The NCAA has made multiple attempts to delay the start of the Ed O’Bannon lawsuit, with the most recent request being to have the trial delayed until February 2015. A ruling in the NCAA’s favor would allow that suit to run at the same time as the lawsuit filed by Sam Keller regarding the use of player likenesses in video games, giving the NCAA more time to strengthen its arguments in the O’Bannon suit.
However Friday afternoon it was reported by Steve Berkowitz of USA Today that Judge Claudia Wilken denied the NCAA’s remaining motions, meaning that the O’Bannon lawsuit will begin as scheduled on June 9. Also of note from the report is the fact that Wilken formally separated the O’Bannon and Keller lawsuits, setting a March 2015 start date for the latter.
And there was also a development regarding the plaintiffs’ usage of evidence related to video games:
In another part of her ruling — one that is key to the shape and direction of the O’Bannon trial — Wilken refused the NCAA’s request that she sever all evidence and claims related to video games from the case. That likely will enable the O’Bannon plaintiffs to make arguments, cite documents and ask witnesses about the NCAAs’ dealings with video game manufacturer Electronic Arts and Collegiate Licensing Co., the nation’s leading collegiate trademark licensing and marketing firm.
While these developments aren’t good for the NCAA, the lone defendant in the O’Bannon lawsuit, representatives stated that in spite of Friday’s rulings they’ll be ready for the start of the trial on June 9.