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Post by rgs318 on Mar 17, 2023 7:34:48 GMT -5
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Post by alum on Mar 17, 2023 7:41:19 GMT -5
I looked through the pleadings. I could not find the proposed amended complaint or its exhibits which apparently include posts from this site, but plaintiff's memorandum in support of the request to amend the complaint and defense counsel's objection tell us that BG is alleging that Crossports comments in February 2019 somehow are relevant to his claim that the College failed to make it clear he was not fired for sexual misconduct and thta this somehow supports a breach of privacy claim (which I assume is a common law cause of action under Massachusetts law?) This is the original Crossports thread. I don't know what specific posts he was concerned about. I also don't know if they were before or after the College's clarifying press release that he was not fired for sexual misconduct. crossports.freeforums.net/thread/3599/gibbons-suspended-rest-2018-season
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Post by Pakachoag Phreek on Mar 17, 2023 7:50:54 GMT -5
Extracted from an old thread on Crossports. ^^^ This ruling was a year to the day of BG's suspension. ---------------------------- The link to the HC press release. goholycross.com/news/2019/1/31/211788635.aspxSource crossports.freeforums.net/post/144555/threadHere is a link to JT's article in the T&G, published the afternoon of the suspension announcement.. www.telegram.com/story/sports/college/2019/01/31/holy-cross-suspends-womens-basketball-coach-bill-gibbons/6134925007/The HC announcement cited above was issued late at night and was modified from the original released in the afternoon. This one sentence paragraph was added. "The personnel action does not involve a claim of sexual harassment, nor does it involve a student." The T&G article references Cooper's lawsuit, noting that it was settled. The article, written in Jan 2019, notes that BG's contract would be expiring in June 2019. Dick Regan was the AD at the time of BG's voluntary suspension in the Cooper matter, and Sullivan was the interim AD at the time of the college-imposed suspension. --------------------------- IIRC, BG was a named defendant in Cooper, so he agreed to the terms and conditions of the settlement. The College had quickly settled, following Cooper's lawyers success in adding the Board of Trustees as parties, some of whom were residents of NY, including, IIRC, Bill Doran, who may have been chair of the Athletics Committee of the BoT. The College had sought a change of venue from New York to Massachusetts. The terms of the settlement are under seal, but the College apparently was disposed to settle after the BoT were made parties. I assume insurance covered most, if not all, of the costs..
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Post by newfieguy74 on Mar 17, 2023 8:25:31 GMT -5
"Are you applying to be Crossports’ counsel in this case ? What are your rates ? How about pro bono ? ( for St. Patrick’s Day, and Bono)"
This makes me think of a statement attributed to Charles DeGaulle: "How can anyone expect me to govern a country that has 400 kinds of cheese?"
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Post by chicago77 on Mar 17, 2023 8:41:08 GMT -5
Question for the lawyers. I'm assuming the lawyer took this on as contingency lawsuit and has spent a lot of time and resources on the case. If the lawyer thought the case had merit based on documents forged by BG, is he at risk for being sued by his lawyer to recoup the losses related to the trial?
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Post by alum on Mar 17, 2023 8:42:38 GMT -5
You know what is too bad? BG ought to be in Maryland today, sitting in the stands, accepting greetings from his former players and friends and alumni of the College. I assume that there is an alumni event where he should have made a few remarks about the history of the program. Instead, his name is in the paper every day in embarassing fashion.
I would like this to go away. How about he withdraws the lawsuit and the College issues a statement saying that it regrets the way the relationship with BG ended when his contract came to a close in 2019, that it knows that he had many players who admired him and who have gone on to lead successful lives as measured by the Jesuit ideal of becoming people for others? BG issues a statement saying that he appreciates KH's kind words and that he is prepared to put this chapter of his life behind him, that he remains a fan of Holy Cross and and admirer of the new administration.
Jen Toland writes an article highlighting the fact that there was never any allegation of sexual misconduct citing an unnamed HC source who confirms it and reminds everyone that the College issued a statement at the time confirming that.
Everyone gets a little bit and this thing is over. I am sure that there are few people who were associated with the program at the end who will be unhappy with anything but seeing him crushed, but they don't run the show--VR does and he can fix this.
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Post by alum on Mar 17, 2023 8:44:42 GMT -5
Question for the lawyers. I'm assuming the lawyer took this on as contingency lawsuit and has spent a lot of time and resources on the case. If the lawyer thought the case had merit based on documents forged by BG, is he at risk for being sued by his lawyer to recoup the losses related to the trial? I suppose that is possible, but it seems quite unlikely. I would think that they could cut their losses and move to withdraw so their failure to do so would seem to make it hard to do that. FWIW, this is also his second legal team so I wonder if his first lawyer told him that the case ought not be pursued.
