Judge to rule within two weeks on Penn State request for delay in McQueary lawsuit

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BELLEFONTE -- Judge Thomas Gavin said Friday he would decide within two weeks whether to grant Penn State University a stay in former assistant football coach Mike McQueary's $4 million lawsuit against the school.

Attorneys for the university have requested a stay through the criminal trials of former Penn State administrators Graham Spanier, Gary Schultz and Tim Curley.

Penn State counsel Nancy Conrad said should the lawsuit proceed, the university's case would suffer as it was not likely to be able to retain evidence from Mr. Spanier, Mr. Schultz and Mr. Curley, as well as have access to Mr. McQueary.

She said delaying the proceedings would not cause any harm to Mr. McQueary.

Mr. McQueary lawyer Elliot Strokoff argued that Penn State's request was based on hypothetical difficulties.

He read from an article in the Pennsylvania state constitution that stated a man whose reputation has been substantially injured should not be forced to have a delay in trial.

"We have maybes on one side," Mr. Strokoff said. "We have a constitutional right not to delay."

Mr. Strokoff said he had no plans to depose Mr. Spanier, Mr. Schultz or Mr. Curley.

He and Ms. Conrad declined to comment after the proceedings.

Mr. McQueary did not attend the hearing.

He is suing Penn State for $4 million for retaliation and misrepresentation, saying Mr. Curley and Mr. Schultz "intentionally misrepresented" to him that they would take seriously and report properly Mr. McQueary's report of a 2001 sexual assault involving former assistant football coach Jerry Sandusky.

Mr. McQueary is also suing for defamation, arguing that Penn State's actions have caused irreparable damage to his reputation and an inability to earn a living.

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Mark Dent: mdent@post-gazette.com and on Twitter: @mdent05.


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