ESPN Cleveland’s Tony Rizzo subpoenaed in Bernie Kosar’s lawsuit over sports bet

CLEVELAND, Ohio — A media company sued by Bernie Kosar has asked a judge to force sports radio host Tony Rizzo to hand over any texts or emails he exchanged with the former Browns quarterback about Kosar’s pending lawsuit.

BIGPLAY Media says in court filings that Rizzo has ignored a subpoena, and it has asked a judge to compel both Rizzo and his employer, ESPN Cleveland WKNR, to provide the requested documents — including any communication Rizzo has had about the lawsuit.

In April, Kosar filed a lawsuit against BIGPLAY and its CEO Kendall Myles in the Cuyahoga County Common Pleas Court. He accused the company of wrongfully firing him and of forcing him to place a sports bet that ultimately cost Kosar his radio job with the Browns in 2023.

That $19,000 bet on Jan. 1, 2023, was part of a promotion set up by BIGPLAY for the now defunct Tipico Sportsbook. The Browns said in a statement at the time that Kosar “violated the NFL gambling policy by placing a bet on an NFL game.” The policy prevents team employees from betting.

BIGPLAY has since denied any wrongdoing in court filings, and it has countersued Kosar, saying the former Browns QB was paid $360,000 and then refused to perform basic requirements of the contract he signed with the company. Kosar has since denied many of BIGPLAY’s accusations, as well.

Rizzo’s involvement with the lawsuit apparently began on June 12, when he and co-host Aaron Goldhammer discussed Kosar’s lawsuit on ESPN Cleveland’s “The Really Big Show.” Rizzo said on air that he had spoken with Kosar about the situation.

While talking about the lawsuit, Rizzo said: “Bernie is not going to comment on this publicly. He’s commented on my phone, which is private.”

Rizzo also said that Kosar’s contract with the Browns was “substantial” before saying he wouldn’t get into specifics.

A month later, BIGPLAY’s attorney subpoenaed Good Karma Broadcasting LCC, which runs ESPN Cleveland.

BIGPLAY’s attorney asked for any and all communications between Kosar and Rizzo since the day Kosar made the $19,000 bet, including any communications that were referenced during that episode of the show.

The lawyers also demanded any communications Rizzo had with anyone else regarding Kosar’s lawsuit.

ESPN Cleveland responded Aug. 13, according to court filings, saying it did not have the documents BIGPLAY requested and that it didn’t have custody of Rizzo’s personal phone.

BIGPLAY served Rizzo with a subpoena at his home eight days later on Aug. 21. BIGPLAY also asked Rizzo for any communications between him and Goldhammer on a variety of topics related to Kosar.

At the end of September, an attorney for BIGPLAY asked a judge to compel both ESPN Cleveland and Rizzo himself to respond to the subpoenas and to give up those records.

BIGPLAY also accused Rizzo of ignoring the subpoena and asked a judge to force Rizzo to explain why he shouldn’t be held in contempt of court, according to the filings.

A judge has yet to rule on the motions, and court documents make no mention if Rizzo has subsequently complied with the subpoena. Cleveland.com and The Plain Dealer reached out to ESPN Cleveland and Rizzo for comment. A reporter also reached out to BIGPLAY attorney Brian Nally. Kosar’s attorney, Christina Spallina, declined to comment.

Eric Chaffee, a law professor at Case Western Reserve University who specializes in business and contract law, said courts have a lot of power when it comes to subpoenas and documents — even over third parties who aren’t involved in the lawsuit.

Journalists, like Rizzo, are afforded some protection from subpoenas, Chaffee said. But those protections usually come into play to protect anonymous sources.

Any personal texts between Rizzo and Kosar likely wouldn’t be protected, Chaffee said. And Rizzo or ESPN Cleveland would have to show in court why any professional communications should not be subpoenaed.

Chaffee said either party could also file a motion to seal the documents from the public.

BIGPLAY countersues

BIGPLAY produces audio and video sports podcasts that air on social media and on the FanDuel Sports Network, formerly Bally Sports. Some of its shows are hosted by former Browns personalities, including Josh Cribbs and Hanford Dixon. Kosar used to host a video podcast on the network.

Kosar accused BIGPLAY of violating the terms of their contract, and he accused Myles, BIGPLAY’s CEO, of threatening him. But BIGPLAY’s response in court records paints Kosar as the problem in their business relationship.

Part of the contract was that Kosar would show up to a number of public appearances for BIGPLAY. Kosar said in his lawsuit that BIGPLAY wouldn’t respond to him when he reached out about scheduling the events.

But BIGPLAY denied this in court filings and said that Kosar gave excuses as to why he couldn’t show up for public appearances. BIGPLAY also accused Kosar of lying about being in Florida on one gameday, when instead he was in Cleveland on a competing show.

BIGPLAY also denied that Myles threatened to hit Kosar during a meeting at Lakefront Burke Airport. Instead, BIGPLAY said in court filings that Kosar arrived at the airport that day angry and that Myles “had to ask Mr. Kosar to stop yelling multiple times.”

In its response, BIGPLAY said that Kosar knew well ahead of time that he would be placing a $19,000 bet and that Kosar consulted with his own lawyer before signing the contract. Kosar was reimbursed $19,000 for the bet, according to BIGPLAY.

Kosar had also never told BIGPLAY that the bet would cause conflict with his Browns. If the company knew that, it wouldn’t have signed the promotional deal with Kosar, BIGPLAY said in its court filings.

BIGPLAY is now suing Kosar for an unspecified amount of damages, including the $360,000 it paid to Kosar. Kosar has denied the allegations in BIGPLAY’s counterclaim.

Sean McDonnell is a reporter for cleveland.com and The Plain Dealer. You can reach him at smcdonnell@cleveland.com.