Jersey Shore bruiser Ronnie Magro scored a court victory Monday when a New Jersey judge refused to block the release of the DVD boxed set of the show including an episode in which Magro knocks a man unconscious on the boardwalk.
Stephen Izzo, who also has a criminal suit pending against Magro over the incident, sought a temporary restraining order to stop the release of the DVD boxed set scheduled for Tuesday. Superior court judge Joseph L. Foster declined the request, according to the Asbury Park Press.
"Foster said Izzo hadn't met the burden of proof needed to obtain a temporary restraining order," the Asbury Park Press reported. "That burden includes a showing that the plaintiff would have been substantially and irreparably harmed if the box set was released Tuesday as planned."
The judge also said that the producers took steps to hide Izzo's face, but the plaintiff, a 26-year-old carpenter, contended that he could still be identified by his tattoos.
Attorneys for Izzo and MTV, which airs the reality show, will return to court March 19 to argue whether the episode, called "One Shot," should be aired or distributed further in a way that profits the defendants.
Magro, who came under fire last week after leaked footage depicted him in an unrelated homophobic rant, did not appear in court on Monday.