A judge has told the estate of former Penn State coach Joe Paterno that one motion in their case against the NCAA and Penn State is too early.
Judge John Leete issued an order Wednesday that declared the motion to compel discovery filed by the plaintiffs in the case filed in Centre County Court of Common Pleas premature.
The motion, originally entered into the docket in April, demanded that the NCAA, Chairman Mark Emmert and former Executive Committee Director Edward Ray turn over documents originally requested in January.
However, the NCAA subsequently filed other motions that delayed that, including one requesting a protective order that would keep information in discovery documents turned over to the plaintiffs from being released.
Last week, Leete issued an order ruling on the various motions filed in recent months. While the Paternos and other plaintiff parties were given permission to receive many of the documents they requested, the protective order sought by the defense was also granted.
In the new document, Leete noted that the plaintiff motion from April is premature, pending the issuance of the protective order. The judge said the NCAA has already agreed to produce that material once the protective order is in place.