ADVERTISEMENT

Paterno Estate, NCAA Move Toward Sealed Summary Judgment In Lawsuit, LINK!

CaptainSidneyReilly

Chancellor
Dec 25, 2006
20,974
2,630
113
Asking for "Sealed" Summary Judgements Guess they Discovered things they don't want others to know and prefer to settle quietly and confidentially? Moreover, Attorneys representing the Paterno Critique of the Freeh Report and Paterno Estate asked for and were given permission to withdraw as Counsel, guess they figure not much of case.

Summary judgment is common element of litigation in the Commonwealth of Pennsylvania. For many lawsuits, summary judgment is as far as they get. For those that do make it through, the process is sometimes more time consuming than trial itself.

Summary judgment is when the court decides a case without having an actual trial first. The court looks at all of the evidence that has been collected and decides whether a trial is necessary. If it’s not, the court will issue a summary judgment, deciding that one party wins, and the other loses.

Summary judgment is also about whether trial is necessary or not. After all of the evidence is collected, one party argues that there doesn’t need to be a trial, and the other party argues the opposite.

Trial are about facts. It’s where the parties present their evidence and call their witnesses to prove to the jury or the judge that their version of the facts is true.

If there is a factual dispute or disagreement about what actually happened, then a trial may be required. Summary judgment is about the law. It’s where the parties agree upon a single version of the facts and argue about how the law affects their case. If there is a legal dispute or a disagreement over what the law means or how it should apply, and if the answer to that dispute means that one party might lose their case, summary judgment might be appropriate.

Sealed Settlement expected and both parties agree. Now almost all other Civil Lawsuits will follow and the entire Penn State Scandal is over except for Spanier and Sandusky Appeals Rulings.
Onward State:

Excerpts:
The Paterno estate’s lawsuit against the NCAA may be resolved without going to trial. In an order dated June 9, specially-presiding Senior Judge John Leete of Potter County granted a joint request by the Paternos and the NCAA to file under seal motions for summary judgment and response and reply briefs. Attorneys for both parties filed a joint motion on June 7 asking the court to file under seal “forthcoming dispositive motions” — meaning they would ask the court to decide the case — as well as supporting, responsive and reply briefs for those motions.

“The parties anticipate that the motions, responses, replies and supporting briefs will contain portions that have been designated ‘Confidential’ or ‘Highly Confidential'” under a protective order issued by Leete in 2014, Paterno attorney Thomas Weber and NCAA attorney Thomas Scott wrote.

They will file redacted public versions at the same time as the sealed documents. Along with granting the joint motion, Leet ordered an amended schedule. Dispositive motions and supporting briefs will be filed by June 30, responsive briefs by Aug. 7 and reply briefs by Aug. 28..................The Paterno estate, along with former assistant coaches Jay Paterno and Bill Kenney, are suing the NCAA, its president Mark Emmert and former executive committee chair Ed Ray in Centre County Court.

The lawsuit, filed in 2013, claims commercial disparagement, defamation, tortious interference and conspiracy, citing the use of the Louis Freeh report commissioned by Penn State in the NCAA’s consent decree for sanctions with Penn State related to the school’s handling of reports of child sexual abuse by Jerry Sandusky. The consent decree was replaced and most sanctions repealed or ended early. The plaintiffs say the report and sanctions resulted in damage to commercial interests and values and harmed the former assistant coaches’ ability to find similar work.
LINK:
https://onwardstate.com/2017/06/13/paterno-estate-ncaa-move-toward-summary-judgment-in-lawsuit/

Time to Go Back to Football and the Historic Game Series Paterno once ended away is now less than 2 months away now.
 
Last edited:
Why are things "sealed" up there? They earn the creepy valley brand every day!

PSU throwing more $$$ to keep things quiet up there. The word transparency is not in the vocabulary up there.
They chose a public forum paid for by public dollars. Look for this to be challenged by legit newspapers...well, not the PG
 
Why are things "sealed" up there? They earn the creepy valley brand every day!

PSU throwing more $$$ to keep things quiet up there. The word transparency is not in the vocabulary up there.
Most likely to Protect the Children Names when they are protected by Confidential Settlements. When PMA-PSU Case revealed a Child telling Paterno in 1976 these were agreed to be seen in Discovery with Limited Redacted Sealed Documents not including his name and he refused to give permission to see it. Both the NCAA and Paterno's were able to explore that Confidential Agreement. The same for Paterno's Private Own Business Relationships and Contracts the NCAA asked to explore in Discovery and Penn State and NCAA communications on the Consent Decree. Along with Curley Testimony
Excerpt:
APRIL 2017

