(3) In paragraph 10 of his declaration of November 9, 1994, Mr. Avins referred to the fact that he deposed me in connectino with his suit against James White. He states that the deposition dealt with this same meeting, that is, the meeting where he was "pressed" to resign. He is mistaken. Actually, the deposition dealt with a meeting of on or about August 20 that I attended in Judge DiBona's chambers. Mr. Avins was not present at all and there was no reference to Mr. Avins' resigning. These notes are contained in footnote 13. It is tru, however, that approximately a week later my notes show that I talked with Judge DiBona by telephone and at that time he told me that he had separate meetings with Senator Steele, the trustees, some students, and with Mr. Avins and that at that point he believed Mr. Avins would resign gracefully.
(4) In his November, 1994 declaration, Mr. Avins is wrong when he lumps the Judges' Committee and the Parents' Association together and refers to them as the "Judges' Committee." Judge DiBona's deposition makes it very clear that there were two committees. Velvel Aff., Vol. I, ex. 14 at 74-75. He first organized the Judges' Committee in 1974 after the first ABA report and did so at Mr. Avins' request. Id. at 56. This was the committee of which I was a member. Id. at 57, 58, 64, & 65. After Judge DiBona returned from Hawaii, parents started coming to the meetings of the board of trustees and Judge DiBona then organized the "Parents' Association." Id. at 106, 107. According to Judge DiBona, this was the committee that involved "Alex Sarcione, Mitchell Milner,(sic)and myself [Judge DiBona], a lawyer over in New York, -- Reidel's father-in-law." Id. at 142. The "Parents Association, D.L.S." issued a three-page newsletter that listed its officers, "Morris A. Paley, Esq., President, Bernard L. Les, M.D., Secretary, [and] Alexander V. Sarcione, Treasurer." Velvel Aff., Vol. I, ex. 17 at 254-55.
(5) In paragraph 6 of his November, 1994, declaration, Mr. Avins states that he had many meetings with the members of the Judges' Committee, the members of the Judges' Committee were strongly in favor of meeting the "ABA's demands," and that the committee members repeatedly urged upon him that Delaware Law School should do what the ABA demanded. There is no hint in Mr. Avins' June, 1978, deposition that the Judges' Committee was strongly in favor of meeting the ABA's demands and that it urged him to do so. Mr. Avins does say he had "conversations" with "a couple of Judges and lawyers," who were parents of students. Id. ex. 15 at 74-75. He was specific about only two of them, a dinner meeting which I attended, where the subject of resignation did not come up although "at some point or other somebody raised the matter of my taking a leave of absence for a year. I don't recall the context." Id. at 76-77. This was the same dinner meeting referred to in subparagraph (2), p. 30, and footnote 16. After Judge DiBona's return from Hawaii, there was a second meeting, a luncheon with Judge DiBona, Judge Kirsch (sic), Judge Mirarchi, and "I think a couple of others". Id. at 78. Mr. Avins does not refer to me, to anyone's being "strongly in favor of meeting the ABA's demands for rectification of the alleged shortcomings of DLS," or that anyone "repeatedly urged upon [him] that DLS should do what the ABA demanded." Mr. Avins certainly knew my name when his deposition was taken on June 20, 1978, knew I was a federal judge in Philadelphia, and knew I had taken notes. Mr. Avins was able to remember the names of students who attended one of his meetings. Id. at 80. In his deposition, Mr. Avins makes only one reference that could remotely suggest that he was "urged" or "pressed" to do anything -- a different meeting he had with Dr. Moll.
At that meeting, Dr. Moll said it was "absolutely necessary to affiliate the Delaware Law School with Widener to get accredited." Id. at 207.
Mr. Avins' 1994 declaration is not only at variance with his own deposition but is at variance with Judge DiBona's deposition and testimony. As I have previously pointed out, there are eight pages in Judge DiBona's 116 page deposition on which reference is made to the Judges' Committee he formed. I am named on four of those pages. On pages 64 and 65 Judge DiBona refers to the meeting that started in his office and ended up at a restaurant. Judge DiBona makes these separate occasions, while my notes show it was all one. In any event, it is plain that Judge DiBona was referring to events that took place before he went to Hawaii. The only other reference to the committee and Mr. Avins appears on page 58 where Judge DiBona says that he went to Hawaii in August of 1974 and that prior to August of 1974 the committee had many meetings with Mr. Avins. Judge DiBona says that during those meetings, there were discussions concerning the law school's problems and an effort to explore the ways that help could be provided to the law school. Velvel aff., ex. 14, at 58-59. There is no reference to urging Mr. Avins to "do what the ABA demanded" or "pressing" Mr. Avins to do anything. There is no reference to any meeting of the Judges' Committee with Mr. Avins after Judge DiBona returned from Hawaii and as Mr. Avins stated in his deposition, page 75, he did not discuss the possibility of resigning with Judge DiBona before Judge DiBona came back from Hawaii.
(6) In paragraph 10 of his November, 1994, declaration, Mr. Avins refers to the deposition I gave. He says that it "dealt in significant part with the meeting at which members of the Judges' Committee pressed [him] to resign ...." As I have previously pointed out, the subject of my deposition and the notes I relied upon dealt with a meeting that took place on or about August 20, 1974. He is wrong again. Mr. Avins was not present at that meeting and my contemporaneous recollection of it is recorded in footnote 13. Mr. Avins' November 1994 declaration is not only wrong about the time of the meeting, his presence at the meeting, and what was discussed, but is also at variance with the questions he asked at my deposition. At no point did any of his questions suggest he had been present or a belief on his part that I had ever urged him, pressed upon him, or even discussed with him, his complying with what he now calls the ABA demands.
(7) Mr. Avins is wrong about one more point. In paragraph 7 of his November, 1994, declaration, he states that members of the Judges' Committee, "including Judge Ditter," met with ABA accreditors during inspection functions [plural]. He named James White as being one of those accreditors. During my deposition, he told me Millard Rudd was the other. I have no present recollection of ever meeting with any ABA accreditors or attending any inspection functions. However, in my January 31, 1977, deposition I state that I did attend one cocktail party in January, 1974, that was given in connection with an accreditation inspection. I make it equally clear in that deposition that it was the one and only "inspection function" that I ever attended and that I had no recollection at that time of the names, Millard Rudd or James White. This is what I said in that deposition:
Q. [by Alfred Avins] Alright. Do you recall whether Judge DiBona discussed with you any conversations he had with Professor Millard Rudd, former consultant to the American Bar Association?