In their June 3 filing, Middlebury and Beaney seek to spin the events in a slightly different way than Knelman’s complaint did but, even in their retelling of the facts, the facts indicate that Beaney dismissed Knelman from the Middlebury hockey team on January 24 primarily for leaving a January 15 banquet for Middlebury hockey alumni a short time before the function officially ended. At various places in the document, Middlebury and Beaney argue that there were issues with regard to Knelman’s attitude prior to the banquet but they undercut this argument by admitting that the coaching staff had not previously communicated concerns about Knelman’s attitude to Knelman or other members of the team. And then Middlebury and Beaney basically acknowledge that Knelman had no internal recourse to obtain relief or review of Beaney’s actions against him.
To be simplistic about it, these facts are not particularly favorable for Middlebury or Beaney. Thus, we see signs in the answer that Middlebury and Beaney are likely to rely primarily on legal arguments as their defense—which in turn are likely to eventually emerge in the form of a “motion to dismiss” or a similar filing—and to try to avoid a jury trial that will require an assessment of the less-than-complimentary facts.
Discovery in this case began in August, with the exchange of “interrogatories” (written questions) and requests for production of documents. Through the documents production process, each of the parties can gain access to e-mails and other documents in the possession of the other side or persons associated with the other side that relate directly or indirectly to the case. For example, the discovery process will allow Knelman’s attorneys to dig into Middlebury’s and Beaney’s records with regard to why other Middlebury players mysteriously disappeared from Beaney-coached teams over the years (examples include the departures of quality players such Tim Schneider early in the 2003-04 season, James Guay midway through the 2004-05 season, Kyle Koziara in the 2006-07 season, and Mike Kretschmer after the 2008-09 season). On a more basic level, it will give Knelman the ability to gather e-mails and such about him that were written by the coaching staff, other players, or Middlebury administrators and faculty members.