Joe Paterno’s family is not backing down on having five university presidents deposed.
The estate is suing the NCAA, its president Mark Emmert, former executive committee chairman Ed Ray and Penn State, for fallout from the Jerry Sandusky child sex abuse scandal.
On Thursday, documents were filed in Centre County court that show the family is pressing its request to subpoena five of the presidents of other universities who were members of the executive committee at the time that Penn State received historic sanctions, including a $60 million fine and stripping of 112 wins from the football program.
The NCAA opposed the subpoenas last month.
“The NCAA has not come close to showing that the discovery sought is irrelevant,” attorney Thomas Weber wrote.
“This claim — that plaintiffs are not entitled to discovery before a ruling on another round of NCAA preliminary objections — is nothing new. But it is plainly wrong.”
The five include Michigan State President Lou Anna Simon, Utah State President Stan Albrecht, Hampton University President William Harvey, Wake Forest President Nathan Hatch and University of South Carolina President Harris Pastides. The first deposition, for Harvey, is set for Tuesday.
In Emmert’s own deposition, taken in December, he references a conversation with Simon.
“... The directors to be deposed were involved in the process of authorizing defendants Emmert and the NCAA to enter into the consent decree with Penn State that is at the heart of the dispute,” wrote Weber, who called the NCAA’s protests “unilateral and self-serving predictions as to what the directors could be asked.”
The NCAA also has objected to the estate’s amended filing of its complaint.