015-cv-03229

ORDER REQUIRING SUPPLEMENTAL BRIEFING re {{52}} MOTION to Dismiss PLAINTIFFS' FIRST AMENDED. Signed by Judge Yvonne Gonzalez Rogers on 3/22/16.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 GAIL PAYNE, ET AL., 7 Case No. 15-cv-03229-YGR Plaintiffs, 8 v. ORDER REQUIRING SUPPLEMENTAL 9 BRIEFING OFFICE OF THE COMMISSIONER OF 10 BASEBALL, ET AL., Re: Dkt. No. 52 11 Defendants. 12 Northern District of California United States District Court 13 Defendants have moved to dismiss on a number of grounds, including on the ground that 14 plaintiffs lack standing to assert their claims or obtain the relief sought. (Dkt. No. 52.) The 15 motion was heard on March 22, 2016. The Court hereby ORDERS each side to submit a 16 supplemental brief of no more than five (5) pages by April 1, 2016, addressing whether the Court 17 should allow limited jurisdictional discovery. The contemplated jurisdictional discovery would be 18 narrowly tailored to address solely the issue of standing; in particular, the probability that a given 19 individual, seated in plaintiffs' specific sections at the two California stadiums in question, will be 20 hit by a stray ball or bat in the course of a given game or season. See Am. W. Airlines, Inc. v. GPA 21 Grp., Ltd., 877 F.2d 793, 801 (9th Cir. 1989); Gordon v. City of Moreno Valley, 687 F. Supp. 2d 22 930, 940 (C.D. Cal. 2009). 23 IT IS SO ORDERED. 24 Dated: March 25, 2016 25 ______________________________________ YVONNE GONZALEZ ROGERS 26 UNITED STATES DISTRICT COURT JUDGE 27 28