UPDATE JUNE 21, 2024:
A motion to dismiss FSU's lawsuit against the Atlantic Coast Conference has been denied for 5 counts.
Leon County Judge, sent the to legal teams for both the ACC and FSU via email Friday before noon.
SEE BELOW: ABC 27 Obtains copy of email, outlining Judge Cooper's ruling.
Counsel, the following is my ruling on the remaining portions of the ACC Motion to Dismiss and the ACC Motion to Stay Discovery (filed on March 11, 2024) on which rulings were not announced at the last hearing:
My notes indicate that the last Count ruled on was a denial of the Motion to Dismiss Count III. As to the remaining Counts, the Motion to Dismiss is denied as to Counts IV, V, VI,VIII, and IX. There is no ruling as to Count VII since no portion of the Motion to Dismiss was directed to that Count. The Second Amended Complaint shall be answered within 20 days of the date of the order. Plaintiff's counsel is directed to draft the order.
As to the Motion to Stay Discovery, my ruling is:
ACC filed a Motion to Stay Discovery on March 11, 2024. On May 13, 2024, this Court granted the Motion to Stay Discovery "until such time as any motion by the ACC directed to FSU's second amended complaint is heard and decided by the Court." Since the ACC's Motion to Dismiss has been decided, the March 11, 2024, ACC Motion to Stay Discovery is hereby denied and discovery may continue. Any pending request for discovery must be responded to within 30 days of the date of this order. Plaintiff's counsel is directed to draft the order on this issue.
ORIGINAL STORY:
- The Atlantic Coast Conference's motion to dismiss Florida State University's lawsuit against the conference has been denied on three different counts.
- The ACC argued that the case should not be heard in Florida, because they have no business ties there.
- Watch as FSU argued that the case should be heard in Florida, because the games in question are played there.
BROADCAST TRANSCRIPT:
After three days in court over two months: the ACC's motion to dismiss FSU's lawsuit has been denied on three different counts.
The ACC's legal team argued that the ACC has no business ties in Florida, and that's why it's not a Florida case.
"As the court is well aware, the ACC grant of rights and the ACC constitution are governed by North Carolina law and those are in the end the core questions before this court," says Paul Huck, ACC Lawyer.
The grant of rights agreement allows the ACC to sell broadcast rights of FSU home games to networks like ESPN.
Florida State's legal team argued that since those games are played in the State of Florida —
"It is Florida property, it is Florida content, it is Florida media rights, it is Florida constitutional law. Florida may be the only place on Earth that this matter can get litigated, " says Peter Rush, FSU lawyer.
Judge John C. Cooper ultimately agreed, ruling that FSU's lawsuit against the ACC can be heard in Florida.
"I find that the complaint sufficiently alleges, and the affidavits do not sufficiently dispute that ACC is in the business of exercising FSU media rights for FSU home games."
For FSU, the university is a little closer to possibly leaving the ACC.
It's been six months since the Board of Trustees made that their clear objective in its initial lawsuit.
The ACC filed its own suit against FSU the day before, alleging breach of contract.
FSU tried to get that thrown out, but the case was upheld.
The university is now asking the North Carolina Supreme Court to review that ruling.
This means there are now simultaneous cases in Florida and North Carolina between both parties.