The Pennsylvania court has granted the NCAA's request to seal its recent filing relative to deposing Timothy Curley, as well as former Penn State football coaches William Kenney and Jay Paterno’s request to seal their response on April 18, according to court documents............The motion for leave includes the following conditions set forth by the NCAA’s legal team: the motion refers to information that has been deemed “highly confidential” under the protective order from September 2014 and the physical evidence is also kept “highly confidential.”......A motion to leave is a motion filed by the court seeking permission to deviate from an established rule or procedure of the court. The Consent Decree consisted of a series of sanctions against the Penn State football program. Penn State did not want to go to trial and requested Kenney and the estate to pay for the documents in order for them to be provided...................
LINK:
http://www.collegian.psu.edu/news/crime_courts/article_cb365d90-250c-11e7-a39e-97d07260de33.html

June 2016

NCAA Narrows Request for Sandusky Accuser Information
After Penn State filed to quash a subpoena from the NCAA for documents related to settlements with individuals who accused Jerry Sandusky of abuse, the college sports governing body says it has narrowed its request to one document and two names. The NCAA is seeking the information about two people who said they were sexually abused by the former Penn State football assistant coach Sandusky in the 1970s and claim they had told then Penn State head coach Joe Paterno about the allegations. The subpoena came in connection with NCAA's civil suit with Paterno's estate, which is suing the NCAA for defamation and commercial disparagement, among other claims. Penn State objected to the subpoena, stating that turning over settlement documents would violate confidentiality terms and bring unnecessary harm to the accusers. Paterno estate attorney Thomas Weber filed a response on Monday supporting Penn State's motion to quash the subpoena, stating that the information sought is tangential to the case. "In the alternative, if the Court does not quash the subpoena, it should ensure that plaintiffs have an opportunity to fully explore the basis for any third-party allegations that are allowed into the record in this case."...................
LINK:
http://www.statecollege.com/news/lo...est-for-sandusky-accuser-information,1468302/

September 2016;
Joe Paterno's estate wins access to NCAA documents on lifting consent decree against Penn State
LINK:
http://www.pennlive.com/news/2016/09/paterno_estate_wins_access_to.html


JULY 2016:
Unsealed Court Documents: Sandusky Abuse Allegation Was Reported To Joe Paterno In 1976
In compiling his report, Williams was given access to information about Penn State’s settlements. This is confidential information, and in addition to citing two more widely known incidents (including that witnessed by Mike McQueary), the report appears to have unearthed four new cases that were not publicly known:




    • A 1976 incident where one alleged victim made a report to Joe Paterno.
    • A 1987 instance of improper sexual contact between Sandusky and a minor that was witnessed by then-assistant coach Joe Sarra.
    • A 1988 instance of improper sexual contact between Sandusky and a child that was witnessed by then-assistant coach Kevin O’Dea.
    • A 1988 incident, the report of which was referred to then-athletic director Jim Tarman.
Update, 9:49 a.m.: Here’s more detail on the 1976 allegation, from the victim’s 2014 court testimony.....................
LINK:
http://deadspin.com/unsealed-court-documents-sandusky-abuse-allegation-was-1783508016

May 2015:
NCAA asks for subpoenas in Paterno case

After opposing subpoenas from the plaintiffs for months, the NCAA is now on the counterattack. The college sports oversight organization is being sued, along with President Mark Emmert, former executive committee chairman Ed Ray and Penn State, by the estate of longtime Nittany Lion football coach Joe Paterno. The estate alleges defamation, breach of contract, tortious interference, commercial disparagement and conspiracy in the actions surrounding the Jerry Sandusky child sex abuse scandal. On Wednesday, the NCAA filed a request for a subpoena in the case, taking aim at Paterno’s son, Scott. NCAA attorney Thomas Scott, of Killian and Gephart LLP, asked Scott Paterno to provide all documents concerning the university-commissioned independent investigation by former FBI director Louis Freeh and anything regarding the consent decree between the NCAA and Penn State, which allowed for the school’s unprecedented punishment. He also asked for anything regarding the Paterno estate’s own investigations and critiques of the Freeh report and Sandusky scandal by former U.S. attorney general Dick Thornburgh, former FBI profiler and noted sex crimes expert Jim Clemente and psychiatrist and sex offender authority Fred Berlin.................
LINK:
http://www.centredaily.com/news/local/education/penn-state/article42918351.html

JAN 2016
Paterno shoes? Court document asks for explanation of potential Nike project

The data mine that Joe Paterno's estate's lawsuit against the National Collegiate Athletic Association is at the moment yielded an interesting nugget from new court filings Wednesday. The NCAA, presumably in testing the estate's assertions that it has suffered financial damages from the association's involvement in the Jerry Sandusky child sex abuse scandal, asked Nike Inc. to turn over all records it has regarding the "possible production and sale of a shoe modeled after a shoe worn by Coach Paterno." Paterno, as far as we know, usually prowled the sidelines on football Saturdays in classic blacks. Efforts to reach Nike for comment Wednesday were not successful, so it was not clear when this product exploration occured; whether it was aimed at footwear for coaches, players, or the general public; or why it was dropped...............
LINK:
http://www.pennlive.com/news/2016/01/joepa_shoes_court_document_ask.html
 
