The Mike Bolsinger lawsuit continues with more high stakes legal drama this week and odd self-serving declarations of “exoneration” by Astros owner Jim Crane. Last week, the Houston Astros filed a motion to disqualify the judge who was randomly assigned to the case claiming the judge was unfair and biased against them. After having the judge disqualified, the Astros and owner Jim Crane today filed a “Motion to Dismiss or Stay” the Bolsinger lawsuit arguing that Texas is a more convenient and appropriate venue for the lawsuit than in Los Angeles where the case was filed by Mike Bolsinger.
According to the filing, the Astros and Crane argue “This Court lacks general jurisdiction because these Defendants do not have sufficient minimum contacts with California. The Astros is a corporation organized and existing under the laws of the State of Texas with its principal place of business in Houston, Texas, and it does not conduct ‘substantial . . . continuous and systematic’ activities in the State of California. Defendant Crane is an owner of the Astros and, while he owns a vacation home in California, he is domiciled in Texas . . .” The Motion goes on to state, “The alleged tortious conduct vis-à-vis Plaintiff purportedly occurred in Texas, where Plaintiff pitched . . . [and] Any injuries that Plaintiff purportedly suffered likewise occurred in Texas, where Plaintiff lives.”
To support their Motion, the Astros and Crane submitted a declaration from Crane under penalty of perjury. Crane states in the declaration that the MLB “explicitly exonerated me and stated that I was unaware of and had no involvement in any rules violations by the Astros.” In further support of the Motion, the Astros and Crane requested the Court take judicial notice of the MLB Commissioner’s Report which purportedly (and dubiously) blames the Astros’ players for the cheating and not management.
Sources with knowledge of the case have told us that Bolsinger’s legal team will seek to have Crane immediately deposed to challenge the statements made in his declaration and will seek a deposition of MLB Commissioner Manfred to cross-examine him on the veracity of his report since they were attached by Crane to support his motion under his theory of “exoneration.”
The court hearing on the Motion by the Astros and Crane is scheduled for June 12, 2020.
Read the Court Filings Below:Motion-to-Dismiss