Judge: Pepper Hamilton has violated court orders, Baylor has made Title IX suits more

5,702 Views | 37 Replies | Last: 4 yr ago by RD2WINAGNBEAR86
Osodecentx
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Judge: Pepper Hamilton has violated court orders, Baylor has made Title IX suits more burdensome, expensive

A federal judge has threatened sanctions against the Philadelphia law firm that Baylor University hired to investigate its handling of student sexual assault allegations, saying the firm has violated court orders to turn over documents to attorneys for women suing the university.
Normally soft-spoken and unfailingly polite, U.S. District Judge Robert Pitman appears to have lost patience with the Pepper Hamilton law firm and has set a hearing for Monday at which the judge, who said he thinks sanctions are appropriate, will allow the firm's attorneys to explain why the judge's orders were ignored.
In an extensive, 37-page order filed June 7 that details much of the history of the 3-year-old case, the judge said he also has concerns about Baylor's record of compliance with his discovery orders and also summoned Baylor officials to attend the hearing to explain their actions.

The show-cause hearing initially was to be held in Waco, but Pitman, of Austin, moved it to Austin.
Pitman is presiding over the suits filed by 15 former Baylor students known as Jane Doe 1-15, who allege the Baptist university fumbled how it handled their sexual assault complaints and fostered an atmosphere that downplayed the accusations.
In response to the sexual assault scandal, Baylor hired Pepper Hamilton to investigate, and the firm concluded there was a "fundamental failure" in how the school handled sexual assault allegations, according to a summary of the firm's conclusions released by the Baylor Board of Regents.
The investigation led to the dismissal of Baylor football coach Art Briles and prompted the departure of Baylor President Ken Starr and Athletics Director Ian McCaw.
Baylor and Pepper Hamilton have insisted Pepper Hamilton compiled no final report of its findings, and as discovery in the lawsuits has progressed, plaintiffs' attorneys Jim Dunnam and Chad Dunn repeatedly have called for both Baylor and Pepper Hamilton to produce anything and everything they have on the investigation.
Dunnam and Dunn have reported to Pitman that emails they have received contain evidence that a report exists, although Pepper Hamilton remains steadfast that no such report exists.
Pitman remains unconvinced, writing in his order that "there is now a fact dispute about whether Pepper Hamilton ever prepared a 'final' or 'internal' report on the investigation that was delivered to Baylor in some form but never publicly released."

Pitman said he will use the hearing to get to the bottom of whether such a report detailing the school's failures exists. He also will give attorneys for the law firm a chance to convince him why the firm should not be held in contempt and fined for abuses of the discovery process.
"This violation has caused three months of delay in a case that has already been pending for three years and forced the parties to revisit issues that should have been resolved two years ago when the subpoena was first issued," Pitman wrote. "This conduct increases costs for all parties and wastes public resources that are meant for adjudicating good faith disputes."
Bill Cobb, who represents Pepper Hamilton, and Lisa Brown, who represents Baylor, did not return phone messages seeking comment for this story.
Dunnam and Baylor spokesman Tonya Hudson both declined comment on the judge's order and the upcoming hearing.

Regarding Baylor, Pitman also said he has "continuing concerns" about the school's compliance record on his discovery orders.
"Baylor's repeated discovery of materials at the eleventh hour makes this case longer, more burdensome, and more expensive for all parties," he wrote.
Pitman also wrote that Baylor continued to provide thousands of pages of documents to plaintiffs' attorneys even after certifying to the court in September that they had complied with all discovery orders.
"Neither Baylor nor Pepper Hamilton have adequately explained when, how or why these documents were suddenly discovered," the judge said. "The record suggests that Baylor may have withheld court-ordered production."
In a motion filed Friday, Dunnam reported that since Pitman's ruling was entered, the plaintiffs received another large packet of discovery materials from Baylor, again after receiving assurances from Baylor that it was in compliance.
Included in the packet, the motion states, were at least 12 audio recordings from the Baylor Police Department, including a recording of one of the plaintiffs being interviewed by Baylor police. Dunnam had requested that all materials concerning his clients be disclosed to the attorneys before the women were deposed, and Baylor assured him that it had done so. The woman in the interview recording was deposed March 14, 11 weeks before the tape was produced, the motion states.
RD2WINAGNBEAR86
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Proverbs 21:15 "When justice is done, it brings joy to the righteous but terror to evildoers."

