District Judge Delays Ruling on Rose Venue

There will not be a decision before July 31 as to whether Pete Rose’s lawsuit against baseball Commissioner Bart Giamatti belongs in the state or the federal court system, a federal judge said Thursday in Columbus, Ohio.

The timetable set by U.S. District Judge John D. Holschuh means the Cincinnati Reds’ manager will be protected from suspension or firing until a decision is reached.

Holschuh heard arguments from lawyers for Rose and Giamatti for 1 hour 45 minutes. Rose’s lawyers want the lawsuit to be heard by Norbert A. Nadel, Hamilton County Common Pleas judge, who issued the order protecting Rose from suspension. Baseball’s lawyers want the case moved to the federal courts, where the commissioner’s powers have been upheld in previous decisions.

The case is expected to come down to whether Holschuh believes the dispute is between Rose and the Reds, and thus a dispute between two Ohio entities that should be settled in state court or between Rose and major league baseball, which would make it a federal case.

Nadel granted Rose a temporary restraining order on June 25 protecting him from suspension by Giamatti or firing by the Reds. Although the order technically has expired, the two sides have agreed to keep its terms in effect while the case is heard.