A lawsuit filed for more than $100 million against the Patriots, owner Robert Kraft, and coach Bill Belichick on behalf of a member of the 2001 St. Louis Rams team that lost to the Patriots in Super Bowl XXXVI and three fans was withdrawn yesterday.
The lawsuit, which was filed Feb. 15 in US District Court, East District of Louisiana, alleged that the Patriots defrauded former Rams player Willie Gary, two fans who attended the Super Bowl, and a Rams season ticket-holder by taping the Rams' walkthrough prior to the Super Bowl.
Last September, the Patriots were fined $250,000, Belichick was docked $500,000, and the team was stripped of a first-round draft pick after being caught videotaping the defensive signals of the New York Jets Sept. 9. On Feb. 2, the Boston Herald, citing an anonymous source, reported that the Patriots taped the Rams' Super Bowl walkthrough. Both the NFL and the Patriots have denied the taping of the walkthrough.
In court papers filed yesterday, the plaintiffs' attorneys said they filed the lawsuit in hopes of subpoenaing former Patriots employee Matt Walsh, who has intimated in interviews that he has materials that could prove damaging to the Patriots.
Saying that Walsh would likely exercise his constitutional right not to incriminate himself, the lawyers called getting him to testify as "an exercise in futility."
Eric Deters, one of Gary's attorneys, said the lawsuit could be refiled if more was learned about Walsh's involvement in the Patriots' taping practices. That could happen when/if Walsh speaks to the NFL.
The NFL and Walsh's attorney, Michael N. Levy, agree that they've made "substantial progress" toward an agreement that would allow Walsh to reveal the extent of his knowledge about the Patriots' videotaping.
In a statement released by Sunday, NFL spokesman Greg Aiello said, "Both sides are optimistic that any remaining issues can be addressed successfully and they are committed to reaching a full agreement as promptly as possible."
ESPN.com reported yesterday that the league had granted Walsh full legal protection, but neither Aiello nor Levy would confirm that.
Yesterday, neither side offered any update on the talks or outlined a timetable for sealing a deal.
"We are optimistic that we will have an agreement soon," said Aiello.
"I'm going to decline to comment on the discussions," said Levy, of the Washington, D.C.-based law firm of McKee Nelson, via e-mail.
On Feb. 20, at the Scouting Combine in Indianapolis, NFL commissioner Roger Goodell said he expected to reach an agreement with Walsh "shortly." However, it wasn't until 18 days later that "substantial progress" was proclaimed by both sides.
When asked if there could be a similar gap between Sunday's breakthrough and the finalization of an agreement, Aiello replied that "shortly" was a relative term.
Material from the Associated Press was used in this report.
