LOUISVILLE, KY (WAVE) - A Jefferson County Circuit Court Judge dismissed a lawsuit against Assistant University of Louisville Basketball Coach, Steve Masiello.
Oldham County Magistrate Scott Davis had filed the suit against Masiello claiming he gave Masiello $70,000 in cash for Kentucky Derby and Oaks tickets but only received $10,000 worth of tickets and another $10,000 back. The tickets had been sold on www.derbydeals.com, which Davis owns. According to Davis' Attorney, Thomas Clay, Davis' lawsuit asked for the remaining $50,000 and punitive damages.
Judge Charles Cunningham Junior ruled on the case on December 7th. The judge noted the agreement between Masiello and Davis -under the company SMD Enterprises -was void and unenforceable. As WAVE 3 previously reported, DerbyDeals.com has an Indiana P.O. Box. But, according to court documents, SMD Enterprises is registered in Kentucky. Because the event takes place in the Commonwealth, the judge indicated the fraud happens in KY.
In the court documents obtained by WAVE 3 the judge said "at minimum, SMD engaged in criminal facilitation by providing the cash, which enabled Masiello or his minions to scalp tickets".
Judge Cunningham added, "if the underlying agreement SMD wishes to enforce is illegal, the court can not do anything except invite the parties to sleep in the bed they themselves have made". Judge Cunningham also stated, "the court of justice is not in the business of facilitation criminal acts much less engaging in complicity to commit crimes by its orders and judgments"
Davis's Attorney told WAVE 3 they will fight the judge's ruling. "We don't like the bed. We're going to try to get out of the bed and we're going to try to seek review by Judge Cunningham of this decision," Thomas Clay said.
Clay said he was surprised by the judge's ruling. "We're not going to give up and we'll keep pursuing this in hopes either Judge Cunningham or perhaps another court will take a different view of what happened here," he said.
Masiello's Indiana Attorney, Larry Wilder, had told WAVE 3 before, Masiello promised to give Davis the name of someone who could help with tickets, but that there was never an exchange of money between the two. We're told Tim McCall represents Masiello in Kentucky. We contacted him to get reaction about the judge's ruling. We are waiting for a response.
Davis faces charges in Indiana, including attempted theft.