Defendants Eli Manning and other Giants employees could avoid testifying under oath in the years-long memorabilia suit because a settlement between the two sides is a possibility, the Daily News has learned.
While Bergen County Superior Court Judge James J. Deluca denied the Giants’ and Manning’s motions for sanctions against the plaintiffs and plaintiffs’ attorneys Wednesday, The News has learned that the legal process is being dragged out due to defendants supposedly resisting scheduling of their depositions. If a settlement were reached, Manning and other Giants employees would avoid going under oath.
The suit accuses Manning and the Giants of selling counterfeit items to fans and collectors, and was originally filed in January 2014. The Giants have handed over emails dating back to 2003. Eric Inselberg, Michael Jakab and Sean Godown are the plaintiffs in the case, which also involves memorabilia dealer Steiner Sports.
Karen Kessler of Evergreen Partners, Inc., a spokeswoman for the firm of McCarter & English, which is representing the Giants, sent a statement to The News Wednesday.
“The plaintiffs are trying to sensationalize the mundane task of scheduling depositions, which takes place in every case, and is happening now,” Kessler wrote.
While there is believed to be no gag order issued by Deluca, there is a sealing order for documents in the case, according to sources. The order applies to the handling of discovery documents, and apparently would affect someone trying to attach such documents to a motion. It’s unclear what the motions for sanctions by the defendants were intended to do, but the judge has stepped up efforts to prevent leaks to the press. An April filing and media reports of a potentially incriminating 2010 Manning email to Giants equipment director Joe Skiba, may have prompted Manning and the Giants to counter with the motion for sanctions.
The Daily News has learned there have been several other filings recently, in fact, that are under the judge’s recent order to remain “confidential.” Deluca clearly is trying to rein in the case from the public eye.
Manning defended himself last month at the Giants’ practice facility.
“I’ve never done what I’ve been accused of doing. I have no reason, nor have I ever had any reason, to do anything of that nature. I’ve done nothing wrong, and I have nothing to hide. And I know that when this is all done, everybody will see it the same way,” Manning said.
The April filing had added new evidence, specifically the Manning email that the Giants allegedly had withheld previously. The email depicted Manning asking Skiba, another defendant in the case, for “2 helmets that can pass as game-used.”
Manning contended the email had been “taken out of context” and announced “there are some other filings that have gone on recently that will clear up a lot of those things.” The Giants and Manning were filing their motions to sanction the plaintiffs and prevent leaks, but information to clarify their positions appeared in an ESPN report April 26.
The report said new filings by Manning’s attorneys suggested there was no plan to fabricate game-used memorabilia. The new evidence reportedly included communications between Manning and Skiba in 2011, 2012 and 2013, demonstrating instances when Manning specifically set aside gear for memorabilia purposes.
The ESPN report did not address whether the filing included further evidence from the year 2010, however, and so did not clarify the incriminating email and correspondence.
