Gallion filed an emergency motion for a stay of the trial set to begin Monday, pending the filing of a petition for a Writ of Mandamus to Judge Steve Wilson of the Tuscaloosa Circuit Court.
Gallion filed the motion with the Clerk of the Supreme Court of Alabama Friday morning, following Thursday's ruling that threw out Cottrell's claims against the NCAA.
The motion for a stay indicated that the writ of mandamus "wil be based on three very recent rulings of the Tuscaloosa Circuit Court which Plaintiffs will show were each a clear abuse of judicial discretion."
The motion claims the abuse of judicial discression on 1.) Denying the motion to compel release of an agreement between the NCAA and Tom Culpepper on legal bills, 2.) Denying the motion to compel producing the NCAA and Rich Johanningmeier's records, such as phone and e-mail records and 3.) Premature court rulings before depositions of NCAA employee Cheryl DeWees and her boss Shep Cooper could be submitted for the court's review.
About the indemnity agreement, the motion said, "Those rulings, denying discovery of the indemnity agreement ot Plaintiffs, were an abuse of the court's discretion because Plaintiffs have a clear legal right to the agreement for use at tria since Culpepper will be the principal trial witness, and his bias and propensity for lying are central defamation issues."
The motion states, "Despite the circut court's prior holdiing that it would postpone ruling on the Defendants' summary judgment motions until after these depositions could be submitted to and considered by the court, yesterday (July 7) it acted in contradiction of its earlier ruling and issued an Order granting the defendants' summary judgment motions in large part and gutting the Plaintiffs' case."
The motion urged the Supreme Court consider the DeWees deposition, specifically calling out portions where DeWees consents to making mistakes on six different occasions in reference to the plaintiffs' listing on the NCAA web site.
The motion in its entirety is linked below: