A year after a judge let Hawkeye head football coach Kirk Ferentz and offensive coordinator Brian Ferentz postpone until after the season their sworn depositions in a discrimination lawsuit from former players, the coaches still haven’t sat for them and are still seeking to delay them.
“Kirk Ferentz is desperately trying to avoid being questioned under oath,” attorneys for seven former players argued last week in a motion fighting Ferentz’s request on Sept. 30 that the court halt his obligation to produce any more records or be deposed until a judge first rules on his motion to dismiss the case altogether.
“He again argues that he should not have to answer questions under oath about his conduct that is at the heart of this case until his qualified immunity argument is decided,” the player attorneys said in their response to Ferentz’s request, citing his argument that he’s immune from liability. “This is a tired act.”
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Attorneys for the players told The Gazette they did depose former Hawkeye strength coach Chris Doyle on Tuesday and plan to depose University of Iowa Athletic Director Gary Barta on Wednesday.
“After more than a year of discovery delays caused by defendants, the depositions will take place on the University of Iowa’s campus, where scores of Black football players were subjected to anti-Black racism, discrimination, bullying, and abuse,” according to a statement from Attorney Damario Solomon-Simmons.
The players — suing the UI, state Board of Regents, Kirk and Brian Ferentz, Barta, Doyle and linebackers coach Seth Wallace for discrimination, retaliation and systemic racism — had hoped to conduct more than the two depositions this week.
Doyle was to be deposed Monday, Kirk Ferentz on Tuesday, Barta on Wednesday and Brian Ferentz on Thursday, according to court documents filed Sept. 30 in U.S. District Court. The players notified the coaches of that timeline — despite their pushback — after a judge on Sept. 22 heard everyone’s argument and “nevertheless directed the parties to proceed with scheduling his deposition.”
“That deposition is now set to proceed on October 11, 2022, and proceed it should,” according to the players. “Enough is enough.”
But last week, according to player attorneys, both Kirk and Brian Ferentz “announced that those defendants would refuse to appear for their noticed depositions absent a ruling from the court on their qualified immunity arguments.”
“Rather than further delay discovery (which is the precise goal of the defendants Ferentz) and further burden the court with additional emergency motion practice, which the court would not have been able to resolve before the scheduled deposition,” the players opted to depose just Doyle and Barta this week, according to court filings.
In addition to the coaches and Barta, the players' list of people they want to question for sworn depositions include former UI President Bruce Harreld; Kirk Ferentz’s wife, Mary Ferentz; and Eileen Wixted, president of the public relations firm Wixted Inc., which helped the UI Athletics and Ferentz navigate accusations of systemic racism.
In trying to arrange deposition dates, according to court records, Ferentz’s personal attorney suggested the state could offer Barta and Doyle this week, along with Wixted, among other options “instead of K. Ferentz and B. Ferentz.”
“I suggest that those witnesses could be deposed the week of October 10, in addition to Mr. Barta, and Mr. Doyle, and allow the court an opportunity to consider the motions before it,” the attorney wrote in an email.
The coaches, he said, are available for depositions the weeks of December 5 and 12 — more than a year after a judge agreed to let them postpone depositions because providing sworn testimony during the 2021 football season “would be too inconvenient.”
“Now, more than a year later, Kirk Ferentz yet again seeks to avoid going under oath,” according to the player attorneys, who said the coach’s willingness to have others deposed in his place is revealing.
“K. Ferentz all but admits that his motion is about delay more than it is about any purported immunity from the alleged ‘burdens of discovery,’” the player attorneys argued last week in asking a court to reject Ferentz’s request to halt the deposition. “While he decries discovery as unbearable, he has, for the past few months, already been willingly (although begrudgingly and almost always delinquently) participating in the discovery process.
“Now, while he argues that his deposition cannot proceed because his qualified immunity motion is pending, he nevertheless offers and invites plaintiffs’ counsel to depose other employees and agents of the Iowa football program,” according to the players. “Thus, he appears actually to have no problem undertaking the burdens related to discovery, and he has no problem with depositions proceeding in the case. He just wants to avoid going under oath himself.”
The players filed their original complaint in November 2020 and followed that up with an amended complaint in January 2021. Kirk Ferentz asked the court to dismiss all claims against him, and a judge granted that motion — removing other counts and defendants as well.
The players filed a second amended complaint on Aug. 19, 2022, which again included Ferentz as a defendant.
