Court Hearing

[sioux7>5]

Is anyone going to the hearing on Thursday? Is it open to the public? Living in Minneapolis what is going to happen and how we will be able to get that news.

Thanks

[mksioux]

Yes, it will be open to the public.

There may or may not be a ruling on Thursday. The Judge could take it under advisement and rule by written order on Friday (but hopefully not later than Friday given the selection committee meeting taking place early next week).

Once there is a ruling, I suspect the Herald and Forum will post it on their website in short order.

[UND92,96]

Yes, it will be open to the public.

There may or may not be a ruling on Thursday. The Judge could take it under advisement and rule by written order on Friday (but hopefully not later than Friday given the selection committee meeting taking place early next week).

Once there is a ruling, I suspect the Herald and Forum will post it on their website in short order.

The committees will likely meet Saturday night, as the selections are announced on Sunday. If there's not a ruling by Friday, it may be too late, at least for the first round. However, if UND wins on Saturday, it would be nearly assured of no worse than a number 2 seed, which means a first round bye.

[mksioux]

The committees will likely meet Saturday night, as the selections are announced on Sunday. If there's not a ruling by Friday, it may be too late, at least for the first round. However, if UND wins on Saturday, it would be nearly assured of no worse than a number 2 seed, which means a first round bye.

My bad. Let's hope there's a ruling by Friday then.

[siouxforeverbaby]

would Friday being a holiday affect when they make the decision?

[ChicagoSiouxFan]

What time is the hearing on Thursday?

[sioux7>5]

What time is the hearing on Thursday?

I think the hearing is scheduled to be from 10am-5pm on Thursday. I just hope the judge is smart enough to grant an injuction asap.

[mksioux]

would Friday being a holiday affect when they make the decision?

I forgot about the holiday (sorry veterans). You're right, that would probably preclude a Friday ruling date. I hope that means the Judge (and his law clerk) have been doing their research ahead of time and will be prepared to rule from the bench on Thursday. I suspect that will be the case.

[The Sicatoka]

I just hope the judge is smart enough to grant an injuction asap.

(to be fair) ... if he decides UND's case merits it.

[Diggler]

Why wouldn't UND get an injunction on Thursday? At the very least they present a decent case and you'd think that they would therefore get the injunction. There doesn't seem like there would be that much you'd have to consider for that. I'm probably wrong though.

[The Sicatoka]

Why wouldn't UND get an injunction on Thursday?

Nothing is a given until is it completed.

Just ask Kellen Briggs, or Tyler McGregor.

[UNDPUCKS]

Why doesn't anybody think this won't be removed to federal court??

[Smoggy]

The committees will likely meet Saturday night, as the selections are announced on Sunday. If there's not a ruling by Friday, it may be too late, at least for the first round. However, if UND wins on Saturday, it would be nearly assured of no worse than a number 2 seed, which means a first round bye.

Could the committee set the game that UND is in but leave the site TBD?

[johnsowe]

It doesn't matter if we get the injuction because the NCAA will find a way to not have a UND home game.

[sioux7>5]

It doesn't matter if we get the injuction because the NCAA will find a way to not have a UND home game.

If the NCAA does that then they in my opinion give UND more ammunition(spelling) because UND can show damages and it has a more tangible feel to it. If the injunction is granted then the NCAA needs to treat UND the same as any other school untill it is decided in court. If they would find a way not to give the Sioux homefield then it just strenghtens UND's case. That is just my opinion I could be wrong.

[mksioux]

Why doesn't anybody think this won't be removed to federal court??

This question has also been bugging me for a while now.

I suspect the simple answer is "Because they probably would have done it already." A notice of removal must be filed within 30 days after after receipt of the pleadings by the defendant. I believe the NCAA should have received the pleadings on October 6 and the 30 day deadline has passed.

And the more I think about it, the NCAA may not have had grounds to remove to federal court. North Dakota drafted the complaint to avoid federal subject matter jurisdiction. While I thought diversity jurisdiction was a no-brainer, it may be that an association like the NCAA is treated like partnership for purposes of diversity jurisdiction. That is, the NCAA has partners that reside in North Dakota and that breaks diversity jurisdiction. I'm not really sure, but it seems to me that the NCAA would have already removed it to federal court if they had grounds to do so.

[ScottM]

While I thought diversity jurisdiction was a no-brainer, it may be that an association like the NCAA is treated like partnership for purposes of diversity jurisdiction. That is, the NCAA has partners that reside in North Dakota and that breaks diversity jurisdiction. I'm not really sure, but it seems to me that the NCAA would have already removed it to federal court if they had grounds to do so.

Good point. However, I also know that associations are also incorporated or chartered in a given jurisdiction for regulatory and tax purposes, so diversity *may* not be an issue. Then again, I haven't seen fit to wander down the hall and bother our litigation department about those musty rules I forgot after I took the Bar.

