Patriots 'Spygate' Suit Dropped to Avoid 'Exercise in Futility'

Posted by Matthew Heller

A former St. Louis Rams player and three fans have dismissed their "Spygate" class action against the New England Patriots. As we previously posted here, the plaintiffs sued on behalf of more than 70,000 fans who attended the 2002 Super Bowl between the Rams and the Patriots. They alleged the Patriots illegally videotaped the Rams' walk-through practice before the game.

Now, according to the LA Times, the league is trying to work out a deal to interview an assistant, Matt Walsh, who is alleged to have damaging details on the secret videotaping by the Patriots. Attorneys from both sides "have made substantial progress toward an agreement that will allow Mr. Walsh to be interviewed," league spokesman Greg Aiello said in a statement.

That progress, apparently, made the class action suit filed by former Ram Willie Gary and his co-plaintiffs moot. In this motion to dismiss, which was granted Wednesday, they said the intention of the suit was to secure Walsh's deposition by subpoena.

"Matt Walsh's counsel has been involved in discussions with the NFL which Plaintiffs and their counsel are not privy to," the motion explains. "However ... counsel for the Plaintiffs believes Matt Walsh will plead the Fifth Amendment if deposed at this time. Therefore, at this time, the exercise of securing by subpoena Matt Walsh's testimony will be an exercise in futility."