Electronically Filed by Superior Court of California, County of Orange, 01/07/2021 12:40:56 PM.

30-2020-01157569-CU-DF-CJC - ROA # 32 - DAVID H. YAMASAKI, Clerk of the Court By e Clerk, Deputy Clerk.

1 Daniel L. Rasmussen, Bar No. 120276

danlras@mac.com
2 Matthew K. Brown, Bar No. 252503
mkbrown34@gmail.com
3 1944 N. Tustin Street, No. 112
Orange, California 92865
4 Telephone: (949) 300-7405

5 Attorneys for Brian Harkins

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
9

10
BRIAN HARKINS, an individual, Case No. 30-2020-01157569-CU-DF-CJC
11
Plaintiff, Assigned For All Purposes To:
12 Hon. Melissa R. McCormick, Dept C13
v.
13 PLAINTIFF BRIAN HARKIN’S
MAJOR LEAGUE BASEBALL, an COMPENDIUM OF EVIDENCE IN
14 unincorporated association of professional SUPPORT OF OPPOSITION TO
baseball teams; ANGELS BASEBALL LP; a DEFENDANTS MAJOR LEAGUE
15 California Limited Partnership and DOES 1 BASEBALL’S AND ANGELS BASEBALL
through 100, inclusive, LP’S SPECIAL MOTION TO STRIKE
16 COUNTS ONE AND TWO PURSUANT
Defendant. TO CAL. CODE CIV. PROC. § 425.16
17 (ANTI-SLAPP)

18 VOLUME 2 OF 2

19 [RELATED TO ROA #19]

20 Judge: Hon. Melissa R. McCormick,

Date: January 21, 2021
21 Time: 1:30 p.m.
Dept.: C13
22
Reservation No.: 73402669
23
Action Filed: August 28, 2020
24 Trial Date: May 31, 2022

25 Plaintiff Brian Harkins (“Plaintiff”) submits the following Compendium of Evidence in

26 support of his Opposition to Defendants Major League Baseball and Angels Baseball LP’s Special

27 Motion to Strike Counts One and Two Pursuant to Cal. Code Civ. Proc 425.16 (Anti-SLAPP):

28
Case No. 30-2020-01157569-CU-DF-CJC
PLAINTIFF BRIAN HARKIN’S COMPENDIUM OF EVIDENCE IN SUPPORT OF OPPOSITION TO
DEFENDANTS' SPECIAL MOTION TO STRIKE
EXHIBIT 25
EXHIBIT 26
https://www.sny.tv/yankees/news/yankees-gerrit-cole-says-astros-didnt-use-substances-on-
baseballs-to-gain-advantage/312899612

Yankees' Gerrit Cole says Astros didn't

use substances on baseballs to gain
advantage
Cole's spin rate went from below average to elite after
joining Houston
Feb 24, 2020; Tampa, Florida, USA; New York Yankees starting pitcher Gerrit
Cole (45) throws a pitch during the first inning against the Pittsburgh Pirates at
George M. Steinbrenner Field. Mandatory Credit: Kim Klement-USA TODAY Sports
(Kim Klement)

By Danny Abriano | Feb 27 | 8:47AM

Gerrit Cole had a 3.50 ERA and 1.21 WHIP while striking out 8.4 batters per 9 in
five seasons with the Pirates.

Gerrit Cole had a 2.68 ERA and 0.96 WHIP while striking out 13.1 batters per 9 in
two seasons with the Astros.

So what changed after he left Pittsburgh?

Cole's velocity with the Astros ticked up a bit and he changed the way he attacked
hitters with his fastball. He also changed his release point. But whispers about how
the Astros help their pitchers (specifically when it comes to using substances on the
baseball to improve grip and spin rate) have dogged Cole and others who have had
tons of success after arriving in Houston.

Those whispers about the Astros are due in part to Reds pitcher Trevor Bauer, who
has called out Houston in the past while also taking what appears to be a swipe at
Cole while questioning the way the Astros use foreign substances.

One substance Cole and others have been accused of using is Pelican Grip -- a pine
tar and rosin blended grip enhancer.
Speaking with Joel Sherman of the New York Post, Cole -- whose spin rate went from
below average to elite after joining the Astros -- denied that the Astros were better
at creating a sticky substance for pitchers to use on baseballs and/or at teaching
pitchers how to employ using those substances.

"(Spin) is a skill that (Astros pitching coach) Brent (Strom) and those guys over
there have great tips on what maximizes spin. Period. They just do," Cole told
Sherman. "Brent was forward-thinking in the sense the Cardinals wanted to go east
and west and he wanted to go north and south. … So finally he gets over to a new
team in Houston, he gets control of the reins and people are going north and south
and they think it is a new invention. It is not a new invention."

It should be noted that many pitchers use substances to improve their grip, with
many batters looking the other way because they would rather pitchers be able to
control where the ball is going.

Starting this season, though, MLB will be cracking down on pitchers who violate
Rule 8.02, which prohibits pitchers from doctoring the baseball with anything
outside of the legal rosin bag.

How that impacts pitchers throughout the league remains to be seen, but it is
definitely something to keep an eye on in 2020.

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