Mark Emmert

NCAA requests that O’Bannon lawsuit be delayed 15 months

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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.

Carter leads No. 2 Maryland past Cleveland State, 80-63

Melo Trimble
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COLLEGE PARK, Md. (AP) Robert Carter had 17 points and eight rebounds to help No. 2 Maryland beat Cleveland State 80-63 on Saturday night.

Jared Nickens added 16 points, and freshman Diamond Stone had a season-high 15 points for Maryland (6-0), set for a showdown with No. 9 North Carolina in the ACC/Big Ten Challenge on Tuesday night.

Demonte Flannigan scored 11 of his 20 points in the first half, and Rob Edwards added 14 points for Cleveland State (2-4), which was 3 of 12 (25 percent) from 3-point range. Vinny Zollo went 5 of 7 from the field and had 11 points for the Vikings.

Maryland led by just four at the break and took control by increasing the pressure to open the second half. A dunk by Stone capped an 8-0 run and the Terrapins led 45-33 with 17:06 left.

From there, the Terps used their size and depth to wear down the Vikings, who could not get closer than nine points the rest of the way. Nickens and Jake Layman hit 3-pointers and Maryland opened a 64-49 lead with 7:43 remaining.

The 6-foot-7 Flannagan picked up his fourth foul with just under 10 minutes left, hampering the Vikings at both ends of the court. A putback by Nickens and a pair of free throws boosted Terrapins’ margin to 70-53 with 5:18 left and they were never threatened the rest of the way.

Maryland was 15 of 18 from the free-throw line and had a 27-22 rebounding edge.

Maryland could not shake Cleveland State in the opening half and a jumper by Kenny Carpenter gave the Vikings their first lead, 25-24, with 8:03 left. Nickens responded with three straight 3-pointers that helped the Terps take a 37-33 lead at halftime

Maryland shot 14 of 23 (60.9 percent) in the opening half.


Cleveland State: The Vikings also lost their only other matchup against the Terrapins, 95-84, on Dec. 5 1984. … Maryland was Cleveland State highest-ranked opponent since Nov. 26, 1999, when it lost to No. 1 Cincinnati, 90-56.

Maryland: The Terrapins won their 29th consecutive game at home against an unranked team. … Maryland extended its winning streak in November to 16 games, having not lost since Nov. 17, 2013, against Oregon State (90-83).


Cleveland State is at Toledo on Wednesday night.

Maryland plays at No. 9 North Carolina on Tuesday night in the ACC/Big Ten Challenge.

PREGAME SHOOTAROUND: Kris Dunn vs. Denzel Valentine; Two 6-0 teams from Ohio battle in Orlando

Kris Dunn
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GAME OF THE DAY: No. 3 Michigan State vs. Providence, 9:00 p.m. (ESPN2)

Two Player of the Year candidates lock horns on Sunday night as Michigan State senior Denzel Valentine battles Providence’s Kris Dunn. Both players are strong threats to record a triple-double each time they take the floor and both are key reasons why their teams are 6-0. The Friars could probably use this game a bit more than Michigan State since they enter this game unranked and could use another confidence-boosting win for a team filled with newer players. As for the Spartans, winning the Wooden Legacy would mean another great accomplishment before December even started for a team that has national title aspirations.

THIS ONE’S GOOD TOO: No. 23 Xavier vs. Dayton, 3:30 p.m. (ESPN2)

These two 6-0 teams from Ohio will meet in Orlando in the championship game of the AdvoCare Invitational. The Musketeers have six different players averaging at least 9.7 points per game this season as they’ve received great balance on the offensive end. As for Dayton, Charles Cooke as emerged as a go-to player early this season while guard Scoochie Smith has also been outstanding. This will be the first time these two schools have played since Feb. 16, 2013.


  • One of the fun teams to watch this week has been Monmouth and their amusing end-of-bench antics. On the floor, the Hawks knocked off Notre Dame and gave Dayton a scare and they’ll face USC for the second time this season to close out the AdvoCare Invitational. The Trojans won the first one 101-90, but this is a 12:30 p.m. EST tip, so that could benefit Monmouth the second time around.
  • Wisconsin visiting No. 7 Oklahoma is an intriguing Sunday matchup. The Badgers could certainly use a true road win here as they’re off to a 4-2 start. The Sooners get more of a real test after only playing Memphis as a notable opponent their first three games.
  • Also going on in the AdvoCare Invitational is No. 20 Wichita State facing Iowa and No. 17 Notre Dame battling Alabama. The Shockers are going without senior starters Fred Van Vleet and Anton Grady as they try to escape Orlando with a win. Notre Dame is hoping to close out the event strong after its surprising upset to Monmouth.
  • Action also continues in Anaheim at the Wooden Legacy as No. 11 Arizona will take on Boise State, while Boston College plays Santa Clara and UC Irvine faces Evansville. Arizona will look to get back on the right track after the close loss to Providence in the semifinals.
  • No. 6 Duke gets an afternoon tilt with Utah State at home before they face Indiana during the week. It’ll be interesting to see if Blue Devil freshman wing Brandon Ingram keeps his strong play going from earlier in the week.
  • UCLA returns home and could badly use a win against Cal State Northridge. The Bruins went a disappointing 1-2 in the Maui Invitational and need to get back on the right track before the face No. 1 Kentucky next week.


  • Brown vs. No. 25 SMU, 2:00 p.m. (ESPN3)


  • Jackson State at Marquette, 12:30 p.m.
  • Rider at Rhode Island, 1:00 p.m.
  • Savannah State at South Florida, 1:00 p.m. (ESPN3)
  • South Carolina State at Kansas State, 2:00 p.m. (ESPN3)
  • Northern Colorado at Colorado, 2:00 p.m. (PAC12)
  • UC Santa Barbara at Arizona State, 4:00 p.m. (PAC12)