Posted on September 6, 2012 at 10:53 AM
NEW YORK -- Lawyers for Roger Clemens and Brian McNamee have agreed to a pretrial schedule through next summer in the lawsuit between the seven-time Cy Young Award winner and his former personal trainer and say they are likely to have a dispute about exchanging certain documents, such as FBI reports.
Under the joint report and discovery plan filed Wednesday in U.S. District Court in Brooklyn, depositions of factual witnesses are to be completed by April 1, with McNamee’s initial expert reports due by April 12, Clemens’ expert reports by May 17 and McNamee’s rebuttal expert reports by June 14.
Discovery is to be finished by June 28 and dispositive motions—such as for a summary judgment—by Aug. 1.
The sides say likely disputes include McNamee’s request for FBI interview reports and grand jury materials from Clemens’ criminal trial, which resulted in acquittal on all charges, and Clemens’ request for unsealed materials from McNamee’s ongoing divorce proceeding.
McNamee sued Clemens in 2008 in New York state court, and the case was moved to federal court. Among McNamee’s claims are that he was defamed by statements from Clemens’ side accusing McNamee of lying and of manufacturing evidence, such as bloodied syringes, vials and gauze pads.
Clemens was acquitted in June on all charges that he obstructed and lied to Congress in denying he used performance-enhancing drugs. The 50-year-old right-hander is scheduled to make his second start Friday for the Sugar Land Skeeters of the independent Atlantic League.