Paterno Estate Accuses NCAA of ‘Bullying Tactics’ and ‘Avoiding Trial’ in Lawsuit

Attorneys for the estate of former Penn State Head Football Coach Joe Paterno are going on the offensive.

In a motion filed in the Centre County Court of Common Pleas earlier this month, the NCAA accused the plaintiffs in the Paterno estate’s lawsuit of “shirking” their obligations to produce documents to the athletic organization. The NCAA asked the court to force plaintiffs Jay Paterno and William Kenney to turn over a large number of documents, but the two former Penn State assistant football coaches aren’t happy with that request.

“The NCAA is apparently less interested in actually obtaining the documents and information that are the subject of its motion than continuing its bulling tactics, including by propounding unduly burdensome discovery requests and engaging in unnecessary disputes in hopes of avoiding trial,” attorneys for the two men write in new court documents filed Wednesday.

Paterno and Kenney say the NCAA filed its discovery request only two hours after attorneys for both sides met for a lengthy conference on July 10, giving the two men no time to turn over the documents they had agreed upon. By choosing to file a new motion instead of waiting a reasonable amount of time, the two plaintiffs claim the NCAA has put an unnecessary burden on the court.

Attorneys for Paterno and Kenney also say the NCAA’s July 10 filing doesn’t account for the fact that many of the requested documents — including detailed financial records — were provided within two weeks of the discovery conference that same day. They go on to argue that many of the records that haven’t been turned over, such as drafts and notes for Jay Paterno’s book about his father, are completely irrelevant to the case.

Attorneys for the Paterno, Kenney and the Paterno estate conclude their filing by asking the court to deny the NCAA’s motion.

Paterno, Kenney and the Paterno estate have been suing the NCAA since 2013. The three plaintiffs allege that the NCAA overstepped its authority in the wake of the Jerry Sandusky child sex abuse scandal, ultimately decreasing the value of the estate and making it more difficult for Paterno and Kenney to find work.