State of Tennessee et al v. National Collegiate Athletic Association
| State of Tennessee, Commonwealth of Virgina and Commonwealth of Virginia |
| National Collegiate Athletic Association |
| 3:2024cv00033 |
| January 31, 2024 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Jill E McCook |
| Debra C Poplin |
| Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| None |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 49 JOINT STIPULATION REQUESTING EXTENSION OF TIME TO RESPOND re #1 Complaint filed by Commonwealth of Virginia, State of Tennessee. Defendant will have until 5/1/24, to answer or respond to the Complaint. Signed by Magistrate Judge Debra C Poplin on 3/26/24. (ABF) |
| Filing 48 STIPULATION for Extension of Time to Respond by National Collegiate Athletic Association. (Attachments: #1 Agreed Order)(Kilaru, Rakesh) |
Filing 47
MEMORANDUM OPINION AND ORDER granting #2 Motion for Preliminary Injunction. For the reasons provided herein, Plaintiffs' Motion for Preliminary Injunction [Doc. 2] is GRANTED. It is hereby ORDERED that, effective immediately, Defendant NCAA; its servants, agents, and employees; and all persons in active concert or participation with the NCAA, are restrained and enjoined from enforcing the NCAA Interim NIL Policy, the NCAA Bylaws, or any other authority to the extent such authority prohibits student-athletes from negotiating compensation for NIL with any third-party entity, including but not limited to boosters or a collective of boosters, until a full and final decision on the merits in the instant action. It is further ORDERED that, effective immediately, the NCAA is restrained and enjoined from enforcing the Rule of Restitution (NCAA Bylaw 12.11.4.2) as applied to the foregoing NIL activities until a full and final decision on the merits in the instant action. Signed by District Judge Clifton L Corker on 2/23/2024. (JCK)
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| Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 13, 2024, before Judge Corker. Court Reporter/Transcriber Karen Bradley, Telephone number (423)639-3918. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/8/2024. Redacted Transcript Deadline set for 3/18/2024. Release of Transcript Restriction set for 5/16/2024. (KJB) |
| Filing 45 Minute Entry for proceedings held before District Judge Clifton L Corker: Motion Hearing held on 2/13/2024 re #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction filed by Commonwealth of Virginia, State of Tennessee. Oral argument heard. Order to enter. (Court Reporter Karen Bradley) (KDO) |
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Filing 44
ORDER granting #38 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to Ethan Bowers, State of Tennessee, Office of Attorney General, PO Box 20207, Nashville, TN 37202-0207 (ABF).
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Filing 43
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to Thomas R McCarthy, Consovoy McCarthy Park PLLC, 3303 Wilson Boulevard, Suite 700, Arlington, VA 22201 (ABF).
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Filing 42
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to David L Rosenthal, Consovoy McCarthy PLLC, 1600 Wilson Blvd, Suite 700, Arlington, VA 22209 (ABF).
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Filing 41
ORDER granting #33 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to Patrick Strawbridge, Consovoy McCarthy PLLC, Ten Post Office Square, 8th FL South PMB #706, Boston, MA 02109 (ABF).
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Filing 40
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to Tyler Corcoran, State of Tennessee, Office of Attorney General, PO Box 20207, Nashville, TN 37202-0207 (ABF).
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Filing 39
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/13/2024 to indicate c/m to Marilyn Guirguis, State of Tennessee, Office of Attorney General, PO Box 20207, Nashville, TN 37202-0207 (ABF).
