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HomeMy WebLinkAbout03-4420, 'iMPORTANT NOTICE YOU ARE IN DEFAULT I~EC;~USE YOU FAILED TO FILE A COMPLAINT IN UNLESS YOU ACT WITHIN ~ DATE OF THIS NOTICE; ~ING AND ¥OD TO SUE' PROPERTY YOU SHOULD TAKE. THIS PAPER TO LAWYER AT ONCE. IF YOU DO NOT LAWYERi GO TO £ SET FORTH BELOW. VIDE YOU ING A LAWYER. IF YOU CANNOT AFFORD TO HIE YER THIS OFFICE MA5 YOU WITH INFORaM_ATION ABOUT THAT MAY OFFER LEGAL SERVICES TO , (~Jephoge N~ber) ' ~,, ~: (Si~mre ~f Defen~nt or httpmey) ~, Note: ~e office sh~ be ~at desi~ated by the court under Adopted D~, 2, 1994, ~ come,ted Jan. 12, 1995, effe~ive J~ 1; 1~5. ~ended June 10, 2~3, effe~ive Sept. 1, ~: Fo~ of No~ce Rule 237.4 pres~bes the form of notice when a jud~ent of non pros is to be entered; R~e 237.5 prescribes the fora of notice when a jud~ent by default is sou~t. Each fo~ 0f notice is universal, applying to ~1 plaintiffs or defenders ~ .533 ~ ~ pi_ n~ ~i77FF ST.~TLEY BETH"iA, P!ain=iff VS. NATiC~L FCCTB~L L~.GL~ Defendant Z'.~ THE COURT OF COMMOn[ PLEAS DAUPHIN COUNTY, PE~E~SYLV~-XIIA CiViL ACTION--LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The National Football League, by and through its counsel, McNees, Wallace & Nurick, hereby makes the following Pre!imina~¢ Objections to Plaintiff's Complaint: PRELIMINARY O~J-~CTZO~ IN THE NATURE CF A DE'..~TJRRER TO COUN"FS I ~N~D_ I! OF PLAINTIFF'S COMPLA.!NT I. As Plaintiff sets forth in Paragraph 4 of his Complaint, in 1997, P!ain=iff filed an ac=ion in Fe~era! Court against Defendant based upon the same factual ~!legations set forth in ~his Complaint. 2. A true and correct copy of the Complaint filed by Plaintiff in the Federal Cour~ is attached hereto, made a part hereof, and marked Exhibit 3. In the Federal action, Plaintiff moved to amend his Complaint to add claims for fraud and negligen= misrepresenta- tion. A true and correct copy of that Motion to Amend is at~ached hereto, made a part hereof, and marked Exhibit As PlainTiff also s~aceS in Paragraph 4 of Complainc, final jud~men~ was entered by the Middle District Court in P!ainciff's Federal court action. A True and ccrrec~ copy of Judge Ca!dwe!l's Order dated October 31, 1997 is accached hereto, made a part hereof, and marked Ex_hibiT ~C". 5. As set forth in Judge Caldwe!l's Order (E~kibit before dismissing the case, Judge Caldwe!l granted Plaintiff's Motion to Amend his Complain~ to add claims for fraud and negligent misrepresentation. 2. In the ~edera! Court Order, Plaintiff's Complaint discrimination, £raul 7. In the instant ac~i0n, Plm~m~if~ fails to claim upon which relief can be granted because his barre~ by the ~octrine of res judicata. 8. That is, the parties to both actions are the the Court dismissed including the claims of age and n~gtigent misrepresentation. set forth a c!alm~ ~re same, Plain=iff's claims are based upon the same factual background, ~nd the ultimate and con~rolling issues are identical. 9. S~cause Plaintiff has already had an opportunity to appear and assert his rights in Federal Court, the instant action is barred by the doctrine of res judicata. ~HER~FORE, Defendant National Football League, respectfully requests that Plaintiff's Complaint be dismissed for ~egal insufficiency. ~ _O. fJECTION IN ~{E NATURE OF A AS TO CO~/N~$ r ~VO I! OF pLA!NT_~=~,$ CC~?.-A!NT i0.'~ In Counts I and I! of his Compla¢nc, Plaintiff pu-~pcr~s to allege a claim of 'deliberate negligence'. I!. Pennsylvania dces ncc recognize a tort cf "deliberate 12. in the alternative, Plaintiff has failed to state a claim for 'deliberate negligence" upon which relief can be granted. ~{EREFORE, Defendant National Football Le_g--, respectfully re_quests tka'c Plaintiff's Complaint be dismissed for legal insufficiency. PRELIMINARY OBJECTION IN TKE MATURE OF A DE..~b~RER TO COUNTS I AND ~[ QF PLAINTIFF'S COM?._A!N~ 13. In Paragraph 5 of ~}~ po~plaint, Plaintiff States that he was eligible for the NFL draf~ and appears to s~a~e that the draft procedures are attached as Exhibit "A". Unfortunately, Plaintiff has attached only three (3) pages of the drafu procedures to the Complaint. 