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Michigan State, Larry Nassar lawsuits heading to mediation

Lansing State Journal

Michigan State University officials are weighing a request from a white nationalist group that wants to hold an event on campus.

GRAND RAPIDS - The federal lawsuits against MSU, USA Gymnastics and others related to Larry Nassar will soon enter a 90-day mediation phase during which a settlement could be reached.

After that mediation phase, which began Wednesday, if the parties have not reached a settlement the matter will proceed to litigation, which could include motions by the defendants -- Michigan State University, USA Gymnastics and others -- to dismiss the case.

The 90 days of mediation can be extended.

Eighteen attorneys attended Wednesday's hearing on entering mediation. Nine represented the more than 115 women and girls who say Nassar sexually assaulted them. Nine represented MSU, USA Gymnastics and the other defendants in the cases.

The mediation phase will coincide with a stay and protective order. The stay prevents any motions from being filed in the case. The protective order allows attorneys on both sides of the case to share confidential information, like the names of the women and girls who have filed under Jane Doe pseudonyms.

USA Gymnastics was the only defendant that opposed the stay, with its attorney Andrew Portinga telling federal District Court Judge Gordon Quist that they had motions to file regarding legal matters in the case.

Afterward, a USA Gymnastics spokeswoman released a statement that said: “USA Gymnastics did not oppose mediation and welcomes the opportunity to attempt to resolve the plaintiffs’ claims through the mediation process.” An earlier version of this story mistakenly said that USA Gymnastics had opposed the mediation.

Patrick Fitzgerald, one of the attorneys representing MSU, said the university agreed to mediation as a means to expedite the case and handle discovery matters. He added that MSU does believe there are legal matters it can challenge, but did not oppose the stay .

Attorneys on both sides of the case said if nothing else, the mediation phase will speed up the discovery phase if the lawsuits proceed to litigation.

MSU spokesman Jason Cody declined to comment because the lawsuits were still pending. USA Gymnastics did not return a message seeking comment.

As recently as last week, several more women filed to join the lawsuit that has already reached more than 115 plaintiffs. Attorneys representing some of those women and girls said they planned to file amended complaints adding even more plaintiffs.

Nassar, 53, of Holt, worked for MSU and with USA Gymnastics for decades. The university fired him in September and he left USA Gymnastics in the fall of 2015 with little notice.

Nassar faces 22 sexual assault charges split between Ingham and Eaton counties. His trial on the 15 Ingham County charges is set to begin Dec. 4. No trial date has been set in Eaton County.

He pleaded guilty in July to three federal child pornography charges and will be sentenced in November.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.