God is good.
"Never underestimate Joe's ability to **** things up!"

-- Barack Obama
LIB,MR BEARS
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RD2WINAGNBEAR86 said:

Proverbs 21:15 "When justice is done, it brings joy to the righteous but terror to evildoers."

God is good.
Reading this would be a great way to start each BOR meeting.
YoakDaddy
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As many of us have stated numerous times since May 2016, the best way for Baylor to handle this was full disclosure of all facts no matter where they may lead. Transparency and Accountability.

But, hey, 105! 105! 105! 105! 105! 105! Look at our 105!

Plssing off the judge from slow dragging info isn't a good look when he's about to find out if PH and BU were full of shlt as to whether or not a report was generated. I have zero sympathy for those who for 3 years stated there wasn't one IF one was produced and not turned over.
Eball
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I think we are at a tipping point on the Doe case...PH, PLT atty John Clune and BU working together to do what?

The pleading filed by Dunnam and Dunn on Friday lays it out...sounds like a crazy conspiracy we all would come up with...yet it is filed in a freaking Federal lawsuit and based on the Judge's show cause he may believe it.

I wonder if the settlement talks have been going overtime this weekend...it takes two to settle(or maybe three or four kicking into the pot)

Some have speculated that BU is holding firm and that is why no settlement...I just think PLT atty has refused to accept anything less than what some of us would consider excessive. They have used the discovery rules in an incredibly strategic way to turn up the pressure....

I am truly amazed we have gotten as far down the road on this as we have and there has been a lot of information released that starts to fill in some of the blanks. If it settles now it looks really bad as everyone rightly assumes there was info that BU could not afford to get out...if it does not settle it very well may get out,
Stan Mikita
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Sunlight comes from God.
Malbec
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YoakDaddy said:

As many of us have stated numerous times since May 2016, the best way for Baylor to handle this was full disclosure of all facts no matter where they may lead. Transparency and Accountability.

But, hey, 105! 105! 105! 105! 105! 105! Look at our 105!

Plssing off the judge from slow dragging info isn't a good look when he's about to find out if PH and BU were full of shlt as to whether or not a report was generated. I have zero sympathy for those who for 3 years stated there wasn't one IF one was produced and not turned over.
The problem with a written report is that if it doesn't actually prove what you want it to prove, it's in writing and you're on the hook for it. Whereas, if you just say, "Oh, it's really, really bad," nobody actually sees it to know whether it is or not, or whether who you said was bad were the ones most responsible for the bad.

Pro ENRON tip: If you are going to rig the game, clue your billing department in on it so they don't spill the beans.
57Bear
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Eball said:

I think we are at a tipping point on the Doe case...PH, PLT atty John Clune and BU working together to do what?

The pleading filed by Dunnam and Dunn on Friday lays it out...sounds like a crazy conspiracy we all would come up with...yet it is filed in a freaking Federal lawsuit and based on the Judge's show cause he may believe it.

I wonder if the settlement talks have been going overtime this weekend...it takes two to settle(or maybe three or four kicking into the pot)

Some have speculated that BU is holding firm and that is why no settlement...I just think PLT atty has refused to accept anything less than what some of us would consider excessive. They have used the discovery rules in an incredibly strategic way to turn up the pressure....

