Lawyers from the University of Michigan and lawyers representing the victims of former university doctor Robert Anderson are in federal court for a hearing, starting in about 5 minutes. Follow along here. @freep
At issue is the university's independent investigation by a law firm into Anderson, operating outside of the court system.
Defendants are trying to get judge to reverse ruling that Pres. Mark Schlissel and the lawyers (Wilmer Hale) running the independent investigation must appear in court
Judge Roberts: "The order arose from a broad discussion of items"
Judge Roberts says the court wanted to know how the independent investigation works with the lawsuits and the court system's procedures.
Judge Roberts just said an attorney for U-M has said the WilmerHale report is scheduled for release in October. Roberts says she continues to struggle with place of the "independent investigation" and the lawsuit.
Roberts: This court shares the concerns of the plantiffs' attorneys
Roberts: "I'm even more convinced that more light needs to be shed on what WilmerHale is doing."
Roberts: Court asked Jones Day to arrange for WilmerHale to appear in court and Jones Day refused to do so.
Roberts: In 23 years, I've never had a lawyer refuse to ask a lawyer to come in and never had a lawyer decline to come in.
Roberts: My first question to the defendants - is it your position that this court doesn't have the authority to ask a party representative to appear in the court?
Roberts says previous ruling by appeals court overturning a court ordering Schlissel to appear was about a settlement conference. This is different, she said. "This is a simple... status conference"
Roberts: The independence of Wilmer Hale is questionable. It is hired by the regents. It is reporting to the general counsel of the university. It is claiming an attorney client privilege with the university.
Attorney Stephen Cowen, representing U-M says we tried to answer all your questions about the independent investigation.
Cowen: We weren't saying under no circumstances the president couldn't be a fact witness. The issue is whether the court can choose the specific individual to represent the university
Roberts: Who else would I call... other than Pres. Schlissel?
Roberts: Is it your sense that it is truly an independent investigation?

Cowen: From us - yes.

Roberts: But not independent from the university or board of regents

Cowen: Board doesn't control the investigation.
Attorney Jonathan Selbin, attorney representing class action victims says he is concerned that Wilmer Hale isn't telling people there is a class action lawsuit going on they might be able to join,
Victim attorney Powell Miller says an investigation should be done in the "light, not in the shadows"
Powell: The university of michigan didn't even do the base level of telling people there was a potential class action lawsuit
U-M lawyers says it will sit down with plaintiff attorneys to work out how independent investigation will go forward and work with the ongoing lawsuits.
Roberts says that needs to happen quickly.
Court says both sides should come back Weds. July 29 at 4:15 p.m. to update the court
Hearing is over
You can follow @reporterdavidj.
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