Knicks' Isiah Thomas, accuser head toward trial
BY KEN BERGER

9:52 PM EDT, August 13, 2007

Despite stern warnings from a federal judge, both sides in the sexual harassment lawsuit against Knicks coach Isiah Thomas and Madison Square Garden are holding firm in their insistence on going to trial.

In a 55-page opinion filed last week, U.S. District Judge Gerard E. Lynch dealt blows to both sides in the lawsuit by former Garden executive Anucha Browne Sanders, who claims Thomas sexually harassed her and that she was fired for complaining about it.

Lynch's opinion rejecting motions by Thomas and the Garden for summary judgment was not surprising. But the tone of his upbraids was not lost on either side, according to a source familiar with the case.

"You can clearly read that opinion and think that he's trying to send a message to one or both sides about the wisdom of going to trial," one such source said Monday.

In ruling that numerous factual disputes in the case are best left to a federal jury, Lynch also revealed his opinions on the difficult road ahead for both sides if they fail to reach an out-of-court settlement. Barring such a development, the trial is scheduled to begin Sept. 10 in U.S. District Court in Manhattan.

At one point in the order, Lynch wrote, "It is strongly arguable that an employee subjected to Thomas's admitted actions could reasonably consider them harassing, even if a jury could ultimately fairly conclude that those actions did not constitute prohibited discrimination." The judge also stated that Browne Sanders' case that her firing was retaliatory in nature was "formidable."

However, Lynch also wrote that it was "relevant" that Browne Sanders did not file her internal sexual harassment complaint until after she felt her job was in jeopardy due to increasingly poor performance reviews. Lynch also expressed skepticism about Browne Sanders' claim that she was unaware of thousands of dollars in erroneous tax deductions that came to light during discovery in the lawsuit.

A spokesman for the Garden declined comment Monday, as did Kevin Mintzer, an attorney for Browne Sanders. Both sides issued statements last week stating they were looking forward to a trial. According to court records, Browne Sanders is seeking at least $600,000 in back pay and more than $9.7 million in front pay and damages.

Although a September 2006 ruling in favor of Browne Sanders by the Equal Employment Opportunity Commission required both sides to enter settlement talks, two people familiar with the case said Monday that such talks have not been significant. "There's going to be a trial," one of the people said.

Judge's block benefits Isiah Thomas in case

BY KEN BERGER

kenneth.berger@newsday.com

7:03 PM EDT, August 16, 2007
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The sexual harassment case against Knicks coach and president Isiah Thomas is getting ugly again, and we haven't even gotten to trial yet.

With the dismissive swat of a handwritten order, U.S. District Judge Gerard E. Lynch rejected an effort by Anucha Browne Sanders' attorneys to obtain past tax returns for Thomas, Madison Square Garden chairman James Dolan and other MSG executives.

"Plaintiff's belated efforts to reopen discovery related to this issue, nearly six months after the close of discovery and less than a month before trial, is without merit," Lynch scrawled at the bottom of a court document in rejecting the request, perhaps signifying his dwindling patience with a case that is only getting more contentious.

Browne Sanders' tax returns are at issue in the lawsuit because it was determined that she had thousands of dollars in erroneous deductions in 2003 and 2004 and may have been running an outside business, in violation of MSG policy.

Lawyers defending Thomas and the Garden against Browne Sanders' sexual harassment suit have argued that her allegations are irrelevant because she would've been fired had the alleged tax fraud been discovered while she was employed. Lynch has stated that the issue is for a jury to decide.

In a four-page pleading dated Wednesday, Browne Sanders' attorneys argued that the tax returns of Thomas, Dolan and MSG Sports president Steve Mills, among others, should be examined for possible tax fraud to test the Garden's position that it fires employees for such offenses. The Garden's lawyers called it a "fishing expedition," and Lynch agreed. One of Browne Sanders' attorneys, Kevin Mintzer, declined to comment on Lynch's decision, as did an MSG spokesman.

Both sides have remained steadfast in their insistence upon going to trial, which is scheduled to begin Sept. 10.