Syracuse University has filed a motion objecting to a federal judge’s order that it turn over documents related to its 2005 investigation of sexual abuse allegations against Bernie Fine, according to a document recently filed in the case.

In a 19-page motion filed Wednesday, the university says the documents should not have to be turned over because of either attorney-client privilege or because they were prepared in anticipation of a lawsuit. In federal civil cases, a magistrate judge rules on pre-trial motions such as turning over documents. SU’s motion is asking the district judge presiding over the case to review decisions made by the magistrate judge.

In particular, SU argues that its 2005 investigation was not just for “business purposes,” as the court found but was also done in anticipation of a lawsuit. The university further argues that documents containing communications from members of the Board of Trustees and a public relations firm hired by SU should be exempt under attorney-client privilege, according to the appeal.

U.S. Magistrate Judge David Peebles has twice ordered SU to turn over documents in the case. In October 2014, he rejected the university’s argument that certain documents should be withheld because they were prepared in anticipation of a lawsuit. Last month, he ordered SU to turn over documents it claims are protected under attorney-client privilege.

SU’s motion is part of a lawsuit brought by Bernie Fine’s wife, Laurie Fine, against ESPN Inc. Laurie Fine sued ESPN on May 21, 2012, arguing statements it aired were false and defamatory. These statements include one alleging that she had witnessed sexual abuse. None of the documents the judge ordered to be turned over to her attorney would necessarily become public unless, for example, the lawsuit went to trial.

The university is not named in the lawsuit, but it was subpoenaed for documents on Dec. 4, 2012. SU has turned over more than 500 other documents in the case, according to past filings in the lawsuit, though it’s unclear what they are about.

SU fired Bernie Fine on Nov. 27, 2011. He was not charged after an almost yearlong federal investigation and has denied all wrongdoing.

Lawrence Fisher, Laurie Fine’s attorney, said he has not had a chance to fully review SU’s motion. An email to Kevin Quinn, SU’s senior vice president for public affairs was not immediately returned.

Published on January 8, 2015 at 2:12 pm

Contact Jessica: jliannet@syr.edu | @JessicaIannetta