Michael McCann’s Sports Law Blog, which has been keeping track of the legal maneuverings in the MLB-vs.-San Jose case, has uncovered a bit of a bombshell (hat tip Nathaniel Grow). From the most recent filing (defendant’s section):
In fact, MLB denied the Athletics’ relocation request on June 17, 2013, one day before this lawsuit was filed. On that date, Commissioner Selig formally notified the Athletics’ ownership that he was not satisfied with the club’s relocation proposal. The sole basis of Plaintiffs’ only claims that remain after the MTD Order—the purported failure of MLB to render a decision within the initial two-year term of the Option Agreement—is therefore meritless.
MLB is arguing that the land option agreement the A’s and San Jose entered into in late 2011 is invalid, making the case moot. To back up its claim, MLB cites this heretofore (and still) unseen letter, the ongoing Stand for San Jose-vs.-City of San Jose lawsuit, and the lack of a public vote. To be clear, that last part is because Commissioner Bud Selig discouraged a vote way back in 2010 (which to this day I consider a strategic error on San Jose’s part). MLB wants to keep the letter confidential and doesn’t want to show it unless the plaintiffs agree to confidentiality.
Of course, that’s the opposite of what San Jose wants, because they’re pushing for complete discovery. From their filing:
In fact, Defendants’ sections of this CMC Statement are filled with Assertions of fact. This Court should order immediate commencement of discovery so that these “facts” (and others) surrounding the Athletics proposed move to San Jose and their reasons for entering into (and then not exercising) the Option Agreement may be explored.
MLB is fighting hard to avoid any degree of discovery.
Timing is the issue here. MLB argues that Selig sent the letter 19 months after the option agreement was signed, and that 19 months was reasonable timing for a decision, even though MLB started formally addressing the ballpark issue and San Jose two years earlier. Did San Jose file the lawsuit upon receiving the letter, or did MLB send the letter preemptively, knowing that the lawsuit was coming? I knew the lawsuit was coming the week it was filed, and I figure MLB did too. Addtionally, what other communications could be brought up that could contradict the letter?
It is of course possible, and perhaps even likely, that MLB would reconsider the move [to San Jose] in the future.
While we’re left to wildly speculate on everything, let’s consider the idea that MLB doesn’t like San Jose’s proposed contribution of land-and-infrastructure, and wants more than that to seal the deal. And understand that all the activity we’re seeing is happening because of the lawsuit. Everything should be understood within the context of the lawsuit. For better or worse, that’s where we are. I won’t be in town next Friday for the hearing, but I’m sure it’ll be juicy.