Former MSU soccer coach Mel Tucker strikes to dismiss courtroom struggle over textual content messages
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MASON — Attorneys for former Michigan State University football coach Mel Tucker have requested a decide to dismiss Brenda Tracy’s lawsuit over the discharge of non-public textual content messages.
The transfer, within the type of a movement for abstract judgement filed on Nov. 9, comes lower than a month after the 2 sides agreed to a protecting order limiting what data from a cellphone owned by a buddy and former worker of Tracy’s, who has since died, might be launched.
Of their submitting, Tucker’s attorneys wrote that for the reason that protecting order “resolves the considerations alleged” by Tracy, and her authorized claims within the lawsuit fail as a matter of regulation, the grievance ought to be dismissed.
Andrew Abood, an legal professional for Tucker, declined to remark.
When responding to an e mail searching for remark, Eric Delaporte, one in all Tracy’s attorneys, wrote, “My reply is, ‘Meh.’ It was the logical subsequent transfer for the Defendants. We are going to reply a while in December. I’m not shedding any sleep over it.”
The authorized struggle over textual content messages started a couple of month after USA Today published a story detailing a long-running sexual harassment investigation of Tucker by the college. The college suspended him with out pay the identical day the story was printed and, on Sept. 27, fired him for trigger.
On Oct. 5, the day of a key listening to within the harassment case, Tucker’s authorized workforce launched pages of textual content messages between Tracy and Ahlan Alvarado. Alvarado was not solely Tracy’s buddy of twenty years, however she additionally labored as her reserving assistant for her nonprofit, Set The Expectation.
Tucker’s attorneys have stated the messages present Tracy had a private relationship with Tucker that was consensual.
Tracy sought a courtroom order stopping Tucker’s workforce from releasing further messages, arguing additional releases would come with delicate or confidential issues that would trigger irreparable hurt. Non-public discussions between Tracy and Alvarado “contain extremely delicate data concerning different survivors and their households,” Tracy wrote in an affidavit filed along with her movement for the restraining order.
The stipulated protective order entered on Oct. 26 prevents the discharge of well being details about sexual assault, harassment or gender discrimination victims, to the extent it exists, on the cellphone. Amongst different provisions, it additionally bars the discharge of knowledge that might determine intercourse assault survivors or the identities of people that might have had a romantic or sexual relationship with both Tracy or Tucker.
Tucker — who denies any wrongdoing and said he and Tracy had a consensual, intimate relationship — has taken steps to file a lawsuit over his termination. In line with his contract, signed in 2021, he was owed about $80 million in assured cash when he was fired.
Final month, the MSU listening to officer employed to adjudicate the sexual harassment continuing issued a 73-page report that found Tucker responsible for violating the school’s sexual harassment policy.
A listening to for Tucker’s movement to have the grievance dismissed has been scheduled for early January.
Extra: The post-Mel Tucker era at Michigan State has begun. Experts say ugly, expensive litigation likely
Contact reporter Matt Mencarini at 517-377-1026 or mjmencarini@lsj.com. Comply with him on X, previously generally known as Twitter, @MattMencarini.
This text initially appeared on Lansing State Journal: Ex-MSU coach Mel Tucker moves to dismiss court fight over text messages
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