A fan who says he is the rightful owner of the Shohei Ohtani 50/50 home run ball has filed a civil lawsuit seeking to stop the scheduled auction of the ball, according to court records.
Max Matus, 18, filed suit Thursday in Florida’s 11th Judicial Circuit Court seeking a temporary injunction against Goldin Auctions, which had scheduled to open bidding on the ball Friday.
The lawsuit, which also names Chris Belanski and Kelvin Ramirez, says Belanski “wrongfully and forcefully” obtained possession of the ball from Matus in the stands and that Belanski and Ramirez have indicated on social media their plans to sell the ball.
“We are aware of the case that has been filed,” Goldin Auctions said in a statement to ESPN. “Having reviewed the allegations and images included in the lawsuit, and publicly available video from the game, Goldin plans to go live with the auction of the Ohtani 50/50 ball.”
Goldin Auctions’ statement said that while the company has been named in the case, there are no allegations of wrongdoing by the company. Goldin plans to open bidding for the ball Friday at $500,000.
Matus could not immediately be reached for comment through his lawyer. Belanski and Ramirez also could not be immediately reached.
Video of the moment the ball landed in the stands has been posted on social media.
Matus’ lawsuit says that on Sept. 19, he was at LoanDepot Park in Miami, Florida, to celebrate his 18th birthday and recording the game between the Los Angeles Dodgers and Miami Marlins on his phone when Ohtani hit his 50th home run. The suit says he was standing by the fence in left field when he saw the ball coming toward him. When he went to try to get it, the suit says, he “successfully grabbed” it in his left hand and intended to keep it.
Matus says “a muscular, older man” then trapped his arm “in between his legs and wrangled the 50/50 Ball out of Max’s left hand.”
The suit says Matus was the rightful owner of the ball before it was “forcefully taken away from him” by Belanski.
“If defendants are allowed to sell the 50/50 Ball, Plaintiff will be irreparably harmed as the 50/50 Ball is a unique one-of-a-kind item that cannot be replaced. Once the 50/50 Ball is sold, Plaintiff will likely be unable to get it back and no monetary damages will be adequate to replace it,” the lawsuit reads.
The suit asks that the ball be kept in a secure location mutually agreed upon by both parties pending the outcome of the litigation. A hearing on the matter has not been scheduled.
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