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| Filing 38 MOTION for Leave to Appear Pro Hac Vice for Scott Ethan Bowers (Filing fee $ 90.00 receipt number 200000904) by State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) |
| Clerk's Verification of PHV Requirements is complete for Scott Ethan Bowers regarding document: #38 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number 200000904) filed by State of Tennessee (CAT) |
| Clerk's Verification of PHV Requirements is complete for Patrick Strawbridge, David Rosenthal, and Thomas McCarthy regarding document: #33 MOTION for Leave to Appear Pro Hac Vice for Patrick Strawbridge (Filing fee $ 90.00 receipt number 200000907) filed by Commonwealth of Virginia, State of Tennessee, #35 MOTION for Leave to Appear Pro Hac Vice Thomas McCarthy (Filing fee $ 90.00 receipt number 200000907) filed by Commonwealth of Virginia, State of Tennessee, #34 MOTION for Leave to Appear Pro Hac Vice for David Rosenthal (Filing fee $ 90.00 receipt number 200000907) filed by Commonwealth of Virginia, State of Tennessee (CAT) |
| Filing 37 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction by National Collegiate Athletic Association filed by National Collegiate Athletic Association. (Attachments: #1 Supplement to Brief of the NCAA in Opposition to Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit 1 to Supp. Br., Opposition to Class Certification, #3 Exhibit 2 to Supp. Br., Supplemental Declaration of Geoff Silver, #4 Exhibit A to Silver Supp. Decl., #5 Exhibit B to Silver Supp. Decl.)(Boston, Robert) |
| Filing 36 NOTICE of Deficiency (Pro Hac). Pro Hac motions have been filed for Attorneys David Rosenthal, Patrick Strawbridge, and Thomas McCarthy. However, the following action is required in order for the motions to be considered. The $90.00 filing fee must be paid. (Copy of Notice mailed to attorneys Rosenthal, Strawbridge, and McCarthy) (CAT) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice for Thomas McCarthy (Filing fee $ 90.00 receipt number 200000907 ) by Commonwealth of Virginia, State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) Modified to reflect payment made on 2/12/2024 (CAT). |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice for David Rosenthal (Filing fee $ 90.00 receipt number 200000907 ) by Commonwealth of Virginia, State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) Modified to reflect payment made on 2/12/2024 (CAT). |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice for Patrick Strawbridge (Filing fee $ 90.00 receipt number 200000907 ) by Commonwealth of Virginia, State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) Modified to reflect payment made on 2/12/2024 (CAT). |
| Filing 32 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction by State of Tennessee, Commonwealth of Virgina filed by State of Tennessee, Commonwealth of Virgina. (Attachments: #1 Affidavit Supp. Schwarz Decl., #2 Affidavit Heupel Decl.)(Norris, Cameron) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice for Tyler Corcoran (Filing fee $ 90.00 receipt number 200000902) by State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice for Marilyn Guirguis (Filing fee $ 90.00 receipt number 200000903) by State of Tennessee. (Attachments: #1 Certificate of Good Standing) (CAT) |
| Clerk's Verification of PHV Requirements is complete for Marilyn Guirguis and Tyler Corcoran regarding document: #30 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number 200000903) filed by State of Tennessee, #31 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number 200000902) filed by State of Tennessee (CAT) |
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Filing 29
MEMORANDUM OPINION AND ORDER denying #2 Motion for Temporary Restraining Order. (See order for details). Signed by District Judge Clifton L Corker on 2/6/24. (KSH)
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| Filing 28 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction filed by Commonwealth of Virgina, State of Tennessee. (Norris, Cameron) |
| Filing 27 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction filed by National Collegiate Athletic Association. (Attachments: #1 Exhibit 1 - Declaration of Taylor Askew, #2 Exhibit A to Askew Decl. - Declaration of Geoff Silver, #3 Exhibit 1 to Silver Decl., #4 Exhibit 2 to Silver Decl., #5 Exhibit B to Askew Decl., #6 Exhibit C to Askew Decl., #7 Exhibit D to Askew Decl., #8 Exhibit E to Askew Decl., #9 Exhibit F to Askew Decl., #10 Exhibit G to Askew Decl., #11 Exhibit H to Askew Decl., #12 Exhibit I to Askew Decl., #13 Exhibit J to Askew Decl., #14 Exhibit K to Askew Decl., #15 Exhibit L to Askew Decl., #16 Exhibit M to Askew Decl., #17 Exhibit 2 - Declaration of Rakesh Kilaru)(Boston, Robert) |
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Filing 26
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/02/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/5/2024 to indicate c/m to Rakesh N Kilaru, Wilkinson Stekloff, LLP, 2001 M Street NW, 10th floor Washington, DC 20036 (ABF).
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Filing 25
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/02/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/5/2024 to indicate c/m to Tyler T Henry, Commonwealth of Virginia Office of the Attorney General, 204 Abingdon Place, Abingdon, VA 24211 (ABF).
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Filing 24
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/02/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/5/2024 to indicate c/m to Jonathan M Harrison , II, Commonwealth of Virginia Office of the Attorney General, 204 Abingdon Place, Abingdon, VA 24211 (ABF).
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Filing 23
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/02/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 2/5/2024 to indicate c/m to Taylor Askew, Holland & Knight, LLP (TN), 511 Union Street, Suite 2700, Nashville, TN 37219 (ABF).