They chose a public forum paid for by public dollars. Look for this to be challenged by legit newspapers...well, not the PG
I mentioned way before any Lawsuits were filed on Defamation and Commercial Disparagement, it always cuts two ways with a Double edged Sword. The Truth Is An Absolute Defense. what they find out about those they alleged hurt the Reputation and Value of One's Public Name they also can cut back and find how you caused your own problems and were hiding things from the Public that if they go to Trial will come out. Thus, after all Discovery and Court Records and other Lawsuits produce evidence that is damaging to both Plaintiffs and Defendants, usually a Sealed Settlement is preferred and one can say we got what we wanted and the other will say we are glad we did go to trial and could settle this properly and fairly. Sorry, no details all is Confidential!

The Other View and How Cult Dolts Fell For It and ignoring Paterno was in business with some Trustees as well at one time. Why Jay Paterno is now on the Board of Trustees too. Once PMA Insurance Case 1976 Revelations and Schultz-Curley Testimony refuting Paterno Report Thornburg, Sollers, and Clemente Critique of Freeh Report fell part once "Coach" in Emails and pretty much ended any chance this case is going to Trial? Hail Ziegler actually blames the Paterno as part of the problem on Sandusky but they did not know, and admitting Freeh Report that Joe could have done more was fair criticism.
2013:
How Penn State Board Of Trustees Works:
Excerpts:
Sandusky scandal erupted.
IV. The Root of the Problem:

Centralization of All Power in the President
The root problem with the Penn State Board of Trustees arises from the centralization of all the powers of the University into the hands of the President. This occurred in July 1970...................
LINK:
https://nittanyvalley.org/2013/06/2...enn-state-board-of-trustees-really-functions/

I still choose to judge Joe Paterno as a Great Football Coach based on his building of the Penn State Program, turning Recruits into Players and Teams, Assistant oaching Stability, and Wins.Joe himself said he was Not Perfect nor a Saint, but he was a Great Coach and part of the problem the Game out Grew Him and he stayed too long and did not know how to retire, and the Athletic integrity Regulations grew bigger and ignored at Penn State.Others can differ and many view it differently and I respect it.


On the other hand, If Joe can keep silent on Ref Dion Guman being selected as a Ref by Paterno when his own Son is was given a Scholarship and Played in Games his own father was a Ref, and Joe says 4 to 5 Plays by 2 to 3 Players can win the games, he should have at least let the other Coaches Know Ref Guman was an official in Penn State Games. Alabama exposed it and Joe had no response but silence and that was before 1976! This is why in Hindsight he should have done more too.

at the same time, Joe was not Silent when he felt Big ten Refs were cheating Penn State (And I agree With Him They Were Cheating PSU), out of some games too, and demanded Instant Replay or would leave the Big Ten and all of sudden Joe was standing up for Honest Referees in 1990s? Hypocrisy is part of CFB but Joe said that about Sherrill and Switzer too, with a slide snide remark off the records Wink Wink? But Sherril and Switzer Legacies are not in Ashes like Joe's today with The Worst College Football Program Scandal In History?

The Movie with Al Pacino will center on from the Eyes of Joe Paterno, it is going to bring tears to many Nittany Lions Alumni, and not end as expected, but truly is a Greek Tragedy!
 
Last edited:
  • Like
Reactions: Saboteur
t6sFnHv_d.jpg
 
  • Like
Reactions: CaptainSidneyReilly
I used to respect JVP. I no longer have any respect for him or any accomplishment for which he is associated. Captain---I like your posts but I don't understand how you still have admiration for this man.

You simply cannot separate his decisions to ignore a youth complaint of this nature (1976), to retain a senior employee for 12+ years after staff saw those events (1987, 1988--he either knew and did nothing or created a culture that did not allow whistleblowing----pick your crime in that case although I believe it is the latter given his bragging in the 80s and 90s about his players' inability to get a parking ticket without his knowledge and Sue's involvement in their academic actions), and he let Guman ref (Wow, what a conflict of interest).

I don't see how anyone can say, "I still respect JVP for this or that...." Leadership is leadership whether it is corporate, athletic, community or otherwise. You can't receive credit for great leadership with such incredible value-based failures on your resume.

He built a house of cards. The cards have fallen. He was a mob boss that for decades had an incredible facade. He is the man behind the green curtain. Pacino should play this character brilliantly.
 
Last edited:
ADVERTISEMENT
ADVERTISEMENT