TORONTO - A U.S. federal judge has ruled a subpoena can be issued compelling the former owner of the Vancouver Canucks to testify in a lawsuit arising from Todd Bertuzzis career-ending attack on Steve Moore. The Ontario Superior Court of Justice asked the U.S. court earlier this year to subpoena John McCaw Jr., who is based in Seattle, to testify in Toronto. Moores lawyer, Tim Danson, says he hopes McCaw will accept the rulings of the Ontario Superior Court and the United States District Court and appear as ordered at the trial slated to begin in September. Moore is suing Bertuzzi and the Canucks for $38 million for a 2004 on-ice hit that left Moore, then a Colorado Avalanche player, with a concussion and three fractured vertebrae. Danson had argued a jury should be able to hear McCaw answer whether he knew Canucks players were gunning for retaliation against Moore for a hit weeks earlier on former Canucks captain Markus Naslund that resulted in a concussion. Bertuzzi has alleged the Canucks then-coach Marc Crawford urged his players to make Moore "pay the price," while Crawford has claimed Bertuzzi disobeyed instructions to get off the ice before Moore was attacked. Danson has said NHL commissioner Gary Bettman and deputy commissioner Bill Daly have voluntarily agreed to testify. Danson has suggested that McCaw fostered a corporate culture that may have at least implicitly approved such an attack, including having as the president and general manager Brian Burke, who was "unapologetic about promoting violence in hockey." McCaw no longer owns the Canucks, having sold his company Orca Bay, now known as Canucks Sports and Entertainment. But he maintains a "very significant financial interest" in the outcome of the lawsuit, as he is still on the hook for half of any liability found against the team, which Danson said was a condition of the sale. Cheap Orioles Jerseys . 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No.WASHINGTON -- Denard Span will take the five hits, of course, especially with three of them coming off Johnny Cueto. Hell take greater satisfaction in the way he was able to create havoc the way a leadoff hitter should, using his speed to get the Cincinnati Reds to commit a pair of errors in the Washington Nationals 9-4 win Tuesday night. "I got more gratification just disrupting them and getting them to throw the ball away," Span said. "For me thats how I have to take over a game." And take over, he did. He finished 5 for 5 with two runs, two doubles, two RBIs and a stolen base as he and the Nationals accomplished a first for 2014: They made Cueto (4-3) look mortal. The Reds ace allowed more than two runs, more than five hits and failed to pitch at least seven innings -- all for the first time this season. His final line: 5 1-3 innings, six hits, eight runs (six earned), six strikeouts. He also hit two batters in the same inning -- the seven-run sixth when the Nationals blew the game open. "They played really well. And you know what? Im human. Im human," Cueto said through an interpreter. "I just got to keep my head up and keep working. Thats all I got to do." It was Cuetos shortest start since Sept. 16, 2013, and his most runs allowed since Sept. 22, 2010. His ERA rose from 1.25 to 1.86. He wasnt helped by a Reds defence that committed four errors -- twice as many as in any previous game this season. "He wasnt just the groundball machine, strikeout machine that hes been to this point," Reds manager Bryan Price said. "Its just the law of averages caught up with us today." Doug Fister (1-1), making his home Nationals debut, allowed two runs and six hits over seven innings with good movement on his fastball. He had a streak of 12 retired batters in a row, and he worked out of a jam in the sixth with the help of a diving stop by third baseman Anthony Rendon and a tiptoe stretch by first baseman Tyler Moore that turned Rendons throw into the third out. Above all, Span was the unstoppable agitator, and it paid off in the Reds calamitous third and sixth innings. Fister led off the third by reaching on an error when first basemann Todd Frazier couldnt backhand a grounder.dddddddddddd Span then tried to bunt his way on and did even better, laying one down that prompted a wide throw from third baseman Ramon Santiago. Fister scored all the way from first, and Span ended up on third and scored on Rendons sacrifice fly to give the Nationals a 2-1 lead. In the sixth, Span led off with a single, then stole second and went to third when catcher Brayan Penas throw went into centre field. Span scored on Jayson Werths RBI single and eventually came around to bat again in the inning, bringing home two more runs with a double off lefty reliever Sean Marshall. "Thats a good sign. I hit a lefty like that, a breaking-ball lefty," Span said. "Stay back and drive the ball like that. I havent done that in a while." The evenings work raised Spans batting average from.239 to .263. Before the game, manager Matt Williams said he was sticking with Span when asked about a possible change in the leadoff spot. The big night might be the turning point that justifies Williams patience. "Looking back at last year, he started a really good streak in the second half," Williams said, "so certainly it can get him going." NOTES: Spans five hits tied a career high. ... The Reds have committed six errors thus far in two-game series -- they had only 13 all season before arriving in D.C. ... Cincinnati 1B Joey Votto missed his fifth straight game with a strained left quadriceps. Price said he hopes Votto will return when the Reds open a homestand Friday. "We just remain optimistic that Joeys going to be ready to play when we get back." ... Cincinnati RHP Mat Latos (left knee, right elbow) threw the equivalent of two innings in a simulated game and could be slotted for a minor league rehab start Sunday. ... Reds OF Jay Bruce (left knee) is eligible to return from the disabled list Wednesday. ... Nationals 3B Ryan Zimmerman (right thumb fracture) saw an occupational therapist to get a splint and that will allow him to start throwing the ball. Theres still no timetable for his return. ... Reds RHP Alfredo Simon faces RHP Tanner Roark in Wednesdays series finale. ' ' '