UND's court filings

[The Sicatoka]

"Today I made an appearance downtown, I am an expert witness because I say I am ... "

[Sioux-cia]

Actually, there is. Remember the eBay T-shirt that contained stereotypical references to the Sioux? Somehow, it ended up in the hands of the on-campus activists. But I"m sure that was just a coincidence.

I remember that. How did they get the shirts? eBay closed the auction on those shirts before the bidding was over. The only way they could get those shirts is if THEY made them. I also remember GK posting that he got one... before the bidding was over! Hmmmmm........

[PCM]

I remember that. How did they get the shirts? eBay closed the auction on those shirts before the bidding was over. The only way they could get those shirts is if THEY made them. I also remember GK posting that he got one... before the bidding was over! Hmmmmm........

Like I said...coincidence.

[mksioux]

This brief is solely against the preliminary injunction, which are very rarely granted.

I agree they are rarely granted. However, in this case, I expect the Judge will focus heavily on the balancing of harms factor. UND has been using the nickname for 75 years...1 or 2 more is not going to hurt the NCAA one bit. On the other hand, if the injunction is not granted, it will directly hurt all of the student athletes that would have gotten home-field advantage otherwise (not to mention the monetary loss for UND).

[The Sicatoka]

Thursday gets more interesting given that UND's football team is a lock for a top four regional seed, and those should get home field in their opening games.

Somebody planned the filing date well.

Someone set the hearing date well.

[bincitysioux]

if the injunction is not granted, it will directly hurt all of the student athletes that would have gotten home-field advantage otherwise (not to mention the monetary loss for UND).

But isn't the NCAA all about providing the best opportunities for the student-athlete?

[The Sicatoka]

But isn't the NCAA all about providing the best opportunities for the student-athlete?

" ... about student-athletes ... "

Oh my, I love that one.

It gets me rollin' every time.

[mksioux]

UND's reply brief is now available.

http://www.ag.state.nd.us/NCAA/UNDReplyMem...lInjunction.pdf

[mksioux]

It looks like UND has retained co-counsel from Salt Lake City. One has experience in anti-trust litigation.

Peter W. Billings

Martindale listing

[dmksioux]

It looks like UND has retained co-counsel from Salt Lake City. One has experience in anti-trust litigation.

Peter W. Billings

Martindale listing

I thought it was kind of interesting to read some of the clients that Fabian Law represents...Campbell soups, Hilton Hotels, and J.R. Simplot. They all have ties to UND/Grand Forks...There may be others in that list as well.

[jloos]

UND's reply brief is now available.

http://www.ag.state.nd.us/NCAA/UNDReplyMem...lInjunction.pdf

You can tell Tag Anderson wrote at least the beginning of the brief. They are going straight for the NCAA's throat. It looks like the AG's office brought in some pretty heavy litigators. I am sure the NCAA will do the same. None of the Salt Lake City guys are licensed in ND. I am not sure what ND's pro hac vice requirements are, but I am assuming it will not cover them for the entire litigation.

I highly doubt Janke will rule from the bench on this one. Typically when you request interim relief the Judge rules fairly quickly. However, given the issues, I doubt we will see a ruling until late next week at the earliest.

[UND92,96]

I highly doubt Janke will rule from the bench on this one. Typically when you request interim relief the Judge rules fairly quickly. However, given the issues, I doubt we will see a ruling until late next week at the earliest.

I can't disagree that it seems unlikely that a decision could be made as quickly as Friday given the complexity of the issues, but again, if it takes a week or more, even if Jahnke rules in favor of UND, it probably would be too late to be of any benefit in terms of this football season. I assume the a.g.'s office filed as quickly as they could, but in retrospect it certainly would have been nice if there was a bit more time between the hearing and the football playoff selections.

[Chewey]

Bravo UND! The Reply Brief was a very interesting read. The NCAA arguments are pretty weak, in my opinion. The NCAA brief relies heavily on obscure "policy" considerations and a lot of PR assertions that have no factual support and highly suspect legal support. One can sure tell that UND thought through the motions/arguments very thoroughly prior to initiating suit.

[mksioux]

None of the Salt Lake City guys are licensed in ND. I am not sure what ND's pro hac vice requirements are, but I am assuming it will not cover them for the entire litigation.

I don't believe there is anything in N.D.'s pro hac vice rules that would prohibit full representation for the duration of the case (even though the appeal -- where only an updated affidavit is required at that point).

[mksioux]

I highly doubt Janke will rule from the bench on this one. Typically when you request interim relief the Judge rules fairly quickly. However, given the issues, I doubt we will see a ruling until late next week at the earliest.

There must have been a telephone scheduling conference prior to the scheduling of the hearing -- and I'm sure the A.G. made the Judge well aware of the exigency of the circumstances. I'm sure the Judge and his law clerk have been doing the research in advance and will be well prepared for the hearing. I'd be surprised if there isn't at least a verbal order (or an abbreviated written order) before the football selection committee meets, which would be followed up by a detailed written order at a later date.

