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Penn State scandal: Judge denies PSU delay in Mike McQueary lawsuit

Penn State University was denied a requested stay in the wrongful termination suit brought by former assitant football coach Mike McQueary.

Patrick Smith

Judge Thomas Gavin denied Penn State University's request for a stay in the wrongful termination suit brought by former assistant football coach Mike McQueary.

Penn State had requested a stay until the deposition of criminal charges pending against former president Graham Spanier, Athletic Director Tim Curley and former senior vice president Gary Schultz. The university stated that it would be heavily involved in providing information and dealing with other issues surrounding those cases, with one beginning next month.

In a 14-page assessment released on Thursday, Gavin stated that McQueary's suit is factually and legally distinct from the other cases and that due to the fact that this case solely deals with his termination, the university should have no burden other than providing the requested information.

In addition, with McQueary receiving severance pay for a specific period of time, Gavin believed it would be unfair to stay the case. The judge will allow pre-trial work to continue, which is estimated to take nearly a year.

Photographs by dizfunk used in background montage under Creative Commons. Thank you.