SAN JOSE (CBS/AP) – Two defendants have been dropped from a lawsuit filed by a teen girl who says she was gang-raped by members of the De Anza College baseball team.

The San Jose Mercury News reports that plaintiff’s attorneys have decided not to pursue negligence allegations against Ryan Kanzaki and Spencer Maltbie. The two were dropped from the case Monday, leaving seven defendants still on trial.

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Kanzaki’s attorney, James Kellenberger, says his client witnessed the attack but didn’t participate.

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The alleged victim says she was assaulted by baseball players from the Cupertino-based community college on March 3, 2007, during a birthday party. She was 17 at the time.

The lawsuit was filed after prosecutors declined to file criminal charges. The California Attorney General’s Office has said witnesses were too drunk to remember what happened.

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