MIAMI -- While the identity of the man who caught Ken Griffey Jr.'s 600th home run ball has yet to be revealed, the man who says he should have it continues to move forward with legal action.

Justin Kimball said the ball was ripped out of his hands on June 9 at Dolphin Stadium by the man who ended up with it -- identified only by his first name, Joe -- and his attorneys filed a subpoena on Monday, requesting a videotape Marlins president David Samson said shows "beyond a reasonable doubt" that Joe indeed caught the ball on the fly.

The Marlins have until Friday to comply or reject the subpoena. If they choose to reject it, it will then be handled by the court.

On Thursday, Samson -- who has simply taken the role of advising Joe on what to do with the ball and stresses neither he, nor the Marlins, are in any way involved -- said he spoke with Joe and handed him a frame-by-frame videotape that proves he caught the ball on the fly.

Samson said Joe, wearing a giveaway Sergio Mitre jersey that afternoon, slipped a dummy ball on the ground in the right-field seats, caught Griffey's first-inning home run off Mark Hendrickson on the fly with his glove, then slipped away unharmed.

But Kimball said he caught the ball on the fly with his wool cap, then had it ripped away by Joe. Last Wednesday, Kimball, 25, filed a motion in Miami-Dade court for a temporary restraining order to prohibit Joe from selling it, but it was denied two days later.

Ariel Saban, one of Kimball's attorneys, said temporary restraining orders usually get denied because the court feels a matter could be handled monetarily. But because Saban has stressed his client isn't looking for any money in compensation because he simply wants to give the ball back to Griffey, the next step would be to appeal.

Saban, one of many lawyers working on the case for free, said Kimball has upward of nine witnesses claiming he indeed had the ball first, and most of them have agreed to sign a sworn affidavit.

After the game that saw him hit the historic home run, Griffey said he would like to have the ball, and Samson said he wants to try to make that happen. Joe's position, however, is still unknown.

"If the Marlins do have a videotape that could put this whole issue to rest already, why not just release it?" Saban said. "My client doesn't want any money, he doesn't want any notoriety. He simply wants the ball to end up in the hands of Ken Griffey Jr."