All the defendants in that complaint have asked the court to dismiss the suit or grant them immunity, arguing the player claims are too vague, too broad and too late. A judge has not yet ruled on those motions.
www.thegazette.com
“Kirk Ferentz is desperately trying to avoid being questioned under oath,” attorneys for seven former players argued last week in a motion fighting Ferentz’s request on Sept. 30 that the court halt his obligation to produce any more records or be deposed until a judge first rules on his motion to dismiss the case altogether.
“He again argues that he should not have to answer questions under oath about his conduct that is at the heart of this case until his qualified immunity argument is decided,” the player attorneys said in their response to Ferentz’s request, citing his argument that he’s immune from liability. “This is a tired act.”
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Attorneys for the players told The Gazette they did depose former Hawkeye strength coach Chris Doyle on Tuesday and plan to depose University of Iowa Athletic Director Gary Barta on Wednesday.
“After more than a year of discovery delays caused by defendants, the depositions will take place on the University of Iowa’s campus, where scores of Black football players were subjected to anti-Black racism, discrimination, bullying, and abuse,” according to a statement from Attorney Damario Solomon-Simmons.
The players — suing the UI, state Board of Regents, Kirk and Brian Ferentz, Barta, Doyle and linebackers coach Seth Wallace for discrimination, retaliation and systemic racism — had hoped to conduct more than the two depositions this week.
Doyle was to be deposed Monday, Kirk Ferentz on Tuesday, Barta on Wednesday and Brian Ferentz on Thursday, according to court documents filed Sept. 30 in U.S. District Court. The players notified the coaches of that timeline — despite their pushback — after a judge on Sept. 22 heard everyone’s argument and “nevertheless directed the parties to proceed with scheduling his deposition.”
“That deposition is now set to proceed on October 11, 2022, and proceed it should,” according to the players. “Enough is enough.”
But last week, according to player attorneys, both Kirk and Brian Ferentz “announced that those defendants would refuse to appear for their noticed depositions absent a ruling from the court on their qualified immunity arguments.”
“Rather than further delay discovery (which is the precise goal of the defendants Ferentz) and further burden the court with additional emergency motion practice, which the court would not have been able to resolve before the scheduled deposition,” the players opted to depose just Doyle and Barta this week, according to court filings.
In addition to the coaches and Barta, the players' list of people they want to question for sworn depositions include former UI President Bruce Harreld; Kirk Ferentz’s wife, Mary Ferentz; and Eileen Wixted, president of the public relations firm Wixted Inc., which helped the UI Athletics and Ferentz navigate accusations of systemic racism.
In trying to arrange deposition dates, according to court records, Ferentz’s personal attorney suggested the state could offer Barta and Doyle this week, along with Wixted, among other options “instead of K. Ferentz and B. Ferentz.”
“I suggest that those witnesses could be deposed the week of October 10, in addition to Mr. Barta, and Mr. Doyle, and allow the court an opportunity to consider the motions before it,” the attorney wrote in an email.
The coaches, he said, are available for depositions the weeks of December 5 and 12 — more than a year after a judge agreed to let them postpone depositions because providing sworn testimony during the 2021 football season “would be too inconvenient.”
“Now, more than a year later, Kirk Ferentz yet again seeks to avoid going under oath,” according to the player attorneys, who said the coach’s willingness to have others deposed in his place is revealing.
“K. Ferentz all but admits that his motion is about delay more than it is about any purported immunity from the alleged ‘burdens of discovery,’” the player attorneys argued last week in asking a court to reject Ferentz’s request to halt the deposition. “While he decries discovery as unbearable, he has, for the past few months, already been willingly (although begrudgingly and almost always delinquently) participating in the discovery process.
“Now, while he argues that his deposition cannot proceed because his qualified immunity motion is pending, he nevertheless offers and invites plaintiffs’ counsel to depose other employees and agents of the Iowa football program,” according to the players. “Thus, he appears actually to have no problem undertaking the burdens related to discovery, and he has no problem with depositions proceeding in the case. He just wants to avoid going under oath himself.”
The players filed their original complaint in November 2020 and followed that up with an amended complaint in January 2021. Kirk Ferentz asked the court to dismiss all claims against him, and a judge granted that motion — removing other counts and defendants as well.
The players filed a second amended complaint on Aug. 19, 2022, which again included Ferentz as a defendant.
All the defendants in that complaint have asked the court to dismiss the suit or grant them immunity, arguing the player claims are too vague, too broad and too late. A judge has not yet ruled on those motions.
Hawkeye AD Barta, Doyle deposed in racism lawsuit
A year after a judge let Hawkeye head football coach Kirk Ferentz and offensive coordinator Brian Ferentz postpone until after the season their sworn depositions in a discrimination lawsuit from former players, the coaches still haven’t sat for them and are still seeking to delay them.
www.thegazette.com
