1:23-CV-00129-DAE § LILLIAN MILLS, in her official capacity § as Dean of the McCombs School of § Business at the University of Texas at § Austin; ETHAN BURRIS, in his official § capacity as Senior Associate Dean for § Academic Affairs of the McCombs School § of Business at the University of Texas- § Austin; and CLEMENS SIALM, in his § official capacity as Finance Department § Chair for the McCombs. [...] 18 Lillian Mills, in her official capacity as Dean of the McCombs School of Business at the University of Texas at Austin; Ethan Burris, in his official capacity as Senior Associate Dean for Academic Affairs of the McCombs School of Business at the University of Texas at Austin; and Clemens Sialm, in his official capacity as Finance Department Chair for the McCombs School of Business at the Univer. [...] Specifically, Lowery has already sought and obtained the lone email communication involving the two non-party professors and former Defendant Sheridan Titman, and Lowery has repeatedly been told both in written discovery responses and at depositions that none of the Defendants (nor, for that matter, President Hartzell and the other University employees that Lowery wants to believe are conspiring a. [...] The Court should deny Lowery’s latest attempt to abuse the discovery process for the improper purpose of harassing an ever-widening group of University employees and officials who could not have been the source of any objectively reasonable fear of retaliation by Defendants, which is the only discovery potentially relevant to Lowery’s sole live claim. [...] Accordingly, while Defendants urge the Court to deny outright the motion to compel regarding Almazan and Alti, if Lowery seeks to rely upon his motion to amend the complaint in his reply in support of this Motion, then at a minimum the Court should deny the motion to compel without prejudice and allow it to be refiled only if Lowery’s motion to amend is granted and his amended complaint survives a.
- Pages
- 9
- Published in
- United States of America