I am truly amazed we have gotten as far down the road on this as we have and there has been a lot of information released that starts to fill in some of the blanks. If it settles now it looks really bad as everyone rightly assumes there was info that BU could not afford to get out...if it does not settle it very well may get out,
Is it only monetary or is it possible that BU wants some non-disclosure terms that the plaintiff is not willing to meet?
YoakDaddy
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Malbec said:

YoakDaddy said:

As many of us have stated numerous times since May 2016, the best way for Baylor to handle this was full disclosure of all facts no matter where they may lead. Transparency and Accountability.

But, hey, 105! 105! 105! 105! 105! 105! Look at our 105!

Plssing off the judge from slow dragging info isn't a good look when he's about to find out if PH and BU were full of shlt as to whether or not a report was generated. I have zero sympathy for those who for 3 years stated there wasn't one IF one was produced and not turned over.
The problem with a written report is that if it doesn't actually prove what you want it to prove, it's in writing and you're on the hook for it. Whereas, if you just say, "Oh, it's really, really bad," nobody actually sees it to know whether it is or not, or whether who you said was bad were the ones most responsible for the bad.

Pro ENRON tip: If you are going to rig the game, clue your billing department in on it so they don't spill the beans.

The other problem with a written report IF one was generated (may/may not prove anything), is that for 3 full years now BU and PH have proclaimed to so many outlets that there is no written report. Many of us on here believed that and stated that on social media. IF it turns out one was generated but never produced, that huge lie makes us all look like dishonest fools.
Malbec
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YoakDaddy said:

Malbec said:

YoakDaddy said:

As many of us have stated numerous times since May 2016, the best way for Baylor to handle this was full disclosure of all facts no matter where they may lead. Transparency and Accountability.

But, hey, 105! 105! 105! 105! 105! 105! Look at our 105!

Plssing off the judge from slow dragging info isn't a good look when he's about to find out if PH and BU were full of shlt as to whether or not a report was generated. I have zero sympathy for those who for 3 years stated there wasn't one IF one was produced and not turned over.
The problem with a written report is that if it doesn't actually prove what you want it to prove, it's in writing and you're on the hook for it. Whereas, if you just say, "Oh, it's really, really bad," nobody actually sees it to know whether it is or not, or whether who you said was bad were the ones most responsible for the bad.

Pro ENRON tip: If you are going to rig the game, clue your billing department in on it so they don't spill the beans.

The other problem with a written report IF one was generated (may/may not prove anything), is that for 3 full years now BU and PH have proclaimed to so many outlets that there is no written report. Many of us on here believed that and stated that on social media. IF it turns out one was generated but never produced, that huge lie makes us all look like dishonest fools.
...and even worse, they used the excuse that creating a report would take too long, so if one was already created... Keep in mind too, that the law firm is not the same animal that it was when PH was hired, and there is more than one firm now fighting for its reputation.
Malbec
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57Bear said:

Eball said:

I think we are at a tipping point on the Doe case...PH, PLT atty John Clune and BU working together to do what?

The pleading filed by Dunnam and Dunn on Friday lays it out...sounds like a crazy conspiracy we all would come up with...yet it is filed in a freaking Federal lawsuit and based on the Judge's show cause he may believe it.

I wonder if the settlement talks have been going overtime this weekend...it takes two to settle(or maybe three or four kicking into the pot)

Some have speculated that BU is holding firm and that is why no settlement...I just think PLT atty has refused to accept anything less than what some of us would consider excessive. They have used the discovery rules in an incredibly strategic way to turn up the pressure....

I am truly amazed we have gotten as far down the road on this as we have and there has been a lot of information released that starts to fill in some of the blanks. If it settles now it looks really bad as everyone rightly assumes there was info that BU could not afford to get out...if it does not settle it very well may get out,
Is it only monetary or is it possible that BU wants some non-disclosure terms that the plaintiff is not willing to meet?
Or the money is so big that explanations would have to be made either way. Don't pay the money, everything is dumped out in court. Pay the money, and have to explain to people on the inside why you want them to pay so much for a limited T9 lawsuit. Either way, the people you didn't want to know will.
TexasScientist
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Stan Mikita said:

Sunlight comes from God.
Actually from the sun, but it's the light that counts here.
TexasScientist
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57Bear said:

Eball said:

I think we are at a tipping point on the Doe case...PH, PLT atty John Clune and BU working together to do what?

