Judge rejects NCAA, cancels hearing
by Steve Berkowitz , USA TODAY Sports
The judge in former college basketball star Ed O’Bannon’s lawsuit pertaining to the use of college athletes’ names and likenesses on Thursday rejected the NCAA’s request for an expedited case management hearing, canceled a hearing that had been set for Sept. 5 and said she will instead rule on a series of recent motions by the NCAA and other defendants based on written filings.
The NCAA and co-defendants Electronic Arts, the video game manufacturer, and Collegiate Licensing Co., the nation’s leading collegiate trademark licensing and marketing firm, had each filed motions in response to the plaintiffs’ July 18 filing of an amended complaint and their addition of current college athletes as named plaintiffs.
The NCAA and EA have asked for the opportunity to file a motion seeking their dismissals from the case. CLC has asked for the removal of four of the five remaining active-athlete plaintiffs and a reduction in the cases’ scope.
After the first of those motions, from EA, U.S. District Judge Claudia Wilken set a hearing for Sept. 5, as well as a set of pre-hearing filing dates.
Last Friday, the NCAA asked Wilken to move the hearing up to Aug. 22, make according changes to the filing deadlines and hold a case management hearing as soon as possible.
On Thursday, she denied that request and ordered the parties to work out the case schedule among themselves and file a “joint status statement” by Aug. 19.
Referring to the NCAA’s papers from last Friday, Wilken wrote: “The NCAA does not state whether it has tried to work with the other parties to resolve this or any other case management issue that it has identified. In their response, Antitrust Plaintiffs represent that the inconsistency [in the case's overall schedule] has not been raised with them and that they would be amenable to making adjustments to address such problems.”
She also noted that during a June 20 hearing on the plaintiffs’ bid to gain class-action status for their case, when she granted EA’s request for an extension of … [For more on Judge in O'Bannon case rejects NCAA, cancels hearing, click here.]