From ATI, Dr. David Schnare
It appears UVA gave Michael Mann a copy of the documents we have sought and under law this means UVA waived its right to withhold the documents from us. UVA effectively admitted they gave the emails to Mann and in their most recent motion and legal memorandum they argue we are trying to do an “end run” to obtain them from Mann instead of UVA. In light of UVA’s delaying tactics and on the basis of this new information, we are going on the attack. Hence our motion and memorandum of law.We ask the court to find that UVA waived their right to keep the emails secret and ask the court to order UVA to hand them over to us.
Keep in mind, UVA calls these documents “proprietary” and thus something they don’t want their competitors to have. But who is Michael Mann and Penn State if he and his university are not UVA’s competitors? He and Penn State compete for research grants, quality students and quality faculty. These are exactly the people and institutions against whom UVA has a right to withhold its emails (if they actually contained economically valuable information).
Many have asked us about the status of the law suit against the University of Virginia challenging their withholding of 12,000 emails written or received by Michael Mann while he was a junior faculty member there. Because the University has taken every step it could to delay this getting to the judge, it has taken a long time to get where we are and will take several months more.
Full report here