There was plenty of skepticism when MLB filed a lawsuit against Biogenesis and Anthony Bosch earlier this year, but they scored an important victory earlier today. Julie K. Brown of the Miami Herald has the story:
After pondering such thorny issues as stale cookies and a Major League baseball player who used the alias “Al Capone” to buy performance enhancing drugs, a Miami-Dade Circuit Court judge denied a motion to toss out the sport’s civil lawsuit against Biogenesis, the South Florida doping pipeline to baseball players and other professional athletes — as well as collegiate and high school players.
Monday’s decision, by Judge Ronald Dresnick, means that Major League Baseball can use the legal system to force witnesses to give depositions that may substantiate Biogenesis founder Tony Bosch’s story that his clinic supplied banned substances to high-profile major leaguers for many years.
MLB sued Biogenesis, Anthony Bosch, and other associates back in March, alleging that they interfered with players’ contracts by giving them performance-enhancing drugs. Bosch has since agreed to cooperate with MLB’s investigation. In return, he’ll be dropped from the lawsuit and receive help with his legal fees.
Those subpoenaed by MLB include former University of Miami pitching coach Lazaro Collazo, who is accused of acting as a middleman for the clinic. While he isn’t a part of MLB’s lawsuit against Biogenesis, he was among those arguing for its dismissal today. However, Dresnick’s ruling means that he could now be forced to talk under oath about what he knows. Alex Rodriguez’s cousin, Yuri Sucart, was also issued a subpoena by MLB.
With Game 6 of the NLCS just hours away, the Dodgers will opt for a lefty-heavy lineup against right-hander Kyle Hendricks. Batting leadoff is rookie outfielder Andrew Toles, who made one appearance at the top of the lineup during the 2016 season. The Cubs, meanwhile, will bench Jason Heyward in favor of Albert Almora Jr.. This will be Almora’s first start of the playoffs, and while he has yet to face Kershaw in October, his right-handed bat could play well against the lefty at the bottom of the lineup.
Game time is scheduled for 8 PM EDT; lineups are below.
1. Andrew Toles (L) LF
6. Wilson Contreras (R) C
8. Albert Almora Jr. (R) RF
9. Kyle Hendricks (R) RHP
UPDATE, 5:08 PM EDT: Cubs’ manager Joe Maddon will not rule out a World Series appearance for Kyle Schwarber if the Cubs advance. MLB.com’s Carrie Muskat reports that Schwarber could play through a simulated game on Sunday, during which the Cubs’ medical and baseball staff would evaluate his chances for a late season return. If he does play, it will likely be in a pinch-hitting or DH role and not on the field.
Cubs’ outfielder Kyle Schwarber will return to the playing field on Saturday, per a report by the Chicago Tribune’s Mark Gonzales. The club’s prized left fielder suffered a season-ending injury when he collided with Dexter Fowler back in April, tearing both his ACL and LCL and undergoing intensive knee surgery later that month.
While no nerve damage was discovered during the surgery, the Cubs have kept a close eye on Schwarber during his recovery and put a kibosh on any part-time or full-time role with the team until the spring of 2017. Getting a few reps in during the Arizona Fall League appears to be the last step in the 23-year-old’s rehab process. He will be part of the Mesa Solar Sox’ ‘taxi squad,’ making him eligible for games on Wednesdays and Saturdays only.
Schwarber batted .246/.355/.487 with 16 in 69 games with the Cubs during his debut season in 2015. He will be added to the Mesa Solar Sox roster in advance of their set against the Salt River Rafters on Saturday evening.