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Bowers v. National Collegiate Athletic Association

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


February 2, 2001

MICHAEL BOWERS, PLAINTIFF,
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, ACT, INC., NCAA INITIAL-ELIGIBILITY CLEARINGHOUSE, TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, UNIVERSITY OF IOWA, AMERICAN INTERNATIONAL COLLEGE, DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

ORDER ON MOTIONS FOR REARGUMENT OF OPINION AND ORDER OF NOVEMBER 2, 2000

This matter having come before the Court on the Motions for Reargument of Defendants, National Collegiate Athletic Association ("NCAA"), and Temple University of the Commonwealth System of Higher Education ("Temple"), Barbara E. Ransom, Esq. and Max Lapertosa, Esq. of the Public Interest Law Center of Philadelphia and Richard L. Bazelon, Esq. of Bazelon & Less, appearing on behalf of Plaintiff Michael Bowers, and Charles J. Vinicombe, Esq., J. Freedley Hunsicker, Jr., Esq., John Schultz, Esq., Julianne Peck, Esq., Amy E. Pizzutillo, Esq. of Drinker, Biddle & Shanley LLP, appearing on behalf of Defendant NCAA, and Robert A. Burgoyne, Esq. of Fulbright & Jaworski LLP, Nicholas M. Kouletsis, Esq. of Pepper Hamilton, LLP, appearing on behalf of Defendant ACT, Inc. and NCAA Initial Eligibility Clearinghouse, and Mark Schantz, Esq., Andrew Ives, Esq. of Office of the General Counsel of the University of Iowa, and Thomas J. Miller, Esq., Attorney General, Gordon E. Allen, Esq., Deputy Attorney General, Office of the Iowa Attorney General, William O. Perkins, Jr., Esq., Jack Jay Wind, Esq. of Margulies, Wind, Herrington & Knopf, P.C., appearing on behalf of Defendant University of Iowa, and John B. Langel, Esq., Abigail L. Flitter, Esq. of Ballard Spahr Andrews & Ingersoll, LLP, appearing on behalf of Defendant Temple, and James H. Savage, Esq. of Ruprecht, Hart & Weeks, LLP, appearing on behalf of Defendant American International College, and John J. Farmer, Jr., Esq., Attorney General of New Jersey and Larry R. Etzweiler, Esq., Senior Deputy Attorney General of New Jersey, appearing on behalf of Third-Party Defendant, University of Massachusetts Amherst; and,

The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;

IT IS, on this 2nd day of February, 2001, hereby ORDERED that the NCAA's Motion for Reargument is GRANTED and Temple's Motion for Reargument is DENIED; and,

IT IS hereby further ORDERED that this Court's Opinion and Order of November 2, 2000 are amended as follows:

1. Plaintiff's claim for injunctive relief under Title III of the Americans with Disabilities Act is DISMISSED WITH PREJUDICE;

2. Plaintiff's claim for injunctive relief under the Rehabilitation Act is DISMISSED WITH PREJUDICE;

3. Plaintiff, Michael Bowers, lacks standing to seek any form of injunctive relief.

20010202

© 2001 VersusLaw Inc.



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