The pleading filed by Dunnam and Dunn on Friday lays it out...sounds like a crazy conspiracy we all would come up with...yet it is filed in a freaking Federal lawsuit and based on the Judge's show cause he may believe it.

I wonder if the settlement talks have been going overtime this weekend...it takes two to settle(or maybe three or four kicking into the pot)

Some have speculated that BU is holding firm and that is why no settlement...I just think PLT atty has refused to accept anything less than what some of us would consider excessive. They have used the discovery rules in an incredibly strategic way to turn up the pressure....

I am truly amazed we have gotten as far down the road on this as we have and there has been a lot of information released that starts to fill in some of the blanks. If it settles now it looks really bad as everyone rightly assumes there was info that BU could not afford to get out...if it does not settle it very well may get out,
Is it only monetary or is it possible that BU wants some non-disclosure terms that the plaintiff is not willing to meet?
Money overrides objections to non-disclosure terms.
57Bear
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Osodecentx said:

.... Normally soft-spoken and unfailingly polite, U.S. District Judge Robert Pitman appears to have lost patience with the Pepper Hamilton law firm and has set a hearing for Monday at which the judge, who said he thinks sanctions are appropriate, will allow the firm's attorneys to explain why the judge's orders were ignored. ...
Today is Monday.
TexasScientist
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Will the NCAA hold off its decision pending full disclosure by Baylor?
Eball
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TexasScientist said:

Will the NCAA hold off its decision pending full disclosure by Baylor?
I was wondering the same thing
Osodecentx
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There is an actual written PH report? I believe Baylor screwed Briles, but this issue is so bad I actually hope there isn't a report.
This is splashing mud on Livingstone, not just BOR

From WTH editorial quoting the judge:

The scheme may even backfire beyond possible court sanctions: "There is now a fact dispute about whether Pepper Hamilton ever prepared a 'final' or 'internal' report on the investigation that was delivered to Baylor in some form but never publicly released," Pitman writes, reviving a theory pressed by everyone from skeptical Baylor alumni to desperate apologists for former football coach Art Briles, who lost his job in the sex scandal in spring 2016. "Pepper Hamilton's emails and billing entries strongly indicate that there was, in fact, a Pepper Hamilton investigation report."
LIB,MR BEARS
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BU is making a huge impact in academia. Of course, it is for bad case study though.
YoakDaddy
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Eball said:

TexasScientist said:

Will the NCAA hold off its decision pending full disclosure by Baylor?
I was wondering the same thing

If they were smart, they would.
PartyBear
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The Baylor Regents of 2016 are the most incompetent BOR in the history of academia, I'm afraid. Starr also as it turns out is a complete buffoon for hiring a firm and potentially paying them for major work they didnt even do. I''m not talking he paid them here and there for hours they werent working but for potentially paying them when they may not have been doing the major part of the overall job they were hired to do in the first place. Although out of a little fairness to Starr once he made the stupid decision to hire the firm, it looks like the BOR took over and micromanaged the deal as if the BOR was the client of PH.
quash
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Following for today's ruling.
“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” (The Law, p.6) Frederic Bastiat
57Bear
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PartyBear said:

The Baylor Regents of 2016 are the most incompetent BOR in the history of academia, I'm afraid. Starr also as it turns out is a complete buffoon for hiring a firm and potentially paying them for major work they didnt even do. I''m not talking he paid them here and there for hours they werent working but for potentially paying them when they may not have been doing the major part of the overall job they were hired to do in the first place. Although out of a little fairness to Starr once he made the stupid decision to hire the firm, it looks like the BOR took over and micromanaged the deal as if the BOR was the client of PH.
I believe that PH was hired by the bor and managed by a select committee of the bor (with possible representation from BU legal).
YoakDaddy
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Update from the Statesman....
Austin judge may sanction law firm in Baylor sex assault lawsuit

By Ryan Autullo
Posted Jun 17, 2019 at 7:53 AM
Updated Jun 17, 2019 at 5:33 PM

A federal judge in Austin might slap sanctions on a Philadelphia law firm for failing to turn over documents in a Title IX compliance lawsuit against Baylor University.

