Judge Moves Ahead in Cubsâ Suit : Baseball: Vincent agrees to procedure that will speed up case on realignment. Final briefs due Aug. 14.
A U.S. district judge in Chicago Thursday received agreement from the Chicago Cubs and Commissioner Fay Vincent to expedite the judicial procedure that could produce a final determination in the Cubsâ attempt to block National League realignment.
The 7th Circuit Court of Appeals, responding to Vincentâs appeal of the preliminary injunction granted the Cubs by district court judge Suzanne Conlon, is scheduled to receive final briefs on Aug. 14.
For the record:
12:00 a.m. Aug. 1, 1992 For the Record
Los Angeles Times Saturday August 1, 1992 Home Edition Sports Part C Page 5 Column 2 Sports Desk 2 inches; 71 words Type of Material: Correction
Cubsâ lawsuit--Because of an editing error, the schedule of judicial events in the Chicago Cubsâ lawsuit against Commissioner Fay Vincent was incorrect in Fridayâs editions. U.S. District Court Judge Suzanne Conlon will rule on the merits of the case in Chicago after receiving final briefs Aug. 14. If, as expected, she rules in favor of the Cubs, the 7th Circuit Court of Appeals, responding to Vincentâs appeal of the preliminary injunction granted by Conlon, is scheduled to receive final briefs Aug. 19.
Conlon, who still has jurisdiction in the Cubsâ suit charging that Vincent overstepped his authority and undermined the National League constitution when he ordered the Cubs to the West Division as part of a 1993 realignment, first rejected Vincentâs request for a stay in the district court proceedings, then received agreement from both sides Thursday to the expedited schedule. She will rule on the merits of the case after Aug. 14.
âBy granting the preliminary injunction, she has already made her decision on the merits of the Cubsâ case,â Deputy Commissioner Steve Greenberg said.
âSince thatâs unlikely to change, why go through months and months of delay in the trial court when we could have a final decision recorded there before the appeals court considers it? Itâs much cleaner that way.
âWe had only filed for a stay (on the day after Conlonâs injunction ruling) because we didnât want it going on in two different courts at the same time. The stay request became moot in light of her expedited schedule.â
The expedited schedule also sustains the possibility of realignment in 1993. If the process were delayed into the fall, it is unlikely the league would have time to approve a scheduling format and proceed with realignment next year.