Judge denies stay of motion in McQueary whistleblower case

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Judge Thomas Gavin has denied Penn State’s request to stay Mike McQueary’s whistleblower case until after the criminal cases against Graham Spanier, Gary Schultz and Tim Curley are complete. The university wanted the case stayed because of overlapping factual and legal issues which they believe should be resolved in criminal prosecutions before embarking on McQueary’s case.

Judge Gavin stated in court papers, “[A] factor that I deem relevant is the publicly stated (through various members of Penn State’s Board of Trustees) desire of Penn State to restore its reputation as promptly as possible. Certainly, McQueary should have the same right. Allowing this case to proceed now will afford both parties that opportunity.”