Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Bowers v. National Collegiate Athletic Association

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


November 7, 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,
TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, DEFENDANT AND THIRD-PARTY PLAINTIFF,
v.
DELAWARE STATE UNIVERSITY, UNIVERSITY OF MEMPHIS, UNIVERSITY OF MASSACHUSETTS AMHERST, THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen M. Orlofsky

ORDER

This matter having come before the Court on the motions of the University of Memphis and Delaware State University to dismiss, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), and the University of Massachusetts Amherst's Motion to Dismiss, pursuant to Fed. R. Civ. P. 12(b)(6), Peter L. Frattarelli, Esq. Archer & Greiner, PC, appearing on behalf of Third-Party Defendant, University of Memphis, Michael K. Willison, Esq., Dickie, McCamey & Chilcote, appearing on behalf of Third-Party Defendant, Delaware State University, Linda B. Celauro, Esq., John James Peirano, Jr., Esq., Carpenter, Bennett & Morrissey, appearing on behalf of Third-Party Defendant, University of Massachusetts Amherst, and John B. Langel, Esq., Abigail L. Flitter, Esq., Ballard Spahr Andrews & Ingersoll, LLP, appearing on behalf of Defendant and Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education; and,

The Court having considered the papers submitted by counsel for Third-Party Defendants, University of Memphis, Delaware State University, and University of Massachusetts Amherst, in support of the motion and the papers submitted by counsel for Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education in opposition;

For the reasons set forth in the Opinion issued herewith, IT IS, on this seventh day of November, 2001, hereby ORDERED that:

1. Third-Party Defendant, University of Memphis's motions are GRANTED in part and DENIED in part; and,

2. The motions of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst are DENIED; and,

3. The motions of Third-Party Defendants, University of Memphis, Delaware State University and University of Massachusetts Amherst, to dismiss the claims for contribution by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, pursuant to the Americans with Disabilities Act and the Rehabilitation Act, are DENIED WITH PREJUDICE; and,

4. The motion of Third-Party Defendant, University of Memphis, to dismiss the claim for contribution by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, under the New Jersey Law Against Discrimination, is GRANTED; and,

5. The motions of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst, to dismiss the claim for contribution by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, under the New Jersey Law Against Discrimination, are DENIED WITHOUT PREJUDICE to the rights of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst, to renew their motion upon submission of supplemental briefing; and,

6. Third-Party Defendants, Delaware State University and University of Massachusetts Amherst shall submit any supplemental briefing on claims under the New Jersey Law Against Discrimination within thirty days of the date of this Order; and,

7. Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, shall have ten days thereafter in which to respond to any supplemental briefing by the Third-Party Defendants, Delaware State University and University of Massachusetts Amherst.

STEPHEN M. ORLOFSKY United States District Judge

20011107

© 2001 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.