14. Because Plaintiff relies on a written document, the draft procedures, to establish that he was eligible for the draft, Defendant appropriately attaches a true and correct of the Eligibility Rules and Draft Procedures and refers to them. A true and correct copy of the Eligibility Rules and Draft Procedures are attached hereto, made a part hereof, and marked Exhibit 3 ' As Exhibit 'D" establishes, ~he rule specify when a annual player draft. 1~. A prospecuive player who plays c~!lege fco~ba!l generally is eligible for the draft in the year fo!lowin9 expiration of his cc!!ege eligibility, and prospective pla/ers who dc not play cc!!ege football are generally e!ig!ble participate in the draft held four (4) years after they enter cc!lege. (E~hibit "D", ¶(i) and (4)). 17. If selected in the draft by an NFL member team, a prospective fcc~ba!l player is placed on the rese~;e lisu cf team and, for a periO~ of time, or until released by the team, may negotiate and accep~ employmen~ 0~!~ wi~k chat team. 18. Prospective football players who are eii~iD~e fQr the draft but no~ selected are thereafter "free agents" and are free to seek and accept employment with any member team of NaTional Football League. iS. Because'Plaintiff entered college in the early lS70's, (Complaint, ~9) he would have been eligible for one cf the annual drafts conducted in ~he mid-1970's. 20. In 1997, when Plaintiff alle~es he applied for the draft, he was actually a "free agent" and was free to seek employment with any member team in the National Football League directly. 2!. For these reasons, i= is clear Complaint fails granted. WHEREFORE, plaintiff ' s to state a claim Upon which relief can be Defendant National Football League, respectfully requests that Plaintiff's Complaint be dismissed for legal insufficiency. PRELIMINARY OBJECTION IN TEE NA~/?.E C? A ~E.~!JT-RER ~2~D ALTERNATIVE MOTION TO STRIKE 22. In his Complaint, Plaintiff requesss relief in the Rature of punitive damages. 23. Plaistiff fails to state any claim upon which relief in the nature of punitive dDmages can be granted. WHEREFORE, Defendant Niziona! Foe=ball League, respecnfu!ly requests that the Court dismiss, with prejudice, Plaintiff's claim for punitive damages or, in the alternative, that the Court strike from the Complaint said prayers for relief for puniuive damages. PRELIMINARY OBJECTION ~N THE NATURE OF A MOTION TO STRIKE 24. In his Complaint, Plaintiff re.cuests damages "in excess of Twenty Million ($20,000,000.00) Dollars." 25. Pennsylvania Rule of Civil Procedure 1021(b), provides "that any pleading demanding relief for unliquidated damages shall Dot claim any specific sum" (emphasis added). Plaintiff's Complaint which requests damages in e~cess Of Twenty Million ($20,000,000.00) Dollars should be stricken. 5 WHEREFORE, Defe.ndant National Football Lea.cue, respectfully requests ~hat this Cour~ strike Plain~iff'~ claim for damages in excess of Twenty Million ($20,000,0~0.00) Dc!lars. Respectfully submitted, Mc.gEEs, WA/~L~.CE & lizabe~n .' er~y Matthew B. ~cyer I.D. No. 792~9 100 Pine S~reet P.O. Sox Harrisburg, PA !7!08-1!~ !717) 232-8000 A==orneys foe Defendant Da~e: October 19, 1998 6 STANLEY BETHEA, : Plaintiff : . V. PAUL TAGLIABUE, COMMISSIONER N.F.L. Defendant 1N THE COURT OF COlVllvION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0033 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of August, 2003, upon consideration of Plaintiff's Motion To Reinstate Action Pursuant To Pa. R.J.A. No. 1901, the motion is denied. BY THE COURT, ~esley Oler,-~., J. Stagey Bethea ~>~3 Curtin Street /Harrisburg, PA 17110 Plaintiff, Pro Se Charles Young, Jr., Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant :rc TRUE C..,OPY FROM RECORD In Testimony whereot, I here unto set my hand and th~ seal. of said ~at C~dksle, Pa. STANLEY BETHEA, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA VS. : NOi 2310 CV2000 NATIONAL FOOTBALL LEAGUE AND PAUL TAGLIABUE, COMMISSIONER, N.F.L., Defendant : CIVIL ACTION - LAW ORDER AND NOW THIS day of ~l~:ma~, 2003, upon consideration of the Motion For Leave of Court submitted to the Court Administrator's Office in accordance with the order entered in this matter filed on July 16, 2001, Plaintiff is not required to obtain our permission to file an action in Cumberland County. Plaintiff is only required to obtain our permission before filing an action against Defendants in either Dauphin County or in the United States District Court for the Middle District