Having said that, if UND wins against USD on Saturday, they'd stay #2 in the regional ranking and get the first-round bye despite the current NCAA policy (the policy doesn't change rankings or byes -- it only applies to hosting games). That would give the Judge another week to get the injunction ordered before the 2nd round hosts are determined.

[Let'sGoHawks!]

UND reply looks really good to this non-legal mind. I'm impressed.

[BIGSIOUX]

i particularly liked page 21

[Goon]

I am not sure what ND's pro hac vice requirements are, but I am assuming it will not cover them for the entire litigation.

In case any are having trouble with some of this legal mumble jumble here it is:

What is Pro Hac Vice (PHV)?

Pro Hac Vice allows an attorney who is not a member of The State Bar of North Dakota appear in a pending North Dakota court proceeding. The attorney must be a member in good standing of and eligible to practice before any bar of the United States of America.

[Riverman]

I think our pal Mr. Brand and the NC$$ have way to many pots in the fire. Things that make you go hmmmm

Or this one.The NCAA is pretty busy these days

[PCM]

I did some sudo-reporting for USCHO in advance of the hearing tomorrow.

http://www.uscho.com/news/id,13026/NorthDa...rtThursday.html

I plan to attend the hearing and will file a story for USCHO sometime tomorrow night.

[Shawn-O]

I did some sudo-reporting for USCHO in advance of the hearing tomorrow.

http://www.uscho.com/news/id,13026/NorthDa...rtThursday.html

I plan to attend the hearing and will file a story for USCHO sometime tomorrow night.

Keep us in the loop

PCM jumpin' through hoops

to provide the scoop.

[Goon]

No one has mentioned this but on page 19 in the foot notes it says

_______________________________

For the reason set forth in its opening memorandum, the Spirit Lake Tribe Resolution

No. A05-01-041, which is still in effect, satisfies the Executive Committe's requirement that only on '"name sake' tribe consent ot UND's use of the Sioux name and imagery. The NCAA attempts to distinguish UND's situation from CMU's by stating that it "recieved no Resolutions or other official statements in opposition from Chippewa Tribes in connection with use of the name by CMU" (emphasis added) while not denying that it has been on actual notice that in fact five other Chippewa Tribes in Michigan actually do oppose CMU's use of the name, wihc UND pointed out ot the NCAA in its Nov. 4th 2005 memo. (Def. NCAA's Mem. Opp'n to Pl.'s Mot. for Prelim. Inj. at 41-42). The NCAA's disparate treatment of CMU and UND constitues bad faith.

I think this is a good point and will be one of the many things it will use to prove that the NCAA is not applying this policy evenly and honestly. Also it has been stated earlier that Utah has not held up its end of the deal to keep the nick name Utes.

Edited November 9, 2006 by Goon

[bincitysioux]

What time does the hearing start today?

[jloos]

There must have been a telephone scheduling conference prior to the scheduling of the hearing -- and I'm sure the A.G. made the Judge well aware of the exigency of the circumstances. I'm sure the Judge and his law clerk have been doing the research in advance and will be well prepared for the hearing. I'd be surprised if there isn't at least a verbal order (or an abbreviated written order) before the football selection committee meets, which would be followed up by a detailed written order at a later date.

Having said that, if UND wins against USD on Saturday, they'd stay #2 in the regional ranking and get the first-round bye despite the current NCAA policy (the policy doesn't change rankings or byes -- it only applies to hosting games). That would give the Judge another week to get the injunction ordered before the 2nd round hosts are determined.

In ND they typically only use scheduling conferences for trials, not motion hearings. They likely made an exception in this case, given the complex issues. I think Jahnke will give his ruling quick, but I still don't see him ruling from the bench. ND Courts are closed tomorrow for Veterans Day, so I would guess the earliest we see anything is next week.

His law clerk? This is North Dakota, the Judge's don't have their own law clerks. In GF I believe they have one paid law clerk for all of the judges.

I am curious of the appeal process if the Jahnke does order the injunction. ND must have some sort of expedited appeal process for such a situation.

[skateshattrick]

In ND they typically only use scheduling conferences for trials, not motion hearings. They likely made an exception in this case, given the complex issues. I think Jahnke will give his ruling quick, but I still don't see him ruling from the bench. ND Courts are closed tomorrow for Veterans Day, so I would guess the earliest we see anything is next week.

His law clerk? This is North Dakota, the Judge's don't have their own law clerks. In GF I believe they have one paid law clerk for all of the judges.

I am curious of the appeal process if the Jahnke does order the injunction. ND must have some sort of expedited appeal process for such a situation.

In all likelihood, it would be a supervisory writ or a writ of mandamus. The ND Supreme Court would have to accept the writ first.