Skip to content

NCAA requests that O’Bannon lawsuit be delayed 15 months

Aug 21, 2013, 3:50 PM EST

Mark Emmert AP

This summer hasn’t been an especially kind one to the NCAA in the court of public opinion, especially when it comes to the way in which current (and former players) are used by the organization.

A look into the Johnny Manziel case resulted in the discovery that the NCAA’s official online store did link individual players to their jerseys via the site’s search option. This option would later be disabled, and NCAA president Mark Emmert announced during a teleconference that the site would no longer sell player jerseys. And there was also the decision in another court to allow the lawsuit

With more people voicing their displeasure with the current system, there have been questions as to what impact the lawsuit filed by former Arizona State and Nebraska quarterback Sam Keller against the NCAA and EA Sports would have on the current climate.

In late July the defendants’ claim that their use of player likenesses was protected by the First Amendment was denied by a circuit court of appeals, allowing the case that’s essentially been consolidated into the O’Bannon suit to proceed.

With the hits they’ve taken in the courtroom, it’s understandable if the defendants in the O’Bannon lawsuit (the NCAA, EA Sports and Collegiate Licensing Company) felt the need to essentially “lick their wounds” and take some time to regroup. On Monday the NCAA requested that the trial, which currently has a start date of June 9, 2014, be delayed until August 28, 2015. The other two defendants requested that the start of the trial be delayed five months.

The plaintiffs issued a written request to U.S. Distirct Judge Claudia Wilken that she not push the start date back, thus giving her another matter to consider while also needing to rule as to whether or not the case will receive class-action certification.

Steve Berkowitz of USA Today provided a summary of the other matters on Judge Wilken’s plate regarding the O’Bannon suit:

An amended version of the complaint that added current college athletes to the list of named plaintiffs.

Motions that each of the defendants filed in response to amended version of the complaint. The NCAA and EA want the opportunity to seek their dismissal from the case before Wilken rules on class certification – and the NCAA wants the opportunity to conduct an extensive round of evidence gathering in conjunction with its presumptive bid for dismissal. CLC wants all but one of the current-athlete plaintiffs removed from the case and it wants the scope of the plaintiffs’ case to be reduced.

The parties’ inability to agree on a case schedule, which Wilken had asked them on Aug. 8 to negotiate and then file with her on Monday. Instead of an agreed-upon schedule, she got a 16-page joint statement that said early on: “The parties have not been able to reach any agreements on any of the topics discussed.”

In recent weeks there have been more than a few hypotheses as to what would happen to collegiate athletics should  the plaintiffs win. However based on the many moving parts, it seems as if any changes to the current model won’t be happening for quite some time.

Latest Posts
  1. Right wrist injury to sideline Maryland senior wing four weeks

    Nov 28, 2014, 11:25 AM EST

    Dez Wells, Hugo Naurais Dez Wells, Hugo Naurais

    Dez Wells made just five of his 20 field goal attempts against Iowa State. This injury may be the reason why.

  2. Friday’s Pregame Shootaround: Oklahoma, No. 2 Wisconsin meet for Battle 4 Atlantis title

    Nov 28, 2014, 10:24 AM EST

    Buddy Hield, Zeek Woodley AP

    Providence better focus on Yale and not get caught looking forward to their game at No. 1 Kentucky on Sunday.

  3. Late Night Snacks: No. 2 Wisconsin remains undefeated, No. 5 North Carolina bounces back

    Nov 28, 2014, 2:01 AM EST

    Jabril Trawick, Duje Dukan Jabril Trawick, Duje Dukan

    North Carolina did a better job on the boards while also forcing 23 turnovers in their win over UCLA.

  4. Penn State unveils new uniforms for next two games

    Nov 27, 2014, 9:53 PM EST

    Patrick Chambers AP

    Penn State will return to the school’s original colors- black and pink- for their next two games.

  5. Bronson Koenig, Duje Dukan step forward in No. 2 Wisconsin’s win over Georgetown

    Nov 27, 2014, 6:08 PM EST

    D'Vauntes Smith-Rivera, Bronson Koenig D'Vauntes Smith-Rivera, Bronson Koenig

    Koenig and Dukan combined to score 18 points in the second half for the second-ranked Badgers.

