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Shohei Ohtani’s historic 50-50 ball sells for record price of $4.39M at auction amid ongoing lawsuit over ownership

By Ben Morse, CNN

(CNN) — The ball which Shohei Ohtani made baseball history with by becoming the inaugural member of the 50-50 club sold for almost $4.4 million at auction on Wednesday, despite its ownership being the subject of an ongoing lawsuit.

On September 19, the Los Angeles Dodgers superstar went where no baseball player has gone before, hitting his 50th homer and stealing his 50th base of the season in a 20-4 win against the Miami Marlins – the first time in the sport’s history someone had reached those marks in a single season. Ohtani would end the regular season with 54 home runs and 59 steals.

The ball, which was put up for auction by auction house Goldin, was eventually won for $4,392,000, the highest price ever paid for “a baseball – or any ball in any sport,” according to the auction house. After a three-week bidding process, which culminated in the early hours of Wednesday morning, a late flurry of bids increased the price to its final record amount.

“Shohei Ohtani made history with this baseball, and now, with the highest sale price for any ball ever sold, this legendary piece of sports memorabilia has made history again,” Ken Goldin, founder and CEO of Goldin, said in a statement.

“We received bids from around the world, a testament to the significance of this iconic collectible and Ohtani’s impact on sports, and I’m thrilled for the winning bidder.”

Goldin did not identify the winning bidder of the historic ball.

However, ongoing questions over the rightful ownership of the ball continue to rumble on.

Shortly after it was put up for auction, a lawsuit was filed by 18-year-old Max Matus claiming that he is in fact the rightful owner of the ball and seeking a “temporary injunction” to prevent the “concealing, absconding with or selling” of it.

Matus claims that he went to the Dodgers vs. Marlins game for his 18th birthday and caught the ball, according to the filing.

However, a few seconds later, the filing claims, Christian Zacek trapped Matus’ “arm in between his legs and wrangled the 50/50 Ball out of Max’s left hand.”

The lawsuit includes screenshots from what it claims is video evidence from multiple fans of Zacek ripping the ball from Matus’ grasp before lifting the ball aloft.

The filing adds: “In so doing, Zacek wrongfully and forcefully obtained control of the ball and was escorted out of the stands by security, with the 50/50 Ball Plaintiff had possessed now in Zacek’s (wrongful) possession.”

The lawsuit said that Matus would be “irreparably harmed” if the 50/50 ball is able to be sold, as it is a “unique one-of-a-kind item that cannot be replaced.”

Goldin was originally named in the lawsuit but was voluntarily dismissed from the suit.

In a statement sent to CNN on October 7, Goldin said that an agreement had been reached with all parties to allow the auction to proceed “without any interference from the pending litigation.”

When reached by CNN, Matus’ legal representative confirmed in a statement that an agreement was reached to allow the auction to proceed, but said that the lawsuit “continues.”

“The parties to the lawsuit came together to try to make the best of a difficult legal situation. No one wanted to have unclear title, or an auction that had to be reversed,” John Uustal, founding partner in the law firm representing Matus, said. “And the emergency injunctive process would have only been preliminary, in the end a jury would have to decide anyway. I’m sure this wasn’t perfect for anyone, but it was something everyone could live with.

“So the proceeds of the sale will be kept under the jurisdiction of the court, and who owned the ball and sold it will be determined by a jury.”

In a separate statement sent to CNN on October 18, lawyers for Zacek said that they had “reached an agreement with all the other parties involved in litigation that provides clarity to the future buyer that the 50-50 baseball can be sold free and clear of any legal claims against the future buyer.”

“We are thrilled to announce that all three baseball fans in the Shohei Ohtani 50/50 baseball litigation matters have agreed that the auction and sale of one of the most extraordinary pieces of sports memorabilia in history will proceed as scheduled without any opposition to the sale from each of the fans,” Zacek’s legal representatives – Dustin Robinson, Jonathan Claussen and Robert Josefsberg – said in a statement.

“This agreement provides certainty to potential buyers that the historic 50/50 baseball will be sold free and clear of any legal claims to the baseball against the future buyer. We believe that this agreement reflects all parties’ recognition of this monumental achievement and will allow the full value of this historic 50/50 baseball to be fully recognized at the auction.”

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