This Order encompasses three motions bearing on five different cases.
First, the League and Player Licensor Defendants*fn1 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.*fn2 Second, all Defendants in
Dumas*fn3 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-P (AJB), Torres v. Pacific Trading Cards, Inc., 97 CV 1658-B (AJB),
and Dumas v. Pinnacle Brands, Inc., 98 CV 1509-B (AJB).
Plaintiffs have filed cases against various Manufacturers of trading
cards and the Licensors of the supporting intellectual property in
thirteen separate cases involving four federal judicial districts
alleging, primarily, various RICO violations. The various actions are set
Major League Baseball Properties, v. Price, Elgort, Kuba, Sullivans,
NFL Properties, NBA Properties, Fishman, Torres, Rodriquez,
NHL Enterprises Schwartz
(filed Sept. 22, 1998)