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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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