A federal judge has scheduled a hearing next week for arguments about delaying the lawsuit filed by a young man who testified that Jerry Sandusky showered with him in 1998.
The hearing is set for 2 p.m. Tuesday in the federal courthouse in Philadelphia. The presiding judge is Anita Brody.
Lawyers for Penn State and The Second Mile have asked the judge to delay the suit, arguing in various court pleadings that the criminal prosecutions of former university leaders Graham Spanier, Tim Curley and Gary Schultz will prejudice the defense of the civil suit.
The university’s and charity’s lawyers want the judge to impose a stay until the criminal prosecutions are finished, and the lawyers have said those cases could go to trial in 2014.
Penn State’s lawyers said Curley’s and Schultz’s testimony will be critical to the university’s defense in the lawsuit. But those men will not cooperate while they are being prosecuted, university lawyers said in court papers in support of the stay.
The lawyers also have said the Freeh report cannot take the place of their testimonies.
But the lawyers for the young man known as Victim 6 argued for the civil case to proceed, saying the man has waited long enough.
Judges have delayed all the other civil lawsuits brought by men claiming to be abused by Sandusky.