Court of Pennsylvania. However, Plaintiff is admonished to carefully scrutinize Pennsylvania Rules of Civil Procedure 1023.1-1023.4, which provide for the imposition of severe sanctions for the filing of frivolous pleadings or motions. DISTRi~BUTION: Stanley Bethea, 533 Curtin Street, Harrisburg, Pa. 17110 Charles Young, Esquire, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa. 17108-1166 STANLEY BETHEA, Plaintiff NATIONAL FOOTBALL LEAGUE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-33 PRAECIPE TO D!SCONTINUE TO THEPROTHONOTARY: Pursuant: to Pa.R~ discontinued~ Dated: January -~,~, 2003 229t Kindly mark the above action Sincerely, Plaintiff Stanley Bethea, Pro Se STANLEY BETHEA, Plaintiff V, Defendant : N.F .L. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PR.'~.ECIPE TO D!$CONT!NUE TO THE PROTHONOTARY: Pursuant to Pa.~,~ 229~ Kindly mark the above action discontinued, Sincerely, Plaintiff Stanley Bethea, Pro Se FROM RECORD ~on~ STANLEY BETHEA, : Plaintiff : v. : No. 03-33 : NATIONAL FOOTBALL LEAGUE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRELIMINARY OBJECTIONS Defendant, National Football League ("NFL"), by and through its attorneys, McNees Wallace & Nurick LLC, hereby files these Preliminary Objections to the Plaintiff's Complaint. In support thereof, the NFL states the following: THE PLAINTIFF'S ALLEGATIONS 1. Plaintiff Stanley Bethea has flied suit against the NFL, asserting a claim of negligence based on the NFL's alleged negligence in failing to inform Plaintiff of the eligibility rules for trying out as a free agent for an NFL football team. PRELIMINARY OBJECTION #1: PERMANENT INJUNCTION 2. Plaintiff is acting in direct violation of Judge Lawrence Clark's Order of July 16, 2001. (See attached Exhibit "A.") The Order provides, in pertinent part, as follows: (1) The PERMANENT INJUNCTION entered against the Defendant by the April 26, 2001 Order of this Court is CONTINUED. The Plaintiff IS HEREBY ENJOINED from filing a lawsuit against the above-captioned Defendants, their employees, or agents, in either state or federal court without prior leave of this Court. In violation of the above permanent injunction, Plaintiff failed to obtain leave of Court prior to filing the instant action. PRELIMINARY OBJECTION #2: DEMURRER 3. Plaintiff's Complaint fai{s to state a claim upon which relief may be granted. Under the circumstances described in Plaintiff's Complaint, there can be no cause of action for negligence. PRELIMINARY OBJECTION #3 RES JUDICATA AND COLLATERAL ESTOPPEL 4. Plaintiff's claims were litigated in Bethea v. Washington Redskins, Cumberland Co. No. 02-0572. By Opinion and Order dated November 18, 2002, Judge Edgar Bailey granted the Washington Redskins' Preliminary Objections and dismissed Plaintiff's action. Plaintiff's present claims are barred by res jud/cata and/or collateral estoppel. WHEREFORE, the Defendant National Football League respectfully requests that the Court (1) grant these Preliminary Objections, (2) dismiss Plaintiff's Complaint with prejudice, and (3) due to the frivolous nature of Plaintiff's action, award attorneys' fees and costs in favor of the NFL and against Plaintiff. McNEES WALLACE & NURICK LLC Charles T, Younger. Attorney I.D. N~?/80680 100 Pine Stre~-Z P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5397 Fax: (717) 237-5300 Attorneys for Defendant National Football League Dated: January 2t, 2003 STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files Answers to Plaintiff's Interrogatories as follows: 1. Did Coach Marty Schottenheim (sic) allow free agents to try out for the Washington Redskins Football Team? ANSWER: The term "'try out" is ambiguous. The Redskins do not allow people to participate in organized team events without first executing a contract. With this proviso - Yes, the Washington Redskins did allow free agents to "try out" for the 2001 football team. 2. What is the name and address of Washington Redskins Insurance Company? ANSWER: The Washington Redskins possess no applicable insurance coverage. Dated: March ~c~ , 2002 Respectfully submitted, McNEES WALLACE & NURICK LLC By - Elizabeth A. Magu,~"f~a~~- ~ Attorney I.D. No./~9853 ~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), I, Melissa Gertz, hereby certify that I have the authority to execute this