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USA Today Sports Media Group
USA Today Sports Media Group
Sport
Phil Harrison

Big Ten ordered to provide discovery on vote to postpone season in expedited manner

And the drama surrounding the Big Ten’s decision to postpone the fall football season marches on.

On Wednesday, Mike Flood, the lead attorney for the eight Nebraska players that filed a lawsuit against the Big Ten’s decision-making process to suspend the season, announced a win for his clients. Included in the statement is the revelation that Lancaster County District Court judge Susan Strong has “ordered the Big Ten conference to produce more information and documents regarding the ‘vote,’ as well as the governing documents related to the decision-making process.”

This appears to be a big setback for the Big Ten. It filed its own brief late last week asking that the lawsuit be dismissed, but at the least, it looks like the conference will have to produce proof of its assertions made in the brief — notably the 11-3 vote and details surrounding medical advice it used to come to a determination to shelve the season.

Many thought that the creative nature of the lawsuit against the Big Ten would run up against an issue because it is unprecedented in its scope and use of some of the legal avenues that can be taken, but that does not appear to be the case.

And that’s not all. Because of the sensitive and time-driven nature of the request, the Big Ten has been given until September 12 to produce all documents surrounding whether an official vote was taken on the decision, as well as the final tally. It does not have to provide specifics on what schools voted which way.

The Big Ten also has to submit its entire bylaws. What was originally provided had the majority of the 13 pages redacted.

So start the clock. It’s just ten days and counting before we get an answer one way or another on what vote — if any — were taken, and what type of medical advice and studies were used to make such an earth-shattering decision.

Basically, folks are finally going to see what should have likely been provided all along.

 

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