I wonder if the NC$$ is more concerned about losing in a federal court, or the 8th Circuit, and creating a federal precedent. If the NC$$ lost in GF County, they might have the impetus to settle before the case was published or went to the ND Supreme Court. As well, few other courts will view a local judgment as having much authority in their state(s). Once it hits the federal courts, even if unpublished, it can be used for authority in a number of other courts and contexts, and the horse has left the barn.

Therefore, the State will need to brush up on its enforcement of judgments rules, if the NC$$ loses and elects not to appeal to the ND Supremes.

[Goon]

Good point. However, I also know that associations are also incorporated or chartered in a given jurisdiction for regulatory and tax purposes, so diversity *may* not be an issue. Then again, I haven't seen fit to wander down the hall and bother our litigation department about those musty rules I forgot after I took the Bar.

I wonder if the NC$$ is more concerned about losing in a federal court, or the 8th Circuit, and creating a federal precedent. If the NC$$ lost in GF County, they might have the impetus to settle before the case was published or went to the ND Supreme Court. As well, few other courts will view a local judgment as having much authority in their state(s). Once it hits the federal courts, even if unpublished, it can be used for authority in a number of other courts and contexts, and the horse has left the barn.

Therefore, the State will need to brush up on its enforcement of judgments rules, if the NC$$ loses and elects not to appeal to the ND Supremes.

ScottM your not by chance a lawyer too? I was thinking you would have to be to make head or tails of all this legal stuff. Yikes. It makes sense though if the NCAA loses their case in Federal Court they will look like the chumps many of us think they are already. Then that sets them up to be sued by everyone that has been wronged by this flawed policy.

[Sioux Traveler]

I don't think we lose this battle, but if we did I say we are renamed the Fighting Fockers.

No. 9. Focker DR1 Triplane

Perhaps the classic World War I fighter, noted for the successes chalked up by Baron Manfred von Richthofen better known as the Red Baron. Single-winged fighters were still in their infancy during World War I, biplanes were the design of choice as they could take the harsh gravitational forces of aerial combat. But if two wings were good, engineers reasoned that three should make the DR1 even better, and they were right. The extra wing allowed the plane to climb higher and to climb faster.

When the DR1 was rolled out in 1917 it wasn't just the superb wings and the top speed pf 115mph that made it an awesome fighter, it also had machine guns that fired through the propellor arc, a revolutionary World War I innovation.

http://www.mymultiplesclerosis.co.uk/great...hterplanes.html

[Goon]

It doesn't matter if we get the injuction because the NCAA will find a way to not have a UND home game.

I we get an injuction the NCAA can't legally unless they want to lose more money.

I am not a lawyer and I at least know they can't do that.

[mksioux]

It doesn't matter if we get the injuction because the NCAA will find a way to not have a UND home game.

The NCAA could risk being held in contempt of court if they do that.

I agree on more subjective things like hockey regionals, though, the NCAA will find a way to make sure Engelstad Arena doesn't host, even if there is an injunction.

[HockeyMom]

I don't think we lose this battle, but if we did I say we are renamed the Fighting Fockers.

No. 9. Focker DR1 Triplane

Perhaps the classic World War I fighter, noted for the successes chalked up by Baron Manfred von Richthofen better known as the Red Baron. Single-winged fighters were still in their infancy during World War I, biplanes were the design of choice as they could take the harsh gravitational forces of aerial combat. But if two wings were good, engineers reasoned that three should make the DR1 even better, and they were right. The extra wing allowed the plane to climb higher and to climb faster.

When the DR1 was rolled out in 1917 it wasn't just the superb wings and the top speed pf 115mph that made it an awesome fighter, it also had machine guns that fired through the propellor arc, a revolutionary World War I innovation.

http://www.mymultiplesclerosis.co.uk/great...hterplanes.html

The fuselage of one was in Hatton several years back in a semi trailer...and while I was walking through it with my boss at the time, I asked him how you pronounced it.....and he said the word like 6 or 7 times before he realized that I was laughing at him swearing.

[WiSioux]

I heard from a customer at work this morning that when she drove past the courthouse there were people "protesting" with signs that said "Thank you NCAA"... she said that there was a fair number of people

[UND92,96]

I heard from a customer at work this morning that when she drove past the courthouse there were people "protesting" with signs that said "Thank you NCAA"... she said that there was a fair number of people

Whenever there's a chance of a camera being around, those same few dozen people will show up. I highly doubt any of them even understands exactly what the NCAA ruling was. As if it really makes any difference to these people whether UND plays at home or on the road in the playoffs?

[Chewey]

I heard from a customer at work this morning that when she drove past the courthouse there were people "protesting" with signs that said "Thank you NCAA"... she said that there was a fair number of people

It's probably the same old usual suspects that the good people of NOrth Dakota are paying to teach at the university. As to the non-"educators" who may be in the coven, without a job one can become either a bum or a protester. If I had the pleasure of choosing company, I'd choose the bum.