Motion to dismiss

[OrediggerPoke]

I think most understand the differences between poaching and exit fees and market valuations. The latter being the hardest to pin down.

What do you think the market valuation for damages will be? If I missed it, my apologies.

I don’t have the evidence. Discovery hasn’t even started so the parties don’t even have all of the evidence. Accordingly, any fan throwing out numbers is just doing that (ie pulling it out of their ass) without the benefit of the actual evidence.

I presume the calculation will include projected losses in media revenues, projected losses in post season allocations, projected increased travel costs, etc…along with the dollars owed to UNLV and Air Force which were necessary to ensure the continued viability of the MWC.

 

[PorkerPoke]

Whatever this means from the court:

Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Related [+] Redaction Request due 10/6/2025. Redacted Transcript Deadline set for 10/15/2025. Release of Transcript Restriction set for 12/15/2025. (Jauregui, Tara)

Will there be anything on the motion to dismiss before sometime in October?

 

[McPeachy]

Whatever this means from the court:

Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Related [+] Redaction Request due 10/6/2025. Redacted Transcript Deadline set for 10/15/2025. Release of Transcript Restriction set for 12/15/2025. (Jauregui, Tara)

Will there be anything on the motion to dismiss before sometime in October?

Sounds like a lawyer's game at this point...the longer they drag it on, the more they profit. All about the billable "hour" you know.

 

[OrediggerPoke]

Whatever this means from the court:

Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Related [+] Redaction Request due 10/6/2025. Redacted Transcript Deadline set for 10/15/2025. Release of Transcript Restriction set for 12/15/2025. (Jauregui, Tara)

Will there be anything on the motion to dismiss before sometime in October?

This is normal. It’s discussing the process to acquire the transcript from the motion to dismiss hearing.

A written order on a motion to dismiss with that many legal arguments usually takes months after the oral argument . I’d be surprised if the order is out before December.

 

[Itsux2beaewe]

Geez, when are we going to see a ruling? Anyone hearing anything?

 

[OrediggerPoke]

Geez, when are we going to see a ruling? Anyone hearing anything?

I predicted December for the ruling on the Motion to Dismiss. Regardless, you will likely be severely underwhelmed in the MTD ruling because the 12b6 standard requires all facts asserted in the complaint to be construed in the light most favorable to the Plaintiff.

But don’t let that excite you too much, because within 14 days of the Court’s expected partial/full denial of the Motion to Dismiss, the Mountain West must file its answer which officially starts the discovery process. The discovery process is typically a 1-2 year process (when settlement is not reached) that often culminates in Motion for Summary Judgment filings that are then argued and ruled upon. Following rulings on Summary Judgment, trial is typically a few months after. All of this would be in a scheduling order that doesn’t even occur until after the answer is filed.

Sufficed to say - legal process moves slow, takes a number of years and is costly. That reality is often the biggest impetus to settlement.