James Dolan Fighting Off
Oakley Lawsuit Gets Hearing on Loss of Oakley
Text Messages
By Matthew
Russell Lee, Patreon Substack
SDNY COURTHOUSE,
Nov 20 – Following the
ejection of former Knick
Charles Oakley from Madison
Square Garden by security
guards who had just conferred
by James Dolan, a lawsuit is
still proceeding in the U.S.
District Court for the
Southern District of New
York.
Back on December
22, 2020 Judge Richard J.
Sullivan held arguments. Inner
City Press live tweeted them here
Jump cut to
November 20, 2024 after remand
from the Second Circuit, a
hearing on the loss of
Oakley's text message, from
the thread:
Judge: Five years
of text messages of Charles
Oakley are missing - correct?
Oakley's lawyer: Our 2017
retainer had a preservation
notice. He has handed in his
phone 3 times to get new ones
Judge: Can I see the retainer?
Oakley's
Wigdor firm lawyer: May I
approach? Judge: Yes.. (reads)
It doesn't says how to
preserve. Mr. Mastro, have you
seen this? Mastro: Since
Monday.
Judge: I'm
probably going to put Mr.
Oakley on the stand. This is
outrageous. Wigdor firm
lawyer: Well, the emails are
backed up on the AOL server
Wigdor firm
lawyer: This is about an
assault and battery that took
place on February 8, 2017, not
about text messages... Except
for the security guards, who
text. The director of security
of MSG had a company issued
phone. Is it preserved?
Mastro:
They bring a lawsuit for a
basketball player - and they
don't image his phone? We have
an email from "LB Cigars,"
Oakley tells him "Text me."
That's how he communicates.
The texts are best evidence,
if he told them to go scr*w
themselves, excuse my French
Mastro: In
the draft of his own book he
says he tripped... He's just a
former basketball player
Judge: You're asking for
dismissal Mastro: Or adverse
inference, out costs, some
combination
Mastro:
He's a serial litigant, a
recidivist plaintiff Judge: Do
we need a hearing? Mastro:
Yes. With Oakley on the stand.
Judge: What would it look
like? Mastro: Me cross
examining Charles Oakley...
All will be revealed when Mr
Oakley takes the stand
Judge: Hearing when?
Mastro: I'm back
Dec 5. Judge: Week of Dec 16
for the hearing Wigdor firm
lawyer: I don't have my phone
with me. Judge: Why not?
Wigdor firm
lawyer: I didn't bring my bar
card
Judge: Write me.
Adjourned.
More on X for
Subscribers here
and Substack here
The case is
Oakley v. Dolan et al., 17-cv-6903
(Sullivan)
***
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