UPDATED: 'Cardinal Rules' publisher: Evidence could put Katina Powell in danger if made public
Powell "has expressed concern about her safety from diehard University of Louisville fans who may seek to use her personal information to harass, stalk, or cause her harm."
LOUISVILLE, Ky., (WDRB) -- The author and publisher of Katina Powell's book, "Breaking Cardinal Rules," have asked a Louisville judge for a protective order that would make evidence in the scandal's lawsuits confidential.
IBJ Book Publishing and author Dick Cady say some evidence sought by an attorney suing on behalf of University of Louisville students and women named in the book has "sensitive confidential and private" information that could cause harm if released.
Specifically, according to the motion filed on Wednesday, Powell "has expressed concern about her safety from diehard University of Louisville fans who may seek to use her personal information to harass, stalk, or cause her harm."
However, an attorney for Powell, Larry Wilder, said on Friday the motion for a protective order "has nothing to do with her safety." Wilder, who did not file the motion, said attorneys for IBJ and Cady are trying to make financial documents confidential.
"Her address has been disseminated all over over already," Wilder said of the allegation UofL fans would use court info to find Powell.
A lawsuit was filed by six women who claim they were defamed by being depicted in the book wearing lingerie and dancing at parties in Minardi Hall, a U of L dormitory for athletes.
Powell alleges that former U of L staffer and player Andre McGee asked her to arrange for women to have intimate encounters with players and recruits.
Among the evidence IBJ and Cady have asked be withheld from the public are addresses, cell phone numbers, financial data, contract negotiations and other "private" information.
The motion includes emails from attorneys on both sides discussing a request by IBJ and Cady to make the evidence in the case "confidential."
They first made the request in July to attorney Nader George Shunnarah, who represents the six women and several U of L students who sued claiming the Powell scandal had damaged the value of a degree from the school.
In his response, Shunnarah wrote:
"Your clients published a book claiming Powell was engaged in prostitution with recruits, students, and parents of students at the University of Louisville. What information do you think needs a protective order? The media pulls copies of everything filed in this case. The NCAA, UofL, and the Commonwealth want statements from my clients. Eventually everything will come out especially if the case is tried."
A judge will hear the motion on Aug. 15.
A Jefferson Circuit Court judge has dismissed the lawsuit filed in 2015 on behalf of student Kyle Hornback, among others, ruling they had no standing to file a lawsuit alleging the Powell scandal had damaged the value of a degree from the school.
Judge Mitch Perry ruled that allowing their case to go forward would open up a chain of liability that could set a bad precedent.
On June 10, attorneys for IBJ and Cady filed their own lawsuit against Hornback, other students and Shunnarah, claiming the students simply were trying to "extort a monetary settlement and gain notoriety." Powell was not named in the suit.
That suit claims the students and Shunnarah did not have probable cause to file the suit and "did not reasonably believe the facts they alleged."
And it notes that Shunnarah did not withdraw the lawsuit even after U of L "had acknowledged that its investigation had identified violations by its basketball program" and announced a self-imposed postseason ban on the basketball team.
Former U of L President Jim Ramsey "determined that it was reasonable to conclude the violations had occurred in the men's basketball program in the past," according to the suit.
IBJ and Cady are asking for unspecified monetary damages, including attorney's fees.
Hornback had claimed that Powell's "malicious, willful, wanton, and outrageous" actions have limited her ability to find a job after graduation and pay back student loans.
The suit was seeking class action status on behalf of the student body at U of L and other students names had been added as plaintiffs.
On Friday, Wilder said Cady, IBJ and Powell are "the only people involved with this who really want to tell the truth and really continue to stand up and win."
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