Penn State

NCAA reiterates demand for discovery documents from ex-Penn State coaches

Jay Paterno
Jay Paterno CDT file photo

New filings in Centre County court sing a familiar song with the NCAA again demanding documents from former Penn State assistant football coaches William Kenney and Jay Paterno.

NCAA attorney Thomas Scott, of Killian & Gephart in Harrisburg, on Tuesday filed a reply in support of his client’s motion to compel production of the discovery documents.

The two coaches are the last partners to the estate of longtime Nittany Lions coach Joe Paterno in its defamation, breach of contract, tortious interference, disparagement and conspiracy suit against the NCAA and Penn State.

“Plaintiffs have had over a year to comply with their discovery obligations. Yet they continue to shirk them. The court should grant the NCAA’s motion to compel and require plaintiffs to certify that, after a reasonable search, they have produced all documents in their possession, custody and control,” Scott wrote.

The NCAA has asked for specific information — such as job searches and job offers the two men received before and after the breaking of the Jerry Sandusky child sex abuse scandal and its ripple effects — including the NCAA’s historic and since-repealed punishments of the program via a consent decree signed with the university. The college sports organization also has requested all drafts and production materials associated with Paterno’s book, communications with public relations personnel and information about his contemplated run for lieutenant governor in 2014.

In the new filing, Scott reiterated those requests, discounting Paterno’s arguments that some areas are immaterial.

“Paterno’s production is either incomplete or there is exceedingly insufficient documentary evidence underlying the allegations in his verified complaint,” Scott wrote.

In their previous filings, Paterno and Kenney called the NCAA demands “bullying,” and said they had complied to the best of their ability.

Scott wrote that if that was true, both should accede to the NCAA’s request to certify that their production was complete.

“That is inappropriate and unnecessary,” the plaintiffs’ attorneys wrote in July. “There is no basis to impose an extraordinary and duplicative certification obligation beyond what the rules require and they have already provided. The discovery requirements for Paterno and Kenney should be the same as the discovery requirements for the NCAA.”

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