Columbus, OH — February 11, 2026 — A federal court in the Southern District of Ohio has denied a motion by non-party Leslie Wexner to quash a deposition subpoena in the ongoing litigation arising from sexual abuse committed by former Ohio State University physician Richard Strauss.
Wexner served on the Ohio State Board of Trustees from 1988 to 1997 and chaired the board from 1996 to 1997. Richard Strauss was employed by Ohio State from 1978 to 1998 as a physician treating students, including student-athletes. Following the $6.2 million independent Perkins Coie investigation commissioned by Ohio State, then-president Michael V. Drake, MD stated in part, “Our institution’s fundamental failure at the time to prevent this abuse was unacceptable — as were the inadequate efforts to thoroughly investigate complaints raised by students and staff members.”
The Court denied Mr. Wexner’s motion in its entirety and ordered that he sit for a deposition within sixty days. The Court also denied Mr. Wexner’s alternative request for a protective order and his request for fees and expenses.
Mr. Wexner had argued that the subpoena imposed an undue burden, that the information sought was available from other sources, and that plaintiffs were pursuing his deposition for what he described as an improper “publicity-generating purpose.” The Court rejected those arguments.
Read the Court’s Order here
Applying Rule 45 of the Federal Rules of Civil Procedure, the Court held that plaintiffs adequately demonstrated the relevance of Mr. Wexner’s testimony in light of his tenure on Ohio State’s Board of Trustees, including his service as Vice Chairman and Chairman and his roles on the Board’s Personnel Committee. The Court further noted that a professed lack of knowledge does not ordinarily justify quashing a deposition, as the requesting party is entitled to test that assertion through examination.
The Court also found that Mr. Wexner did not establish good cause for a protective order, concluding that he had not identified specific prejudice or harm that would result from proceeding with the deposition.
As a result, the Court ordered that Mr. Wexner shall sit for a deposition in the consolidated cases within sixty days of the date of the Opinion and Order and directed counsel to coordinate the date, time, and location.
“This ruling represents another important step toward transparency and accountability,” said Joe Sauder of Sauder Schelkopf and Sarah Bradshaw of Sharp Law. “It ensures that the discovery process moves forward consistent with the Federal Rules. The Court carefully applied established legal standards and determined that the deposition should proceed.”
Sports Illustrated: Why Aren’t More People Talking About the Ohio State Sex Abuse Scandal?
Sauder Schelkopf has been at the forefront of this litigation since 2018. It is alleged that the university officials had knowledge of Strauss’ misconduct dating back to 1979 and failed to take appropriate action. A 2019 independent investigation commissioned by OSU concluded that Strauss abused at least 177 male students between 1978 and 1998 and that complaints were never elevated beyond the athletic and student health departments. Sauder Schelkopf continues to represent a group of survivors seeking accountability and institutional reform.
For more information about this case or to speak with an attorney, please contact us by completing the form on this page or call 1-888-711-9975.