Could UND fans sue the NCAA?

[The Sicatoka]

From "PLAINTIFF

[Goon]

Does anyone know if the NCAA has answered the charges yet? I haven't seen anything, I know they have twenty days right?

[Tommiejo]

Does anyone know if the NCAA has answered the charges yet? I haven't seen anything, I know they have twenty days right?

Hey Goon that makes two of us I haven't seen anything yet either. It would be nice if someone let's us know what's going on wouldn't it?

SIOUX FAN SINCE 1973

[siouxforeverbaby]

20 days is up on Thursday, so I would assume that we would hear something soon.

[PCM]

20 days is up on Thursday, so I would assume that we would hear something soon.

But was it 20 calendar days or 20 business days?

[UND92,96]

But was it 20 calendar days or 20 business days?

It's 20 calendar days, not including the day the defendant was actually served with the summons and complaint.

[Siouxmama]

It's 20 calendar days, not including the day the defendant was actually served with the summons and complaint.

Does that still make it Thursday?

[PCM]

Does that still make it Thursday?

Yes. If I'm counting correctly.

[Goon]

Yes. If I'm counting correctly.

Can we say that we are patiently waiting forth-coming response? I would assume that the NCAA being that its been so brazen on this issue will have some kind of a pontification ready on Thursday. I can

[PCM]

Here's what the summons dated Oct. 6 says:

You are hereby summoned and required to appear and defend against the Complaint in this action, which is herewith served upon you, by serving upon the undersigned an Answer or other proper response within twenty (20) days after service, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the Complaint.

[SiouxMeNow]

Can we say that we are patiently waiting forth-coming response? I would assume that the NCAA being that its been so brazen on this issue will have some kind of a pontification ready on Thursday. I can

[bincitysioux]

If student-athlete is a third-party, why aren't UND fans or even the citizens of Grand Forks, or North Dakota, "third-party beneficiar(ies)" in this matter?

We've been damaged already because we won't have the chance to host or see (from the "COMPLAINT"):

I'll be damaged.

My wife has painted 10 ft. Fighting Sioux logos both in my home office and in my farm-shop. If UND is forced to change the name, is the NCAA gonna buy my wife new paint and pay her for her time?

[Sioux-cia]

So what happens next? They respond and a hearing date is set? What kind of a timeline would there be on that? (Thinking of potential football playoffs here)

An injunction was also requested. If granted, we can have the playoffs here.

[Goon]

My wife has painted 10 ft. Fighting Sioux logos both in my home office and in my farm-shop. If UND is forced to change the name, is the NCAA gonna buy my wife new paint and pay her for her time?

Now that is funny.

[jloos]

Sioux fans would not have standing to sue the NCAA. You could make an argument for third party beneficiary, but a fan would not have close enough ties to the contract to do so. You must show exactly how you were personally injured.

(1) plaintiffs must suffer some threatened or actual injury resulting from the putatively illegal action, and (2)the asserted harm must not be a generalized grievance shared by all or a large class of citizens, i.e., plaintiffs generally must assert their own legal rights and interests and cannot rest their claim for relief on the legal rights and interests of third parties.

The 20 days is 20 calender days from the day of service. We (at least I) have not seen what day the NCAA was formally served. I would assume it was pretty close to the 6th.

The injunction requested was brought under N.D.R.Ct. 3.2 and the NCAA has 10 days to request a hearing or submit a brief. However, this is 10 business days. Generally in ND anything under 11 days is business days and over 11 days is calender days. They do things like this to make lawyers look smart and keep us in business.