Skip to content

NCAA requests that O’Bannon lawsuit be delayed 15 months

Aug 21, 2013, 3:50 PM EDT

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. The Ray Kasongo saga takes another turn on Wednesday

    Aug 19, 2014, 9:55 PM EDT

    kasongo

    Ray Kasongo was denied admission from Oregon on July 30, reopening his recruitment.

  2. Northern Illinois unveils its new basketball floor (PHOTO)

    Aug 19, 2014, 8:10 PM EDT

    Twitter/NIUAthletics Twitter/NIUAthletics

    This new court design is interesting to say the least.

  3. Report: Wichita State to play in early season tournaments in 2015, 2016, 2017

    Aug 19, 2014, 7:59 PM EDT

    AP AP

    Take a look at what tournaments the Shockers will appear in over the next few years.

  4. Four-star 2015 guard Jimmy Whitt commits to Arkansas

    Aug 19, 2014, 6:07 PM EDT

    Under Armour Under Armour

    Jimmy Whitt is ranked just outside the top 50 in the Class of 2015.

  5. Highlights from the 2014 Nike Global Challenge (VIDEO)

    Aug 19, 2014, 4:40 PM EDT

    Nike EYBL Nike EYBL

    Stephen Zimmerman averaged 17.5 points, 11.5 boards and 2.2 blocks per game in four games at the Nike Global Challenge.

  6. Nicholls State adds the son of a Syracuse legend to their 2014 class

    Aug 19, 2014, 3:54 PM EDT

    Getty Images Getty Images

    Nicholls State may have a large, orange-clad fan base these days.

  7. John Calipari on whether Kentucky will use platoons this season: ‘I think so’

    Aug 19, 2014, 3:04 PM EDT

    Kentucky Athletics Kentucky Athletics

    It’s how they played through their six games in the Bahamas.

  8. VCU lands a commitment from talented local guard

    Aug 19, 2014, 1:40 PM EDT

    Nike/Jon Lopez Nike/Jon Lopez

    Shaka Smart brings in a perfect piece and that was a priority recruit.

  9. Photos and videos from Team USA’s trip to West Point

    Aug 19, 2014, 12:33 PM EDT

    Screen Shot 2014-08-19 at 12.32.00 PM

    It looks like everyone had a great time.

  10. Short film on an American basketball player in the AFL (VIDEO)

    Aug 19, 2014, 11:09 AM EDT

    Screen Shot 2014-08-19 at 11.08.20 AM

    Jason Holmes is a pro athlete in a sport he never heard of.

  11. Mixtape of high-flying 2015 guard Christian James (VIDEO)

    Aug 18, 2014, 11:00 PM EDT

    christian james

    Christian James is one of the better dunkers in the 2015 class.

  12. Former Vanderbilt player releasing book exposing sex, drugs and parties in college basketball

    Aug 18, 2014, 9:30 PM EDT

    kyle fuller Getty Images

    A former Vanderbilt player is hoping to release a book discussing the dirtier side of college basketball.

  13. Ohio State releases non-conference schedule

    Aug 18, 2014, 8:25 PM EDT

    Thad Matta AP

    Ohio State has some interesting games in the non-conference slate.

  14. Iowa head coach Fran McCaffery: ‘We have great kids. We don’t have thugs’

    Aug 18, 2014, 7:25 PM EDT

    Fran McCaffery AP

    Iowa head coach Fran McCaffery defended some of his player’s recent offseason troubles.

  15. Sexual assault lawsuit filed against 2014 NCAA Tournament team, alleging Title IX violations

    Aug 18, 2014, 6:24 PM EDT

    swilling Getty Images

    Some more disturbing allegations are levied against a 2014 NCAA Tournament team.

  16. College Basketball Talk’s Recruiting Roundup

    Aug 18, 2014, 5:00 PM EDT

    (adidas) (adidas)

    This week’s CBT Recruiting Roundup features some thoughts on Noah Dickerson to Florida and a couple of 2015 guards cutting school lists.

  17. Report: There’s ‘a chance’ Georgetown will play Maryland

    Aug 18, 2014, 3:42 PM EDT

    John Thompson III AP

    The two programs haven’t played on one another’s home court in two decades.

  18. Nebraska lands two players on Monday, including a Kansas transfer

    Aug 18, 2014, 2:24 PM EDT

    Andrew White III AP

    Nebraska has added a player in the Class of 2017 and a top 50 recruit from 2012 in the span of a few hours.