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NHL fighting to keep Bettman off witness stand in concussion lawsuit

Bill Streicher / US Presswire

NHL commissioner Gary Bettman could be compelled to testify in an ongoing concussion lawsuit filed by former players, but the league is doing everything it can to prevent that from happening.

Lawyers for the NHL filed documents late Wednesday in response to a request Bettman be deposed before July 1. The documents equate a Bettman deposition with starting at the end and working backwards, essentially suggesting the plaintiffs are fishing for relevant information.

"Plaintiffs have already received dozens of names of potential witnesses with knowledge of issues relevant to team safety and player concussions through initial disclosures and the NHL's interrogatory responses. Thus, they have plenty with which to 'start proving their case,' " the NHL's lawyers argued, according to TSN.

The documents also reference a decision in a similar lawsuit concerning the NFL, when a request to compel the NFL Network's CEO to testify was refused on the grounds that "less intrusive" means could be employed to obtain any relevant information.

The league also filed a letter, dated March 11, arguing the former players were not proceeding with discovery in a timely manner, delaying further developments in the lawsuit.

"Even though their discovery burdens in the matter are substantially less than the NHL's, plaintiffs have yet to produce any documents," NHL attorney John Beisner wrote. "And given plaintiffs' refusal to provide medical record authorizations, it is virtually impossible that the time-consuming process of collecting those materials can be completed by the end of June."

Lawyers for the former players say they have received insurance policies and the NHL's official guide and record book through discovery, totaling 7,772 pages of documents.

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