Concepcion v. Office of the Commisioner of Baseball

D. Puerto Rico

Concepcion v. Office of the Commisioner of Baseball

DecidedJune 21, 2023

Docket3:22-cv-01017

StatusUnknown

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

DANIEL CONCEPCION, et al.,

Plaintiffs, Civil No. 22-1017 (MAJ/BJM) v. OFFICE OF THE COMMISSIONER OF BASEBALL, et al.,

Defendants.

OPINION AND ORDER Before the Court is a Report and Recommendation ("R & R") issued by Magistrate Judge Bruce J. McGiverin, (ECF No. 83) recommending the Court grant Defendants’ Motion to Dismiss. (ECF No. 51). The R & R was issued on May 31, 2023, and objections were due by June 14, 2023. No objections have been filed. After reviewing the R & R, and all the pleadings on the record, the Court finds the R & R well-reasoned, grounded in fact and law, and free of “plain error.” See M. v. Falmouth School Department, 847 F.3d 19, 25 (1st Cir. 2017) (“Absent objection ... a district court has a right to assume that the affected party agrees to the magistrate's recommendation.”) (cleaned up); Nogueras-Cartagena v. United States, 172 F.Supp.2d 296, 305 (D.P.R. 2001) (“Court reviews [unopposed] Magistrate's Report and Recommendation to ascertain whether or not the Magistrate's recommendation was clearly erroneous.”). The Court, therefore, ACCEPTS and ADOPTS the R & R in full. IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss (ECF No. 51) is GRANTED. Plaintiffs’ Sherman Act, Fair Labor Standards Act, and Puerto Rico wage and hour claims against all Defendants, except the Kansas City Royals, San Francisco Giants, and San Diego Padres, are DISMISSED without prejudice. The claims against the Kansas City Royals, San Francisco Giants, and San Diego Padres are DISMISSED

with prejudice. Plaintiffs’ claims for declaratory relief from the Curt Flood Act and baseball’s antitrust exemption are also DISMISSED with prejudice. IT IS SO ORDERED. In San Juan, Puerto Rico, this 21st day of June, 2023. S/ MARÍA ANTONGIORGI-JORDÁN United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

DANIEL CONCEPCION, et al.,

Plaintiffs, Civil No. 22-1017 (MAJ/BJM) v. OFFICE OF THE COMMISSIONER OF BASEBALL, et al.,

Defendants.

OPINION AND ORDER Before the Court is a Report and Recommendation ("R & R") issued by Magistrate Judge Bruce J. McGiverin, (ECF No. 83) recommending the Court grant Defendants’ Motion to Dismiss. (ECF No. 51). The R & R was issued on May 31, 2023, and objections were due by June 14, 2023. No objections have been filed. After reviewing the R & R, and all the pleadings on the record, the Court finds the R & R well-reasoned, grounded in fact and law, and free of “plain error.” See M. v. Falmouth School Department, 847 F.3d 19, 25 (1st Cir. 2017) (“Absent objection ... a district court has a right to assume that the affected party agrees to the magistrate's recommendation.”) (cleaned up); Nogueras-Cartagena v. United States, 172 F.Supp.2d 296, 305 (D.P.R. 2001) (“Court reviews [unopposed] Magistrate's Report and Recommendation to ascertain whether or not the Magistrate's recommendation was clearly erroneous.”). The Court, therefore, ACCEPTS and ADOPTS the R & R in full. IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss (ECF No. 51) is GRANTED. Plaintiffs’ Sherman Act, Fair Labor Standards Act, and Puerto Rico wage and hour claims against all Defendants, except the Kansas City Royals, San Francisco Giants, and San Diego Padres, are DISMISSED without prejudice. The claims against the Kansas City Royals, San Francisco Giants, and San Diego Padres are DISMISSED

with prejudice. Plaintiffs’ claims for declaratory relief from the Curt Flood Act and baseball’s antitrust exemption are also DISMISSED with prejudice. IT IS SO ORDERED. In San Juan, Puerto Rico, this 21st day of June, 2023. S/ MARÍA ANTONGIORGI-JORDÁN United States District Judge

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