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Astros ask Texas judge to dismiss Bolsinger lawsuit

Tom Szczerbowski / Getty Images Sport / Getty

Note: An earlier version of this story said Bolsinger's lawsuit had been dismissed.

The Houston Astros have requested a Harris County Court judge to dismiss a lawsuit filed by former Toronto Blue Jays right-hander Mike Bolsinger, according to the Houston Chronicle's Chandler Rome, citing court documents.

Bolsinger is seeking more than $1 million in damages and is alleging trade misappropriation.

Bolsinger was forced to refile his lawsuit in Texas in May after the original was dismissed by a California judge in March. The former filing listed Astros owner Jim Crane as a co-defendant alongside the ballclub while the newer iteration listed only the team.

The former major-league hurler claimed the signs stolen were "trade secrets." The Astros argued that neither Bolsinger nor the Blue Jays could claim ownership to the signs in that fashion in a motion to dismiss.

"The signs are not trade secrets, and, to the extent that any party can 'own' hand gestures meant to convey pitching strategy, the signs are owned by the Toronto Blue Jays, not (Bolsinger)," the motion read.

Bolsinger last pitched in MLB on Aug. 4, 2017, when he allowed four earned runs on four hits while issuing three walks in a relief appearance against the Astros during the height of the sign-stealing scandal.

The 33-year-old played for Chiba Lotte in Japan in 2018-19 where he posted a 3.79 ERA over 232 2/3 innings. He signed a contract this year with the Long Island Ducks of the independent Atlantic League and has gone 1-4 with a 6.40 ERA, 1.83 WHIP, and 30 strikeouts over 11 appearances (eight starts).

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