Monday, November 08, 2010

FINED $8,700 - 'USA Swimming' refuses to turn over evidence in the Jane Doe vs. 'USA Swimming' sex abuse case!


A Santa Clara Superior Court judge in the Jane Doe vs. USA Swimming lawsuit has fined USA Swimming a total of $8,700 for failing to comply with the judge's orders on two separate occasions. There was one fine for about $3,500 in conjunction with USA Swimming failing to produce witnesses for deposition and then recently another for about $5,200 for failing to deliver documents to the plaintiff's lawyer.

The documents in question contain nearly 2,000 pages of sex abuse complaints filed against coaches USA Swimming has sanctioned. The plaintiff's attorney, Robert Allard, has complained twice to the Santa Clara Superior Court judge handling the case stating that USA Swimming is not cooperating and they have been sending nothing but gibberish, indecipherable newspaper clippings and redacted documents. The judge agreed and has now fined USA Swimming twice so far. USA Swimming is appealing.

Do you realize that this organization has been in a constant sate of litigation for the past 2-years or so? What National Governing body has ever been sued this much?

Not only is the swimming community getting fed up with these people but the Colorado Springs community is too. See this editorial in the Colorado Springs Gazette:

USA Swimming gave the files to Allard in August, however, they were “indecipherable,” he wrote in a Sept. 13 motion, noting they “were not provided in any logical order” and alleging the NGB assumed “a most liberal interpretation (of the court order) by redacting anything that provided any specifics whatsoever.”

Essentially, Allard got a lot of garbage. Names of witnesses, cities, schools, swim clubs and police departments were struck from the documents, termed by Allard as “entirely nonsensical” and “virtually unreadable.” In six cases, USA Swimming redacted bits of newspaper articles, and in two cases, the NGB submitted identical documents with different redactions within each document.



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