  6. Richmond loses reserve guard to left foot injury

    Nov 27, 2014, 5:24 PM EST

    Chris Mooney Chris Mooney

    Khwan Fore’s averaging 7.5 minutes per game in two appearances this season.

  7. Report: Gonzaga’s Josh Perkins broke his jaw

    Nov 27, 2014, 12:56 PM EST

    St Joseph's v Gonzaga St Joseph's v Gonzaga

    Perkins was kicked in the face by a Georgia player.

  8. Pregame Shootaround: Enjoy your Turkey Day!

    Nov 27, 2014, 11:19 AM EST

    Frank Kaminsky (AP Photo) Frank Kaminsky (AP Photo)

    It’s not just football that’s on today.

  9. St. John’s seniors say they ‘grew up’ against Minnesota, but have they?

    Nov 27, 2014, 3:14 AM EST

    D'Angelo Harrison (AP Photo) D'Angelo Harrison (AP Photo)

    A lot is riding on this season for St. John’s. Can they consistently be the ‘grown up’ team they claimed to be on Wednesday night?

  10. Late Night Snacks: Two ranked teams fall at the Battle 4 Atlantis

    Nov 27, 2014, 3:07 AM EST

    Kelan Martin, Marcus Paige AP

    Two Big East teams made statements in the Bahamas, and No. 3 Arizona won the Maui Invitational.

  11. The little things made a big difference in No. 3 Arizona’s win over No. 15 San Diego State

    Nov 27, 2014, 2:07 AM EST

    Sean Miller Sean Miller

    Arizona scored 22 points off of 14 San Diego State turnovers, and that along with good foul shooting proved to be the difference.

  12. D’Vauntes Smith-Rivera’s shot propels Georgetown past No. 18 Florida

    Nov 27, 2014, 12:56 AM EST

    D'Vauntes Smith-Rivera D'Vauntes Smith-Rivera

    Georgetown committed 19 turnovers, but they shot 49 percent from the field and earned another quality win for the Big East.

  13. Rick Pitino gets his 700th career victory, but his team remains cold from three

    Nov 26, 2014, 10:22 PM EST

    Rick Pitino Rick Pitino

    Through five games Louisville is shooting 24-for-105 from three. They’ll need to shoot better than that when Ohio State visits next Tuesday.

  14. #POSTERIZED: St. John’s forward Sir’Dominic Pointer finishes with authority (VIDEO)

    Nov 26, 2014, 9:11 PM EST

    Sir'Dominic Pointer, Tony Chennault Sir'Dominic Pointer, Tony Chennault

    Sir’Dominic Pointer picked off Minnesota center Elliot Eliason’s outlet pass and made the big man pay for his mistake.

  15. Binghamton’s leading returning scorer, rebounder takes indefinite leave of absence

    Nov 26, 2014, 8:05 PM EST

    Tommy Dempsey Tommy Dempsey

    Justin Reed was one of America East’s best guards in each of his first two seasons, but that hasn’t been the case in 2014-15.

  16. Buddy Hield, improved shot selection the keys in Oklahoma’s win over No. 22 UCLA

    Nov 26, 2014, 6:42 PM EST

    Buddy Hield, Zeek Woodley AP

    After launching 22 three-pointers in the first half, Oklahoma took a wiser approach to the offensive end of the floor as they outlasted No. 22 UCLA.

  17. No. 5 North Carolina’s loss highlights issues with their rebounding, toughness

    Nov 26, 2014, 5:29 PM EST

    Getty Images Getty Images

    It’s hard to put too much stake in one loss, but there are a couple of things from this game that we need to keep an eye on.

  18. Report: Iona reels in well-traveled transfer wing

    Nov 26, 2014, 5:24 PM EST

    Iowa State v Notre Dame Getty Images

    Cameron Biedscheid averaged 6.2 points per game as a freshman at Notre Dame in 2012-13.