In a sharply toned order from earlier this month, U.S. District Judge Robert Pitman blamed many of the delays in the three-year case on Pepper Hamilton's failure to produce materials to attorneys representing 15 women who filed suit against the private school in Waco for not adequately addressing their sexual assault complaints.

But before imposing any sanctions, the judge invited lawyers for Pepper Hamilton into his courtroom to explain why they have ignored his order and to also "get us back on track" toward an Oct. 7 trial. Monday's hearing was in Austin, where Pitman regularly presides, and not in Waco, where other matters in the case have been handled.

Pepper Hamilton, which Baylor commissioned in 2015 to review its response to Title IX issues, missed an April 11 deadline to produce documents the women's attorneys believe include materials from a two-day presentation the firm made to Baylor's Board of Regents. The findings laid out in that presentation led to the dismissal of football coach Art Briles in 2016 and prompted the departure of Baylor President Ken Starr and Athletics Director Ian McCaw.

Then, Pitman noted, the firm filed an untimely motion to reconsider his order with new arguments that have been available to them for years. These actions, the judge asserted in a June 7 order, appear to be a willful tactic designed to delay and complicate the discovery process. Pitman, as noted in the order, was inclined to issue sanctions against Pepper Hamilton, but wanted to hear from them first. He said he'll announce his decision soon in a written order.

Bill Cobb, an attorney representing Pepper Hamilton, attributed the missed deadlines to the significant cost incurred from preparing the documents for release while withholding privileged information. The judge cut him off and noted the irony in the statement. The delays, Pitman said, have resulted in an increased financial burden for the women to continue with the litigation.

There are more than 11,000 emails and other files that are relevant to the case that must be turned over, Cobb said.

Leslie Gomez, a lawyer who worked for Pepper Hamilton at the time of the 2016 review, told the court that the only document that exists from the review is a 13-page summary that has been made public. The materials Pepper Hamilton used to prepare for its presentation to the Board of Regents are protected under a previous ruling the court made, she said.

Attorneys for the women, however, believe they should have access to them.

"Facts are being withheld about who did what and why," said Jim Dunnam, a Waco-based lawyer representing the women. "We want to get to the truth and we're just not getting there."

Pitman, immediately after taking the bench Monday morning, made a light crack about a description of him in the Waco Tribune last week as "normally soft-spoken and unfailingly polite." His message took a biting tone Monday. He called Pepper Hamilton's failure to produce the documents "incredibly risky."

When an attorney for the firm tried to speak over Pitman, the judge bristled: "You stop when I talk."

The judge also had concerns about Baylor twice waiting until deadlines to produce documents, but stopped short of threatening sanctions against the school or its lawyers. An attorney who previously worked for Pepper Hamilton said the school was unaware some documents existed and turned them over as soon as possible.
quash
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Judge apparently won't rule until next week.
“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” (The Law, p.6) Frederic Bastiat
whitetrash
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57Bear said:

PartyBear said:

The Baylor Regents of 2016 are the most incompetent BOR in the history of academia, I'm afraid. Starr also as it turns out is a complete buffoon for hiring a firm and potentially paying them for major work they didnt even do. I''m not talking he paid them here and there for hours they werent working but for potentially paying them when they may not have been doing the major part of the overall job they were hired to do in the first place. Although out of a little fairness to Starr once he made the stupid decision to hire the firm, it looks like the BOR took over and micromanaged the deal as if the BOR was the client of PH.
I believe that PH was hired by the bor and managed by a select committee of the bor (with possible representation from BU legal).