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Post by spenser on Mar 17, 2023 9:31:40 GMT -5
Question for the lawyers. I'm assuming the lawyer took this on as contingency lawsuit and has spent a lot of time and resources on the case. If the lawyer thought the case had merit based on documents forged by BG, is he at risk for being sued by his lawyer to recoup the losses related to the trial? I suppose that is possible, but it seems quite unlikely. I would think that they could cut their losses and move to withdraw so their failure to do so would seem to make it hard to do that. FWIW, this is also his second legal team so I wonder if his first lawyer told him that the case ought not be pursued. His prior lawyer, who is a good one doesn’t really do employment litigation. Two of the members of his current firm have that as one of their specialties.
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Post by timholycross on Mar 17, 2023 9:33:51 GMT -5
I might read all 19 pages and find something to the contrary; but if you had to put me, a 20+ year member of the board on a witness stand and say "Mr. Timholycross, did you or anyone else post anything on Crossports that referenced the plaintiff's personal life?", my answer would be "to the best of my recollection, absolutely not.".
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Post by hchoops on Mar 17, 2023 9:36:49 GMT -5
I might read all 19 pages and find something to the contrary; but if you had to put me, a 20+ year member of the board on a witness stand and say "Mr. Timholycross, did you or anyone else post anything on Crossports that referenced the plaintiff's personal life?", my answer would be "to the best of my recollection, absolutely not.". And all in the courtroom will wonder, why is this old guy using an alias ?
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Post by longsuffering on Mar 17, 2023 9:40:54 GMT -5
I might read all 19 pages and find something to the contrary; but if you had to put me, a 20+ year member of the board on a witness stand and say "Mr. Timholycross, did you or anyone else post anything on Crossports that referenced the plaintiff's personal life?", my answer would be "to the best of my recollection, absolutely not.". And all in the courtroom will wonder, why is this old guy using an alias ? And wearing three masks.
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Post by rgs318 on Mar 17, 2023 10:03:37 GMT -5
I have to remember this wording..."to the best of my recollection, absolutely not" I'll put it up there with..."I decline to answer on the grounds that it might incriminate or degrade me."
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Post by Pakachoag Phreek on Mar 17, 2023 10:05:36 GMT -5
You know what is too bad? BG ought to be in Maryland today, sitting in the stands, accepting greetings from his former players and friends and alumni of the College. I assume that there is an alumni event where he should have made a few remarks about the history of the program. Instead, his name is in the paper every day in embarassing fashion. I would like this to go away. How about he withdraws the lawsuit and the College issues a statement saying that it regrets the way the relationship with BG ended when his contract came to a close in 2019, that it knows that he had many players who admired him and who have gone on to lead successful lives as measured by the Jesuit ideal of becoming people for others? BG issues a statement saying that he appreciates KH's kind words and that he is prepared to put this chapter of his life behind him, that he remains a fan of Holy Cross and and admirer of the new administration. Jen Toland writes an article highlighting the fact that there was never any allegation of sexual misconduct citing an unnamed HC source who confirms it and reminds everyone that the College issued a statement at the time confirming that. Everyone gets a little bit and this thing is over. I am sure that there are few people who were associated with the program at the end who will be unhappy with anything but seeing him crushed, but they don't run the show--VR does and he can fix this. Alum, Fine sentiments, but I doubt BG is interested. Through his actions, he has damaged his reputation and future employability far, far more than anything HC did, or failed to do with respect to him. He made no apology to the court that I can tell from reading the accounts. Instead, he is insisting that his attorney press on. And now, new grievances are added to his complaint, including that Crossports posters violated his privacy right.. His attorney acknowledged his actions were misconduct, and explained these were the result of his being 'emotionally distressed'. Her explanation, would seem, IMO, to make her vulnerable to being called as a witness by HC. www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_7_lawyer_as_witness/comment_on_rule_3_7/. .
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Post by alum on Mar 17, 2023 10:29:21 GMT -5
PP
Maybe he won't agree, but sometimes you have to give somebody a somewhat face saving way out. He may not be willing to ask his attorneys to try to resolve it without payment, but if HC approaches them, he might be willing to listen. In talking to his friends he can blame his original lawyers, say that all he ever wanted was an apology (and claim he got it) say his wife didn't want to go through the trial--whatever works for him.
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Post by hcmawfawo on Mar 17, 2023 11:28:56 GMT -5
Can I get a second on a motion for a moratorium on this thread until sometime after our WBB PL champions finish their March Madness dance? Lots of great points and clearly agree the parties here should find a way to resolve — but seems to me the focus should be front and center on the here and now of today’s team, coaches and game. GoCrossGo
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Post by Pakachoag Phreek on Mar 17, 2023 11:35:35 GMT -5
PP Maybe he won't agree, but sometimes you have to give somebody a somewhat face saving way out. He may not be willing to ask his attorneys to try to resolve it without payment, but if HC approaches them, he might be willing to listen. In talking to his friends he can blame his original lawyers, say that all he ever wanted was an apology (and claim he got it) say his wife didn't want to go through the trial--whatever works for him. Alum, Well, there are three lawyers at the top of HC TPTB: VR; Heather Hayes, VP and Chief of Staff, who spent eight years at BC Law as an associate dean, and eight years at Wilmer Hale; and, VP and General Counsel Elizabeth Small. Small was previously a partner at Edwards Wildman Palmer. Her husband is VP for Public Affairs & Communications at a well-known and highly regarded university. I would think collectively, there would be interest in getting this case off the front pages. But, it takes two to tango.
