In a rare moment of cooperation, attorneys for Graham Spanier and Louis Freeh agreed on something in court Monday.
The former Penn State president and the author of the report that alleged a conspiracy at the university to protect now-convicted child sex offender Jerry Sandusky are parties to a lawsuit in which Spanier accuses Freeh and his firm of defamation.
Freeh wants the case to be heard in federal court because he isn’t a Pennsylvania resident. Spanier counters that his law firm, Freeh Sporkin & Sullivan, also named as a defendant, lists a partner who is a Pennsylvania resident and is merged with law firm Pepper Hamilton LLP, headquartered in Philadelphia, qualifying the case to remain in the Centre County Court of Common Pleas where it was originally filed.
In August, U.S. Middle District Court Judge Malachy Mannion ordered Freeh to show cause for moving the case. Documents to that effect were filed Aug. 22. On Friday, Spanier’s attorneys responded with a “consolidated reply brief.”
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Then Monday, the two sides entered a joint request to extend the deadline for Spanier’s camp to respond to the Freeh side’s declarations.
Spanier had until Friday to enter his response. A second filing on the motion to remand is due by Sept. 22. Monday’s request asked for three more business days to complete a single document that would respond to both orders.