At the time all of this was going down in 2016, BU's General counsel was on leave of absence dying of cancer.
quash
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"The evidence of Pepper Hamilton's
conduct in violation of the Court's orders is so "clear, direct, weighty, and convincing" that the
Court reaches this conclusion with clear conviction and without hesitancy."

Sanctions granted, PH to pay Plaintiffs costs to compel production.
“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” (The Law, p.6) Frederic Bastiat
Eball
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quash said:

"The evidence of Pepper Hamilton's
conduct in violation of the Court's orders is so "clear, direct, weighty, and convincing" that the
Court reaches this conclusion with clear conviction and without hesitancy."

Sanctions granted, PH to pay Plaintiffs costs to compel production.
Makes you feel all warm and fuzzy inside...they are the same folks who conducted the investigation that got us where we are today and have received high praise for their investigation from the BOR and our present Chair...
57Bear
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Eball said:

quash said:

"The evidence of Pepper Hamilton's
conduct in violation of the Court's orders is so "clear, direct, weighty, and convincing" that the
Court reaches this conclusion with clear conviction and without hesitancy."

Sanctions granted, PH to pay Plaintiffs costs to compel production.
Makes you feel all warm and fuzzy inside...they are the same folks who conducted the investigation that got us where we are today and have received high praise for their investigation from the BOR and our present Chair...
On July 29, 2011, the Third Circuit Court of Appeals called Gina Maisto Smith's (lead PH prosecutor on the BU contract) conduct "outrageous" and unconstitutional. She cost Philadelphia $$$. The bor knew, or should have known, who they were doing business with.









drahthaar
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The ties that bind coming unraveled.
RD2WINAGNBEAR86
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witchmo said:

The ties that bind coming unraveled.
Yes, witchmo, the truth is FINALLY seeing the light of day. Too bad there is not more outrage from Baylor Alumni. The overwhelming majority just don't really care. Sad but true. Pat Neff continues to tell us that Baylor is knee deep in money and contributions (which I do not believe). The message to me from Baylor is that I should funnel my money elsewhere. I am following their guidance.
"Never underestimate Joe's ability to **** things up!"

-- Barack Obama
YoakDaddy
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quash said:

"The evidence of Pepper Hamilton's
conduct in violation of the Court's orders is so "clear, direct, weighty, and convincing" that the
Court reaches this conclusion with clear conviction and without hesitancy."

Sanctions granted, PH to pay Plaintiffs costs to compel production.

Link?

So PH has to work for free?
Malbec
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YoakDaddy said:

quash said:

"The evidence of Pepper Hamilton's
conduct in violation of the Court's orders is so "clear, direct, weighty, and convincing" that the
Court reaches this conclusion with clear conviction and without hesitancy."

Sanctions granted, PH to pay Plaintiffs costs to compel production.

Link?

So PH has to work for free?
https://sicem365.com/forums/7/topics/47801/replies/1223434
PartyBear
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Is there a new deadline to produce the report, they better as hell comply with at this point ?
YoakDaddy
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From the KWTX article today.....

"But in a June 7, order, Pitman wrote, "Pepper Hamilton's emails and billing entries strongly indicate that there was, in fact, a Pepper Hamilton investigation report. Emails between Pepper Hamilton counsel Leslie Gomez and Gina Maisto Smith on May 21, 2016, discussed 'drafts of the overall findings and recommendations' and "the narrative of the findings and recommendations.'"

"If such a report does exist, this presents additional discovery compliance issues."

But during a June 17 hearing, Pitman wrote in Friday's order, "Baylor proffered statements by a Pepper Hamilton attorney who testified that they refer to internal attorney work product."

"If plaintiffs have remaining concerns about this issue, they may raise that with the court," the order says."

Yeah...if there is a report, I'd say that's a big discovery issue.
TexasScientist
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IMO the sanctions are not strong enough and do not go far enough.
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