Plaintiff's lawyers claimed they served Shaquille O'Neal last month. Like O'Neal at the free throw line, they missed.
Lawyers for O'Neal filed a motion to dismiss in Florida court stating that the Hall of Fame big man still hasn't been served with papers in a class-action lawsuit. That suit names several celebrity endorsers of the defunct cryptocurrency exchange FTX, including Steph Curry, Tom Brady and O'Neal, among others.
Last month, a lawyer for the plaintiffs took the subpoena effort to Twitter, reporting that process servers were barred from entering TNT's studios, and alleging that O'Neal had been served outside his home.
@BleacherReport Mr. O’Neal: We represent thousands of FTX victims who lost their savings in the massive FTX fraud. We have been standing outside your TNT studios in Atlanta all week, but your security guards will not let us in, to just hand deliver our legal complaint.
— The Moskowitz Law Firm (@moskowitzesq) April 14, 2023
UPDATE: Plaintiffs in the billion $ FTX class action case just served @SHAQ outside his house. His home video cameras recorded our service and we made it very clear that he is not to destroy or erase any of these security tapes, because they must be preserved for our lawsuit.
— The Moskowitz Law Firm (@moskowitzesq) April 17, 2023
Now it's come out that the service described by attorney Adam Moskowitz and his firm was simply throwing the legal papers at Shaq's car. O'Neal's lawyers claim their client did nothing overt to avoid service, and that he simply "drove past the strangers lurking outside his home."
According to the Wall Street Journal, proper legal service "requires an authorized person to deliver a paper copy of the summons and the complaint to the individual personally." That doesn't seem to have happened in O'Neal's case, which means that the legal proceedings can't go forward. The plaintiffs have two choices: Properly serve O'Neal with the complaint, or drop him as a defendant.
The plaintiff's lawyers asked permission to serve O'Neal via social media, but that effort was shut down like the Sacramento Kings trying to win a seven-game series.
O'Neal's motion was denied by a judge after his adversaries filed an amended complaint. But his attorneys contend that "Mr. O’Neal has not evaded service by failing to be at the residences where Plaintiffs belatedly attempted service." It seems unbelievable that a 7-foot-1 highly public figure, who is on television most nights during the playoffs is simply impossible to find.
That being said, O'Neal has shown quite a bit of speed and agility over the years.
Shaq running the fast break is a scary sight. (1997) pic.twitter.com/MCoE7FP6dD
— Timeless Sports (@timelesssports_) September 9, 2022
Because of that, it's hard for plaintiffs to claim O'Neal has been in hiding. He even posted photos of himself in the hospital after hip replacement surgery, and the process servers still haven't managed to serve him. But Moskowitz said his firm is "not going away," which is also what the Lakers said when O'Neal asked them to trade Kobe Bryant.
We've written before that the funniest possible outcome to the saga would be for Ernie, Chuck and Kenny to prank O'Neal by serving him with papers on the set of "Inside The NBA," but with their season possibly ending Tuesday night, it's likely that the Shaq service saga will linger into the summer.
And process servers will continue their quixotic pursuit of one of the largest, most famous men in the world.
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