Leach files motions to speed up trial - KCBD NewsChannel 11 Lubbock

1/7/10

Leach files motions to speed up trial

By Ann Wyatt Little - bio | email

LUBBOCK, TX (KCBD) – Fired Texas Tech football coach Mike Leach wants his case in front of a jury in less than two months. Two motions filed at 4 p.m. Thursday are related to the lawsuit filed right after Mike Leach was suspended. The 105 page document asked the court to speed up the legal process.

"A strong aggressive motion much like his offense seeks to score on every play these motions say let's get this case going right now," says Lubbock attorney David Guinn. He says each case filed in civil court has a schedule of how the facts are going to be exchanged between each side.

Sometime in the next ten days Ted Liggett, Leach's attorney, wants to interview for the court record TTU President Guy Bailey, Chancellor Kent Hance, Athletic Director Gerald Myers, and the player who accused Leach of mistreating him Adam James. 

While sworn testimony is important Guinn says that isn't all Liggett will ask for.

"The preservation of computer records, emails, notes, hand written notes, and inner office communication to be produced and handed over and Texas Tech has those rights as well," adds Guinn about the discovery process.  

"This case is uniquely important because of the type of case and the situation of Coach Leach as a Division 1 Coach and because TTU claims sovereign immunity," says Guinn who adds that treacherous legal mine fields lie behind the theory sovereign immunity.

It basically means that a person cannot sue the state and because TTU is a branch of the state a person cannot sue the university. Guinn says perhaps under some circumstances where an individual is granted a waiver.

Liggett had this to say after filing the motions, "We are not going to have a comment to make today regarding these filings. We talked the other day when Mike was dismissed and said that there would be further action taken and the pleadings that have been filed speak for themselves," says Liggett.  

The original lawsuit was filed in Judge Bill Sowder's court after Leach was suspended and Guinn says the 99th district judge has several options.

"He could disregard the motion more than likely he bring the parties together and schedule a hearing," adds Guinn who says a settlement is always a possibility.

Liggett asked counsel for the university to respond to the motions sometime within the next ten days. Many people are probably wondering about the money and what dollar figure may be associated with this lawsuit and Thursday's documents do not address that.

(Click here) to read the documents filed in court Thursday.

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