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UO Reply in Support of Their Motion to Dismiss Third Amended Complaint to Motion to Dismiss for Failure to State a Claim (Motion to Dismiss Third Amended Complaint)

4/13/2017: If that’s not clear, the docket is here.

2/12/2017 Dana Altman’s Duck basketball players file more lawsuit docs:

After a month or so of delays and a special request to exceed the normal 30 page limit, Dana Altman’s players’ lawyers have finally responded to UO’s lawyers’ response to the players’ lawyers response to UO’s response to Judge McShane’s decision to dismiss some but not all of the arguments of the players’ attorneys in response to UO’s request for dismissal. If that’s not clear the docket is here, with links to most everything. Altman’s players want another round of oral arguments, Judge McShane hasn’t decided on that yet. I gave this latest a quick read and didn’t see anything new, or any more racially offensive language from Brandon Austin’s celebrity attorney Alex Spiro:

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12/5/2016: UO lawyers post summaries of Dana Altman’s players calls with Jane Doe

UO’s lawyers posted these on the federal court website on Friday, as part of their response to the response from Altman’s basketball players’ lawyers response to the UO lawyer’s response to Judge McShane’s decision to dismiss some but not all of the arguments of the players’ crew of attorneys in response to UO’s written request for dismissal and the oral arguments. If that’s not clear, the docket is here.

What’s not clear is why UO has now made these transcripts public by putting them into the court record. Jane Doe reported the alleged gang rape to the UOPD, who did not report it on their crime log or the Cleary report, but instead turned the investigation over the the Eugene PD. The EPD detective asked Doe to call the alleged rapists and record her conversations with them, apparently in the hope that they would say something incriminating, or not. Summaries of those calls are here, along with the EPD interviews with Jane Doe and Altman’s players. One excerpt:


Perhaps UO’s attorneys think that the police investigation records suggests that the players coordinated their stories, and that these reports therefore somehow weaken their case against UO?

If they did coordinate, I wonder if any Duck athletic department employees helped them. Tom Hart, a former New Hampshire state cop, is the go-to guy for Ducks athletes who get in trouble:

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UO’s lawyers have asked for Judge McShane to hear their oral arguments before deciding on their request to dismiss.


  1. dog 02/02/2017

    I am passing this on to my students to use for future excuses for failure to turn in homework on time.

  2. Eugenenative 02/03/2017

    His conscience is getting to him.

  3. Inquiring Minds 02/03/2017

    This whole line of postings is really immature. Why are you obsessing on this? He’s a very experienced, though non-conventional attorney and you don’t know the back stories or details (nor do I). If the other counsel don’t have a problem, why do you?

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