The Seattle SuperSonics ownership group filed for a notice of removal Tuesday in King County Superior Court to have the City of Seattle’s lawsuit against the team moved to U.S. District court in Seattle.
The team’s request was granted, and the matter is now in the hands of the federal court, where Judge Ricardo Martinez will hold a hearing Oct. 19.
King County Superior Court Judge Harry McCarthy was scheduled to hold a hearing on the matter Wednesday, potentially determining whether the issue would be heard in King County Superior Court or as the Sonics ownership group requested by the American Arbitration Association.
But McCarthy signed off on a motion to remove the matter.
Sonics chairman Clay Bennett announced in September that the ownership group filed for arbitration over the team’s lease agreement with the City of Seattle last week.
In response to the Sonics’ filing, the City of Seattle filed a lawsuit in King County Superior Court a few days later, which seeks to block the case from going to arbitration. It also seeks a judgment that upholds the specific performance clause of the lease, and it asks for the Sonics to pay for the city’s attorney’s fees.
The Sonics ownership group filed for removal of the case to federal court, stating under federal law the team has a right to move the cased based on “diversity jurisdiction.” The term allows for disputes between groups from different states to have their issues heard in federal court instead of a local court. Seattle’s ownership group is Oklahoma based, while the City of Seattle is a municipality in Washington state.
The City of Seattle could request that the matter be moved back to King County Superior Court, but the city attorney’s office is has not determined if they will make that request.