For the following reasons, the motions will be denied. Plaintiffs are thirteen Major League Baseball umpires who assert claims for federal and common law unfair competition, unjust enrichment and infringement of the right of publicity against five defendant trading card companies. Plaintiffs attached to their complaint ten baseball trading cards as examples of the unauthorized use of their photographs, likenesses and personas.
Pinnacle asks the court to sever the claims against it.
Pinnacle also asks the court to dismiss Plaintiffs' unfair competition and right of publicity claims on the ground that assertion of those claims is barred by the statute of limitations. Pinnacle further asks the court to dismiss Plaintiffs' unjust enrichment claim for failure to state a claim upon which relief can be granted. Pinnacle seeks severance of the claims against it under Federal Rules of Civil Procedure 20 and 21. Pinnacle argues that of the ten exhibits, only two are trading cards which they manufactured and sold and that the remaining eight player trading cards were produced by another manufacturer. Pinnacle asserts that because they manufactured only two of the cards attached to the Complaint that only two of the thirteen Plaintiffs have asserted cognizable claims against Pinnacle.