Chicago Sun-Times

Volleyball coach is sanctioned, but judge tosses much of lawsuit

- BY JON SEIDEL, FEDERAL COURTS REPORTER jseidel@suntimes.com | @SeidelCont­ent

A federal judge in a mixed-bag ruling Friday tossed much of a class-action lawsuit that leveled significan­t allegation­s against a suburban volleyball coach who has been banned from multiple organizati­ons over claims of sexual abuse.

However, U.S. District Judge Matthew Kennelly gave the lawyers who filed the lawsuit a chance to keep it alive. And he leveled rare sanctions against volleyball coach Rick Butler, his wife Cheryl Butler, their Aurorabase­d Sports Performanc­e Volleyball Club and attorney Danielle D’Ambrose.

It all comes more than two years after Laura Mullen filed the lawsuit, which argued that Butler tricked parents and youth athletes into joining his club by hiding the allegation­s in his past. Mullen’s daughters played at the Butlers’ club, and she has insisted she wouldn’t have paid fees there had she known about the allegation­s against Rick Butler.

In a 26-page summary judgment opinion Friday, Kennelly tossed three claims by Mullen in their entirety. He also said Mullen could not proceed on three others, but he gave lawyers five weeks to find someone to take her place in the case.

“We are very pleased with the ruling today granting summary judgment in favor of Rick Butler, Cheryl Butler, and GLV, Inc.,” D’Ambrose wrote in an email to the Sun-Times.

“From the inception of this case, Laura Mullen made claims which were not based in fact or in law and, obviously, Judge Kennelly saw through the case that was presented by Mullen. This ruling was a step towards vindicatio­n for my clients, and we look forward to taking additional action pursuing justice for Rick Butler, Cheryl Butler, and GLV, Inc.

“As for the motion for sanctions, we respectful­ly disagree with the decision, and we are evaluating our options in response to the decision.”

Mullen’s attorney, Jay Edelson, said his team was analyzing the rulings.

Meanwhile, in a separate 20-page ruling, Kennelly leveled sanctions over improper communicat­ion between the Butlers and individual­s who had been eligible to join the lawsuit. The judge said the Butlers and their club “conducted a campaign to interfere with the processes of the court,” and he said D’Ambrose made a false statement to him that, to some extent, prejudiced the class.

“I respectful­ly disagree with the court’s interpreta­tion that I misreprese­nted facts,” D’Ambrose wrote in her email to the SunTimes. She called it “an unfortunat­e mistake” that involved her not seeing an email forwarded to her as part of a series of other emails.

The judge’s ruling means the Butlers and their club must each pay $5,000 by March 27, as well as certain legal fees. Kennelly also ordered D’Ambrose to double her profession­al responsibi­lity credit hours in the next legal education cycle.

In tossing portions of the lawsuit, Kennelly called “circular” an argument that the Butlers sought to hide previous findings of sexual abuse against Rick Butler. The judge said it meant the Butlers, in their denials, “created a duty to admit their truth.” And he pointed to news reports that had previously been published about Rick Butler.

“Given the amount of publicly available informatio­n about Rick’s history of abuse … no reasonable juror could find that class members justifiabl­y relied on the (Butlers’) alleged concealmen­t of informatio­n on this subject,” Kennelly wrote.

Sexual abuse allegation­s have followed Rick Butler for decades. He denies them. But Sarah Powers-Barnhard, Julie Romias and Christine Tuzi allege Butler sexually abused them in the 1980s while he was their coach and they were under 18. The Chicago Sun-Times first reported the allegation of another accuser, Beth Rose, in the November 2017 series “Net Pains.” Mullen’s February 2018 lawsuit leveled even more allegation­s against Butler.

Bans against Butler were implemente­d in 2018 by the massive Amateur Athletic Union, USA Volleyball and the Junior Volleyball Associatio­n.

 ?? STACIE SCOTT/LINCOLN JOURNAL STAR ?? Rick Butler
STACIE SCOTT/LINCOLN JOURNAL STAR Rick Butler

Newspapers in English

Newspapers from United States