Verification on behalf of the Washington Redskins, that I have reviewed the Answers to Plaintiff's Interrogatories, and that they are true and correct to the best of my knowledge, information and belief. Washington Redskins Assistant General Counsel Dated: March__, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Dated: March J~ 2002 Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, ~ ~'Z'~ Counsel for Defendant Washington Redskins STANLEY BETHEA, Plaintiff NATIONAL FOOTBALL LEAGUE and PAUL TAGLIABUE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-4420 Civil Term : . : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants National Football League and Paul Tagliabue (collectively the "NFL"), by and through their attorneys McNees Wallace & Nurick LLC, hereby file these Preliminary Objections to the Plaintiff's Complaint. In support thereof, the NFL states the following: THE PLAINTIFF'S ALLEGATIONS 1. Plaintiff Stanley Bethea, an adult male in his mid-50's, asserts that he traveled to the Washington Redskins' training camp on August 1, 2001, to try out for the team. He claims that a staff member told him that he needed permission to be able to try out for the team. (Complaint, ¶5). 2. Plaintiff has filed suit against the NFL, asserting a claim of breach of fiduciary duty and/or negligence based on the NFL's alleged failure to inform Plaintiff of the eligibility rules and/or need for a contract in order to try out as a free agent for an NFL football team. (Complaint, ¶9-10). PRELIMINARY OBJECTION #1: DEMURRER 3. Plaintiffs Complaint fails to state a claim upon which relief may be granted. Under the circumstances described in Plaintiff's Complaint=, there can be no claim for breach of fiduciary duty, negligence, or any other cause of action. PRELIMINARY OBJECTION #2 RES JUDICATA AND COLLATERAL ESTOPPEL 4. From the exhibits attached to the Complaint, it is readily apparent that Plaintiff's claims are barred by res judicata and/or collateral estoppel. Moreover, it is clear that Plaintiff is a vexatious litigant, who - without any basis whatsoever - has repeatedly sued the NFL, the Washington Redskins, and others. 5. Plaintiff's claims were litigated in Bethea v. Washin.qton Redskins, Cumberland Co. No. 02-0572. By Opinion and Order dated November 18, 2002, Judge Edgar Bailey granted the Washington Redskins' Preliminary Objections and dismissed Plaintiffs action. Plaintiff's present claims are barred by res judicata and/or collateral estoppel. 6. Plaintiff's claims were litigated in Bethea v. National Football League and Paul Taqliabue, Dauphin Co. No. 2310 S 2000. By Order and ()pinion dated July 16, 2001, Judge Lawrence Clark granted summary judgment in favolr of the NFL, sanctioned Plaintiff, awarded the NFL attorneys' fees, and issued a permanent injunction barring Plaintiff (who lives in Harrisburg) from filing suit in either Dauphin County or the Middle District. 7. Plaintiff is a vexatious litigant, who has filed suit in Cumberland County in order to avoid the bar of the permanent injunction. To counsel's knowledge, Plaintiff has sued the NFL on at least 6 prior occasions. Plaintiff's claims have been resolved against him. This suit is barred by res judicata and/or collateral estoppel. WHEREFORE, the Defendants National Football League and Paul Tagliabue respectfully request that the Court (1) grant these Preliminary Objections, (2) dismiss Plaintiff's Complaint with prejudice, and (3) due to the frivolous nature of Plaintiff's action, award attorneys' fees and costs in favor of the NFL and against Plaintiff. Charles T. Young,/~. ~ Attorney I.D. No./~680 ~ 100 Pine Stree~k' P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5397 Fax: (717) 237-5300 Attorneys for Defendant National Football League Dated: October 20, 2003 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail upon the following: Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: October'~'~, 2003 C~a~les T. Your~j,,~ Counsel for Defe~Vants ' STANLEY BETHEA, plaintiff V o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLYANIA NO. 03-4420 NATIONAL FOOTBALL LEAGUE AND PAUL TAGLIABUE, COMMISSIONER N.F.L. DEFENDANT PRAECIPEE TO DISCONTINUE TO THE PROTHONOTARY: Pursuant to Pa. discontinued, R.C.P. 229, Kindly mark the above action Sincerely, Plaintiff Stanley Bethea,Pro