The ball that Shohei Ohtani hit for his 50th home run will be up for auction beginning Friday despite a lawsuit filed Thursday by a Florida man who claims the souvenir was wrested from him.

Max Matus sought an injunction to stop the auction, scheduled to be conducted by Goldin Auctions beginning Friday and running through Oct. 16.

John Uustal, Matus’ lawyer who filed suit, told ESPN on Thursday, “The judge asked us to try to work it out. We were asking for an emergency injunctive relief, saying, ‘If the ball is sold, there’s no way to put the horse back in the barn and make it disappear’ — and there would be irreparable harm, so, we want to maintain the status quo.”

The judge agreed to hold a hearing prior to the auction’s close, Uustal told ESPN.

“So, as long it was absolutely clear that the ball could not actually be sold — which it now is, by court order — until after this hearing, then we were agreeable to that,” Uustal said. “So, I think everybody’s protected now. The court’s going to make his ruling based on our evidence on Oct. 10.”

Matus said he was in the crowd at loanDepot Park in Miami, celebrating his 18th birthday on Sept. 19, when the Los Angeles Dodgers superstar hit the historic home run in a 20-4 win over the Marlins. In the game, Ohtani homered three times and stole two bases to become the first player in baseball history to hit 50 homers and steal 50 bases in a season.

In the lawsuit, Matus contends he grabbed the ball in his left hand after it went over the left field fence. It was briefly in his possession before a man identified as Chris Belanski “wrapped his legs around Max’s arm and used his hands to wrangle the ball out of Max’s hand, stealing the ball for himself.”

The suit names the auction house, Belanski and Kelvin Ramirez, a Belanski friend, as defendants in the case filed in Florida’s 11th Judicial Circuit Court in Dade County.

The filing includes photos taken by other fans that Matus contends support his claim, including one that shows Belanski showing off the ball in front of a stunned Matus.

Goldin, which has set the opening bid at $500,000, told ESPN it intends to go through with the auction, adding that it is “excited to bring this item to the market.”

A Goldin spokesperson earlier told collectible media site cllct, “We are aware of the case that has been filed. 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. While Goldin has been named as a party in the case, there are no allegations of wrongdoing by the company.”

Matus’ case also asks the court to order that the ball be kept in a secure location and to prevent Goldin, Belanski or Ramirez from selling it.

“Max has suffered irreparable harm because of the nature of the unique, irreplaceable 50/50 Ball,” the lawsuit reads. “Ohtani is currently the best baseball player in the country, and this ball represents a new record established by Ohtani. As a result, there is no adequate remedy at law that can replace this unique and extraordinary 50/50 Ball.”

–Field Level Media