WHAT ARE THEY HIDING??? THEY WILL DO ANYTHING TO HIDE THE TRUTH!! FOR FIVE YEARS........AS I SAID A FEW WEEKS AGO, THEY WOULD COME TO A POINT THAT THEY WOULD SEEK RELIEF FROM THE FIFTH CIRCUIT THAT HAS THREE OR FOUR BU GRADS INCLUDING THE CHIEF JUDGE.....THEY ARE MISTAKING A VERY CONSERVATIVE COURT FOR A "BAYLOR" FRIENDLY COURT!!! THE COURT MIGHT HAVE BEEN A "LITTLE SYMPATHETIC" HAD BAYLOR AND PEPPER STUCK TO THEIR STORIES, BUT WHEN THEY GOT CAUGHT LYING BY THE JUDGE. WELL EVEN MOST BAYLOR GRADS WOULD HANG THEIR HEADS IN SHAME AND ADMIT THEIR TRANGRESSIONS, BUT BAYLOR......AIN'T HAPPENING.....NOT GOING TO SIT WELL IN NEW ORLEANS!!! SS
"Not only has Baylor raised numerous privilege and work product issues, but virtually every other Baylor-affiliated third-party(including the former president, former football coach, former athletic director, two separate public relations firms, individual regents, former Baylor employees, and Pepper Hamilton) has done so as well."
"When it comes to raising privilege objections, in doing so Baylor has been as aggressive as any party the court has encountered," U.S. Magistrate Judge Andrew Austin wrote.
By Angela Morris | May 12, 2021 at 06:30 PM
In a long-running discovery feud over giving up documents by Philadelphia-based Pepper Hamilton, Baylor University in Waco has asked an appellate court to overturn a judge's sanctions order that said to give them up.
Pepper Hamilton produced the mass of records while working for Baylor to investigate the football team sexual assault scandal and issue a 2016 report.
But the sexual assault victims who sued the school have been fighting for five years to get all of the documents.
Earlier in the litigation, a judge sanctioned Pepper Hamilton for violating court orders that told the firm to reveal the materials. The firm finally followed the court orders, and now, the litigants are fighting about a set of records that were different or new when comparing the documents from the firm with the documents from the university.
Although a magistrate judge ordered Baylor to give them to the plaintiffs, the school is fighting tooth and nail over its privilege claim.
At this stage, the university has filed a mandamus petition with the U.S. Court of Appeals for the Fifth Circuit, claiming that the documents were attorney work product and the district court abused its discretion by issuing a sanction forcing the school to hand over privileged records.
But the plaintiffs in the case have claimed the school is trying to conceal information that they need to press their Title IX claims related to Baylor's scandal, with the litigation alleging the school ignored the girls and created an environment for more sexual assaults to happen.
"Baylor is not interested in turning over these materials, and is going to great lengths to not turn them over, and great expense," said plaintiffs attorney Jim Dunnam of Dunnam & Dunnam in Waco about the discovery battle. "At the end of the day, we will do what is necessary to have the truth come out."
Just as Baylor is seeking relief in the Fifth Circuit, the school is making the same arguments in asking the trial judge, U.S. District Judge Robert Pitman, to press pause on the sanctions order and rule on objections to handing over the Pepper Hamilton documents. Pitman on Wednesday agreed to rule on the objections later this month.
So far, the courts have frowned on the school's arguments about privilege and confidentiality, which have been "seemingly endless," wrote U.S. Magistrate Judge Andrew Austin in the April 26 order that Baylor is now appealing.
"When it comes to raising privilege objections, in doing so Baylor has been as aggressive as any party the court has encountered. The end result is that discovery has dominated this case for years and has made it take far longer and cost far more than it needed to," wrote Austin in the order.
"Not only has Baylor raised numerous privilege and work product issues, but virtually every other Baylor-affiliated third-party(including the former president, former football coach, former athletic director, two separate public relations firms, individual regents, former Baylor employees, and Pepper Hamilton) has done so as well."
"When it comes to raising privilege objections, in doing so Baylor has been as aggressive as any party the court has encountered," U.S. Magistrate Judge Andrew Austin wrote.
By Angela Morris | May 12, 2021 at 06:30 PM
In a long-running discovery feud over giving up documents by Philadelphia-based Pepper Hamilton, Baylor University in Waco has asked an appellate court to overturn a judge's sanctions order that said to give them up.
Pepper Hamilton produced the mass of records while working for Baylor to investigate the football team sexual assault scandal and issue a 2016 report.
But the sexual assault victims who sued the school have been fighting for five years to get all of the documents.
Earlier in the litigation, a judge sanctioned Pepper Hamilton for violating court orders that told the firm to reveal the materials. The firm finally followed the court orders, and now, the litigants are fighting about a set of records that were different or new when comparing the documents from the firm with the documents from the university.
Although a magistrate judge ordered Baylor to give them to the plaintiffs, the school is fighting tooth and nail over its privilege claim.
At this stage, the university has filed a mandamus petition with the U.S. Court of Appeals for the Fifth Circuit, claiming that the documents were attorney work product and the district court abused its discretion by issuing a sanction forcing the school to hand over privileged records.
But the plaintiffs in the case have claimed the school is trying to conceal information that they need to press their Title IX claims related to Baylor's scandal, with the litigation alleging the school ignored the girls and created an environment for more sexual assaults to happen.
"Baylor is not interested in turning over these materials, and is going to great lengths to not turn them over, and great expense," said plaintiffs attorney Jim Dunnam of Dunnam & Dunnam in Waco about the discovery battle. "At the end of the day, we will do what is necessary to have the truth come out."
Just as Baylor is seeking relief in the Fifth Circuit, the school is making the same arguments in asking the trial judge, U.S. District Judge Robert Pitman, to press pause on the sanctions order and rule on objections to handing over the Pepper Hamilton documents. Pitman on Wednesday agreed to rule on the objections later this month.
So far, the courts have frowned on the school's arguments about privilege and confidentiality, which have been "seemingly endless," wrote U.S. Magistrate Judge Andrew Austin in the April 26 order that Baylor is now appealing.
"When it comes to raising privilege objections, in doing so Baylor has been as aggressive as any party the court has encountered. The end result is that discovery has dominated this case for years and has made it take far longer and cost far more than it needed to," wrote Austin in the order.