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Post by HC13 on Mar 17, 2023 11:36:19 GMT -5
Can I get a second on a motion for a moratorium on this thread until sometime after our WBB PL champions finish their March Madness dance? Lots of great points and clearly agree the parties here should find a way to resolve — but seems to me the focus should be front and center on the here and now of today’s team, coaches and game. GoCrossGo Amen Brother!!!!
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Post by alumni111 on Mar 17, 2023 19:28:14 GMT -5
Can I get a second on a motion for a moratorium on this thread until sometime after our WBB PL champions finish their March Madness dance? Lots of great points and clearly agree the parties here should find a way to resolve — but seems to me the focus should be front and center on the here and now of today’s team, coaches and game. GoCrossGo Amen Brother!!!!We're Crusaders. We CAN walk and chew gum. And there ARE different topics within WBB, right? And were there not simultaneous topics regarding FHCBN's fate and the game at hand, right?
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Post by hcmawfawo on Mar 18, 2023 5:18:32 GMT -5
HC’s hardwood dancing is done for 2023. The moratorium proposal, while earning some praise and a few likes, did not draw a formal second and thus was never officially voted upon nor implemented. Ignore is always an option for any thread — so no intent to silence voices or prevent multitasking.
Just seemed that focus deserved to be on the 2023 WBB PL Champion Crusaders as they took the court for March Madness. Look forward to watching this team and program grow in the future. And hope HC and BG can find themselves to a mediator who can help them reach a resolution better for each and the larger HC community than any result a judge might or could impose.
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Post by timholycross on Mar 18, 2023 7:49:34 GMT -5
Actually, if you look back, there was a post simultaneous to the moratorium request; the next post was made several hours after the game.
I'm pretty sure that was the intent of hcmawfawo.
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Post by sader1970 on Apr 15, 2023 6:48:30 GMT -5
Wow! Just catching up.
I liked Bill Gibbons and thought he used to be an excellent coach but lost his focus or whatever happens when you go on cruise control.
I NEVER thought this had anything to do with sexual misconduct. As I said literally years ago, he was NOT fired. His contract was non-renewed. Thank you Phreek for reiterating that.
Sorry BG fans. This is on him, not HC. Hope the suit gets tossed.
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Post by timholycross on Apr 15, 2023 8:02:10 GMT -5
As I said before but feel I have to keep saying it in different ways: Ms. Parks' accusation threw a big monkey wrench into what should have been a rather sad but simple ending to his coaching tenure at Holy Cross.
Basically, HC was better off doing nothing under the guise of continuing to investigate, especially given that Parks' charges were bs, from the outset had nothing to do with inappropriate sexual conduct; and no one was in any danger if he continued to coach. Another month and he was essentially GONE anyway.
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Post by sader1970 on Apr 15, 2023 8:37:10 GMT -5
Wow! Just catching up.
I liked Bill Gibbons and thought he used to be an excellent coach but lost his focus or whatever happens when you go on cruise control.
I NEVER thought this had anything to do with sexual misconduct. As I said literally years ago, he was NOT fired. His contract was non-renewed. Thank you Phreek for reiterating that.
Sorry BG fans. This is on him, not HC. Hope the suit gets tossed.
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Post by hcnj on Apr 15, 2023 16:16:48 GMT -5
Wow! Just catching up. I liked Bill Gibbons and thought he used to be an excellent coach but lost his focus or whatever happens when you go on cruise control. . As a coach that's exactly what happened. I'll be more blunt, he got lazy and too self-assured. He got by those last few years because no one who ran HC really cared about wbb and it was easier to renew him than fight him. If the other stuff hadn't happened I think he'd have brought some kind of charge anyway when he wasn't renewed.
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Post by oldschoolhoops on Apr 15, 2023 18:22:48 GMT -5
As I said before but feel I have to keep saying it in different ways: Ms. Parks' accusation threw a big monkey wrench into what should have been a rather sad but simple ending to his coaching tenure at Holy Cross. Basically, HC was better off doing nothing under the guise of continuing to investigate, especially given that Parks' charges were bs, from the outset had nothing to do with inappropriate sexual conduct; and no one was in any danger if he continued to coach. Another month and he was essentially GONE anyway. Why didn't BG sue Parks? I realize she probably doesn't have any $, but if it forced a public admission of some sort that exonerated him of charges of mistreatment of staff, etc he may have been better off in trying to land somewhere else after HC, no?
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