Facts, Not Fiction

 
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    #11
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    #12
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    When a body is dysfunctional at the top it is usually only a matter of time before the underlings start to revolt and then the powers that be start to try and devour those below.

    I find it unbelievable that a sports body can turn on its volunteer administrators in this way - but then again the US Justice system is so f'd up I suppose nothing surprises.
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    #13
    What's the latest on this lawsuit? Have the defendants against whom USATF filed suit filed a response? It's in Superior Court in Marion County, Indiana, not federal court, so the PACER system covering federal courts wouldn't have anything (unless, if it qualified to be, the case were removed to federal court).
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    #14
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    Quote Originally Posted by CKuykendall View Post
    What's the latest on this lawsuit? Have the defendants against whom USATF filed suit filed a response? It's in Superior Court in Marion County, Indiana, not federal court, so the PACER system covering federal courts wouldn't have anything (unless, if it qualified to be, the case were removed to federal court).
    Last I heard, it sounded like the case was going to be moved to Federal court.
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    #15
    Quote Originally Posted by polevaultpower View Post
    Last I heard, it sounded like the case was going to be moved to Federal court.
    In that case, I can access it on PACER, and indeed, now that I look for it, there it is. It's the U.S. District Court for the Southern District Of Indiana (Indianapolis), case number 1:16-cv-01828, where the "cv" means a civil case (although I thought the original pleading was also alleging criminality). Also known as USA Track & Field v. Lionel Leach, et al., maybe USATF v. Leach for short.

    It was removed to federal court by the defendants on July 8. (This makes sense, as presumably several of the defendants living in non-Indiana states. Then the main other requisite for removal to federal court is a dollar threshold.)

    Presiding is Judge Tanya Walton Pratt, and then the case has been referred for sub-handling by a magistrate judge, Debra McVicker Lynch. (This is not uncommon, from what I know, even though I'm not a lawyer.) The plaintiffs are represented by Adeyemi Adenrele, Karen M. Kapke, and R. Anthony Prather of the Barnes & Thorburg law firm in Indianapolis. The defendants are represented by Christopher D. Lee, Crystal Spivey Wildeman, John Charles Babione II, and Sandra Davis Jansen of the Wooden & McLaughlin law firm in Indianapolis.

    An answer to the plaintiff's complaint was filed by defendants' counsel on July 15, and included a counterclaim against the plaintiff. Then the defendants the same day filed a motion for preliminary injunction (I haven't yet looked into what this is about), and a brief (I guess meaning a legal brief) memorandum in support of that motion, the same day. A July 13 scheduling order by Judge Lynch set a pre-trial conference for August 29. However, defendants also on July 15 filed a motion for an emergency hearing. Plaintiffs then responded July 18 in opposition to the motion for emergency hearing. Scheduling of how the case will proceed appears unsettled, but a scheduling conference was set for July 21. There are no follow-up docket filings yet on what happened at that July 21 conference.

    Defendants/counterclaimants filed a motion July 22 to allow attorney David R. Greifinger to appear pro hac vice (Latin translated for on or this occasion only) on their behalf. That's the last docket item filed, so far.

    PACER federal court records are public records except where something (for example, a settlement) has been sealed by the judge. PACER documents with a PACER subscription cost something like 10 cents a page to access and view electronically, up to a maximum of something like $2.50 or $3.00 for a document greater than 25 to 30 pages. So I can keep up some with this, via my subscription, at minimal expense, and save viewed document filings, which are always pdf (optically scanned pdf, I think), on my computer hard drive and secondary flash drives.

    Anybody interested in pdf forwardings of case filings, for instance if a Google search doesn't somewhere bring up the cv-01828 case materials, can send me an e-mail at gwatertx@gmail.com. However, I'm about to leave for a while and probably won't return to this subject until tomorrow (July 26). Easiest eventually would be a distribution list of several names, so as to do one forwarding of successive documents to everybody on the list. However, I realize this case is touchy, so let me know if you want individual forwardings so that your name and/or e-mail address doesn't go out to other e-mail parties as part of a distribution-list forwarding. I'm willing to help out to the extent that forwardings don't become a big hassle.
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    #16
    Well, I've now looked at and saved: DOCUMENT 1 by the defendants relating to the removal of the lawsuit USATF filed in Indiana state court to Indiana federal court and their argued legal justification for that removal; associated DOCUMENT 1-1, which is an exhibit containing the original complaint filed by plaintiffs in Indiana state court (as previously linked in this message boards thread); DOCUMENT 9 by the defendants, which is a response to that complaint; DOCUMENT 10 by the defendants, which is a motion for a preliminary injunction undoing their suspensions and for a court order either that USATF indemniify them for their court expenses or a court order that a third party determine the propriety of such indemnification; and document 13 by the plaintiffs, which opposes that motion.
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    #17
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    That David R. Greifinger is appearing as pro hac vice is not a surprise and it might cause USATF some problems because he knows a lot of little details and might nail some of the USATF attorneys that likely do not know as much as he does. Plaintiff's attorneys really do not like to be in that situation. Inconsistencies in how USATF has handled things over the years, and there are likely to be many of these because things are done ad hoc will cause them some problems. I think that you can see this in USATF opposing expedited hearings, and remember that they are the plaintiffs and had a head start on this. Judges do not always look kindly on that.

    I am not an attorney, although in college I worked at the third largest law library in the world for 3 and a half years.
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    #18
    Quote Originally Posted by 26mi235 View Post
    That David R. Greifinger is appearing as pro hac vice is not a surprise and it might cause USATF some problems because he knows a lot of little details and might nail some of the USATF attorneys that likely do not know as much as he does. Plaintiff's attorneys really do not like to be in that situation.
    Judge Debra McVicker Lynch on July 25 granted the motion for Greifinger to appear pro hac vice (DOCUMENT 17). Greifinger was the attorney who signed the Youth Executive Committee (YEC) members' May 26 complaint to the U.S. Olympic Committee (USOC), seeking USOC revocation of the YEC members' USATF suspensions and either USOC revocation of the USOC's recognition of USATF as a national governing body or USOC placement of USATF on probation (DOCUMENT 9-8, which is Exhibit 8 to defendants' DOCUMENT 8 response in the case). I've now added DOCUMENTS 17 and 9-8 to my downloads.
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    #19
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    Quote Originally Posted by CKuykendall View Post
    Judge Debra McVicker Lynch on July 25 granted the motion for Greifinger to appear pro hac vice (DOCUMENT 17). Greifinger was the attorney who signed the Youth Executive Committee (YEC) members' May 26 complaint to the U.S. Olympic Committee (USOC), seeking USOC revocation of the YEC members' USATF suspensions and either USOC revocation of the USOC's recognition of USATF as a national governing body or USOC placement of USATF on probation (DOCUMENT 9-8, which is Exhibit 8 to defendants' DOCUMENT 8 response in the case). I've now added DOCUMENTS 17 and 9-8 to my downloads.
    You lost me at pro hac vice . . .
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    #20
    Quote Originally Posted by Atticus View Post
    You lost me at pro hac vice . . .
    I didn't lose you. You lost yourself. I already translated in my longest post, four above yours, fifth paragraph.
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