Less than three weeks ago, Penn State won a battle in court, getting a judge to order one of Jerry Sandusky’s victims to hand over all of his medical records.
Now the university is back in court asking for John Doe 6’s financial records.
John Doe 6 is suing Penn State, The Second Mile and Jerry Sandusky, the former Nittany Lions assistant football coach convicted of multiple child sexual abuse counts in June 2012. Many of the victims were targeted through their participation in The Second Mile, the children’s charity Sandusky started.
In a motion to compel filed Monday in U.S. District Court for the Eastern District of Pennsylvania, Penn State’s attorneys asked the man to “produce all documents evidencing his income for each year he has earned income and/or filed federal income taxes.”
That includes all of his W-2s, all of his 1099s and any other document that would prove he received money.
“Plaintiff John Doe 6 has placed his earnings and earning capacity directly at issue in this case,” attorney Robert Clothier, of Saul Ewing LLP, wrote.
According to the documents, the university first requested the documents in February 2014. In April 2014, Doe served his responses, which included the statement, “Plaintiff is in the process of compiling the requested documents and will supplement this response when such documents become available.”
No objection to producing the documents was lodged at that time.
Over the next months, there were several exchanges between the two sides. According to the university’s filing, Doe said he was compiling the records, as well as school transcripts and diplomas, but in February, he said he could not find them and that he was attempting to get them through his tax preparer.
In March, the university says Doe produced federal and state tax returns for 2009-2013, which indicated they were self-prepared and contained no W-2s or other official documents.
According to the filing, Doe cannot testify in a deposition until all of the records have been obtained, and the university needs his past earnings for an expert report.
“With depositions imminent and the discovery deadline looming near (June 1), the (u)niversity needs these records now,” Clothier wrote.
Penn State announced in October 2013 that it had paid out $59.7 million in settlements with 26 of Sandusky’s victims. At a special telephone meeting of the Penn State board of trustees, trustees agreed to settle with “one or more” additional victims in a vote with no public announcement of an amount or a case.