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Filing 22
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/02/2024. This entry constitutes the complete Order of the Court. (HSN)
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| Filing 21 WAIVER OF SERVICE Returned Executed by State of Tennessee, Commonwealth of Virgina. National Collegiate Athletic Association waiver sent on 2/1/2024. (Norris, Cameron) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice for Rakesh N. Kilaru ( Filing fee $ 90 receipt number ATNEDC-5585450.) by National Collegiate Athletic Association. (Attachments: #1 Supplement District of Maryland Certificate of Good Standing)(Boston, Robert) |
| Filing 19 MOTION for Tyler Henry to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300003180.) by Commonwealth of Virgina. (ABF) |
| Filing 18 MOTION for Jonathan Harrison to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300003180.) by Commonwealth of Virgina. (ABF) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice of Taylor Askew ( Filing fee $ 90 receipt number ATNEDC-5585103.) by National Collegiate Athletic Association. (Attachments: #1 Certificate of Good Standing - Western District)(Boston, Robert) |
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Filing 16
ORDER Setting Hearing on Motion #2 MOTION for Temporary Restraining Order COMBINED WITH MOTION for Preliminary Injunction : Defendant National Collegiate Athletic Association shall file a response to Plaintiffs motion for a temporary restraining order on or before Saturday, February 3, 2024, at 6:00 p.m. EST, and Plaintiffs shall file a reply on or before Sunday, February 4, 2024, at 6:00 p.m. EST. It is further ORDERED that a preliminary injunction hearing shall be held on February 13, 2024, at 9:00 a.m. EST at the James H. Quillen Courthouse in Greeneville, Tennessee, Courtroom 420. Signed by District Judge Clifton L Corker on 2/2/24. (KDO)
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| Clerk's Verification of PHV Requirements is complete regarding document: #17 MOTION for Leave to Appear Pro Hac Vice of Taylor Askew ( Filing fee $ 90 receipt number ATNEDC-5585103.) filed by National Collegiate Athletic Association (ABF) |
| Clerk's Verification of PHV Requirements is complete regarding document: #20 MOTION for Leave to Appear Pro Hac Vice for Rakesh N. Kilaru ( Filing fee $ 90 receipt number ATNEDC-5585450.) filed by National Collegiate Athletic Association (ABF) |
| Clerk's Verification of PHV Requirements is complete regarding document: #19 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Virgina, #18 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Commonwealth of Virgina (ABF) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice of David Zeitlin by National Collegiate Athletic Association. (Attachments: #1 Certificate of Good Standing)(Boston, Robert) Modified on 2/1/2024 - Attorney is pending admission, no fee required (ABF). |
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Filing 14
ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on 2/1/24. (CNC) Mailed to all non-ECF attorneys (CNC)
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| Filing 13 AFFIDAVIT Lampley Decl. by Commonwealth of Virgina, State of Tennessee. (Norris, Cameron) |
| Clerk's Verification of PHV Requirements is complete regarding document: #15 MOTION for Leave to Appear Pro Hac Vice of David Zeitlin filed by National Collegiate Athletic Association (ABF) |
| NOTICE of Hearing: Telephonic Scheduling Conference set for 2/1/2024 at 4:30 PM before District Judge Clifton L Corker. Call in information will circulated to the parties. (CAT) |
| Filing 12 NOTICE of Appearance by Robert E Boston on behalf of National Collegiate Athletic Association (Boston, Robert) |
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Filing 11
ORDER OF RECUSAL.Signed by Magistrate Judge Jill E McCook on 1/31/24. (c/m to all non-ECF filers)(ABF)
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| Filing 10 NOTICE of Deficiency (Pro Hac) to Jonathan M. Harrison, II and Tyler T. Henry: Attorney is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (c/m to Jonathan M. Harrison, II and Tyler T. Henry) (ABF) |
| Filing 9 NOTICE of Deficiency (Pro Hac) to Ethan Bowers, Marilyn Guirguis and Tyler Corcoran: Attorney is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (c/m to Ethan Bowers, Marilyn Guirguis and Tyler Corcoran) (ABF) |
| Filing 8 NOTICE of Deficiency (Pro Hac) to David Rosenthal, Patrick Strawbridge and Thomas R. McCarthy: Attorney is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (c/m to David Rosenthal, Patrick Strawbridge and Thomas R. McCarthy) (ABF) |
| Filing 7 Summons Issued as to National Collegiate Athletic Association. (KMK) |
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Filing 6
Order Governing Sealing Confidential Information - Signed by District Judge Clifton L Corker on 1/31/2024. (KMK)
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Filing 5
Order Governing Motions To Dismiss - Signed by District Judge Clifton L Corker on 1/31/2024. (KMK)
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Filing 4
Order Governing Depositions - Signed by District Judge Clifton L Corker on 1/31/2024. (KMK)
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| Filing 3 NOTICE of Appearance by Adam K Mortara on behalf of State of Tennessee (Mortara, Adam) |
| Filing 2 MOTION for Temporary Restraining Order COMBINED WITH, MOTION for Preliminary Injunction by Commonwealth of Virgina, State of Tennessee. (Attachments: #1 Other Memorandum ISO Motion for TRO and PI, #2 Exhibit Norris Authenticating Decl., #3 Exhibit A - White Decl., #4 Exhibit B - Clawson Decl., #5 Exhibit C - Schwarz Decl., #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U)(Norris, Cameron) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number BTNEDC-5581768.), filed by State of Tennessee, Commonwealth of Virgina. (Attachments: #1 Other Civil Cover Sheet, #2 Summons)(Norris, Cameron) |
| District Judge Clifton L Corker and Magistrate Judge Jill E McCook added. (KMK) |
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