Nature of the Case
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Facts
Gonzalez is a citizen of Mexico, who is engaged in the training, support, promotion, and representation of young, talented and high caliber Mexican baseball players for eventual placement in international major and minor leagues, including Major and Minor League baseball conducted in the United States. Gonzalez entered into an 'Exclusive Agency Contract' with Pesqueira's parents on behalf of Mr. Pesqueira, who was a minor at the time. Gonzalez got the 'exclusive rights to represent Pesqueira in the negotiation for and contracting of any and all services of Pesqueira as a baseball player for any club in the major and/or minor leagues of any and all countries at any level of play. Pesqueira agreed that Gonzalez would receive a 30% commission on any and all receipts and entitlements of Pesqueira for his services as a baseball player for a three-year term. On February 17, 2012, the Boston Red Sox invited Pesqueira to train with the team for spring training. On March 6, 2012, a scout for the Boston Red Sox notified Gonzalez that Pesqueira would be returned to Mexico because he belonged to a Mexican league team and could not play in the major leagues without the consent of the Mexican league team. Gonzalez got copies of the contract between Pesqueira and the Mexican League team called the Diablos Rojos (Red Devils). They were preprinted pages with Pesqueira's signature from January 1, 2010, with a start date of March 22, 2009, and a second page with the same title includes Pesqueira's signature from and with a start date of March 21, 2011. Ps allege that at both times Pesqueira was under 18 years old, having been born on April 6, 1994. They also note that the earlier contract bears Pesqueira's father signature, though the latter one does not. Pesqueira and his father confirmed that they did not sign either of the documents provided by Major League Baseball. The Association of Professional Baseball Teams of the Mexican Leagues produced a contract similar to the aforementioned ones. This contract contained a signature of Pesqueira dated January 1, 2010, with a March 22, 2010 start date, covering the 2010 Mexican baseball season. Ps alleged that it too was forged. D eventually confirmed that Pesqueira, in fact, was not committed to in any way, nor under contract with, the Association of Professional Baseball Teams of the Mexican Leagues and the Red Devils of Mexico. Ds refused to permit Pesqueira to play. Ps sued Ds. for: (1) intentional interference with economic relations; (2) intentional interference with prospective economic advantage; (3) negligent interference with economic relations; (4) negligent interference with prospective economic relations; (5) declaratory relief; (6) negligence; and (7) unfair business practices. Ds moved to dismiss under Rule 12(b)(7).
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