Geno moves to dismiss Hardwick lawsuit

[rbny1]

Geno and USA Basketball both filed motions today to dismiss the case. I guess the action now gets hot and heavy.

For those who want to see the filings (they aren't very interesting, mostly pro forma), click the link below; enter the code provided on the site and click "search"; enter Auriemma in "defendant search" and click "search"; and finally click on the index number for the Hardwick case:

ALL YE WHO WILL ENTER!

 

[UConnCat]

The site for online filings in the case shows only a motion to dismiss by USA Basketball, though a similar motion will surely be filed today by Geno's lawyers as well. As was discussed in a thread soon after the lawsuit was filed, it was anticipated that both Geno and USAB would move to dismiss based on a lack of subject matter jurisdiction. That's precisely what USAB has done in its motion and we can expect a similar motion on behalf of Geno. The plaintiff's lawyer was surely aware of these flaws in the complaint and chose to file under NY and NYC law anyway. The NBA will also likely seek dismissal of parts of the complaint (removal from the WNT Olympic assignment), but will probably need to file an answer wrt other allegations of employment discrimination in the complaint.

 

[EricLA]

It doesn't seem like it's really impacted anything at this point. as a side note, anyone know what she did during the Olympics? IIRC she was supposed to be on Stearn's detail, which apparently was a step up from covering the USA W National team...

 

[UConnCat]

It doesn't seem like it's really impacted anything at this point. as a side note, anyone know what she did during the Olympics? IIRC she was supposed to be on Stearn's detail, which apparently was a step up from covering the USA W National team...

I believe she worked security for the Men's National Team in London.

 

[MilfordHusky]

I believe she worked security for the Men's National Team in London.

Clearly, guarding Coach K and LeBron is a step down from guarding Geno and Diana.

 

[UConnCat]

Clearly, guarding Coach K and LeBron is a step down from guarding Geno and Diana.

Indeed and undoubtedly resulted in mental anguish for which the plaintiff is owed compensatory damages. How much? Hmmmm

 

[UConnCat]

The NBA's Answer has been filed (posted to the site) and in it the NBA denies the plaintiff's allegations and requests for relief.

 

[easttexastrash]

Clearly, guarding Coach K and LeBron is a step down from guarding Geno and Diana.

I would much rather guard Geno and DT.

Wait, are we talking about on the basketball court? Who am I kidding? I can't guard my grandma.

 

[Ozzie Nelson]

Indeed and undoubtedly resulted in mental anguish for which the plaintiff is owed compensatory damages. How much? Hmmmm

Why post the pic of HuskyBill?

 

[Biff]

Ah. I wondered what Bill looked like under all that hair.....

 

[Ozzie Nelson]

Ah. I wondered what Bill looked like under all that hair.....

View attachment 1367

hahaha...excellent

 

[UConnCat]

As expected, Geno's lawyers filed a motion to dismiss the complaint arguing:

• Court has no personal jurisdiction over Geno (Geno is CT resident);
• Alleged conduct occurred outside NY and no employment consequences in NY thus not governed by NY and NYC laws;
• Plaintiff provided Olympic security for both NBA and WNBA players in London and hence suffered no adverse employment consequences by alleged conduct;
• No causal connection between her alleged protected activity and alleged adverse employment action;

 

[alexrgct]

As expected, Geno's lawyers filed a motion to dismiss the complaint arguing:

• Court has no personal jurisdiction over Geno (Geno is CT resident);
• Alleged conduct occurred outside NY and no employment consequences in NY thus not governed by NY and NYC laws;
• Plaintiff provided Olympic security for both NBA and WNBA players in London and hence suffered no adverse employment consequences by alleged conduct;
• No causal connection between her alleged protected activity and alleged adverse employment action;

Isn't that kind of a disappointing motion? Basically, you're saying the court has no jurisdiction over you or the incident, and the damages claimed are specious. While both of those points may be valid, and although "I didn't freaking do anything" may not be an admissible point at this stage, I just worry that some will interpret this as trying to make the suit go away on a technicality rather than because nothing happened.

 

[UConnCat]

Isn't that kind of a disappointing motion? Basically, you're saying the court has no jurisdiction over you or the incident, and the damages claimed are specious. While both of those points may be valid, and although "I didn't freaking do anything" may not be an admissible point at this stage, I just worry that some will interpret this as trying to make the suit go away on a technicality rather than because nothing happened.

Disappointing? "May be valid points"? It would be legal malpractice not to file this motion. Personal and subject matter jurisdiction and failure to allege adverse employment action (damages) are more than "valid points" and more than mere "technicalit[ies];" they're essential tenets of any legal action. If you're a defendant in a legal action you'll gladly sacrifice your day in court in exchange for getting a flawed complaint thrown out of court, which is exactly what should happen here. Geno has responded with a denial and that may have to be enough. Then again, the NBA did not file a move to dismiss so there's still a chance that Geno could end up being deposed in the discovery process in that part of the complaint.

 

[alexrgct]

Thanks for the clarification. I understand the rationale- really more of not wanting there to be a perception issue. Then again, I suppose people will believe what they want regardless of how exonerated the judicial process does or does not leave one.

 

[UCONNfan1]

Thanks for the clarification. I understand the rationale- really more of not wanting there to be a perception issue. Then again, I suppose people will believe what they want regardless of how exonerated the judicial process does or does not leave one.

I totally hear you. The casual fan would probably prefer "please dismiss because she was simply wrong, and the lawsuit smacks of ridiculousness on the part of the paintiff", or something like that.

Unfortunately, as Cat pointed out, that is not a valid motion for the defense to file...

 

[OneTrickPony]

Isn't that kind of a disappointing motion? Basically, you're saying the court has no jurisdiction over you or the incident, and the damages claimed are specious. While both of those points may be valid, and although "I didn't freaking do anything" may not be an admissible point at this stage, I just worry that some will interpret this as trying to make the suit go away on a technicality rather than because nothing happened.

Getting to a fact-based judgement in a civil suit...specious or not...consumes a lot of time and a lot of money. If Geno can squash this, he should.

 

[CL82]

Thanks for the clarification. I understand the rationale- really more of not wanting there to be a perception issue. Then again, I suppose people will believe what they want regardless of how exonerated the judicial process does or does not leave one.

Your reaction was pretty normal. Everyone wants their "day in court" but it is far better to prevail without the cost and delay of trial. Most people come to that conclusion eventually.