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


March 6, 2002

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.

ORDER

This matter having come before the Court on the Motions of the University of Massachusetts Amherst and Delaware State University to Dismiss, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), the Motion of the University of Memphis for a Stay Pending Appeal, pursuant to Fed. R. App. P. 4, and the Motion of the University of Massachusetts Amherst for a Prescribed Statement and Stay, pursuant to 28 U.S.C. § 1292(b), Peter L. Frattarelli, Esq., Archer & Greiner, P.C., 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, Barbara E. Ransom, Esq., Public Interest Law Center of Philadelphia, Richard L. Bazelon, Esq., Bazelon Less & Feldman, P.C., appearing on behalf of Plaintiff, Michael Bowers, 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 motions and the papers submitted by counsel for Plaintiff, Michael Bowers, and 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 concurrently with this Order, IT IS, on this sixth day of March, 2002, hereby ORDERED that:

1. The Motions of Third-Party Defendant, University of Massachusetts Amherst, to Dismiss are GRANTED IN PART and DENIED IN PART; and,

2. The Motion of Third-Party Defendant, University of Memphis, for a Stay Pending Appeal is GRANTED; and,

3. The Motions of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst, for a Prescribed Statement and Stay Pursuant to 28 U.S.C. § 1292(b) are GRANTED IN PART and DENIED IN PART; and,

4. The Motion of Third-Party Defendant, University of Massachusetts, to Dismiss the claims for contributions by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, made pursuant to Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1974, is DENIED; and,

5. The Motion of Third-Party Defendant, University of Massachusetts, to Dismiss the claims for contribution by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, made pursuant to the New Jersey Law Against Discrimination, is GRANTED; and,

6. All proceedings, including responsive pleadings and discovery, relating to the claims by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, are to be stayed pending the resolution of the appeal by the University of Memphis, Court of Appeals Docket No. 01-4226; and,

7. In response to the Motion of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst, for a Prescribed Statement, Pursuant to 28 U.S.C. § 1292(b), the November 7, 2001 Order denying U. Mass.'s Motion to Dismiss is amended as follows: 3A. the Court hereby certifies, pursuant to 28 U.S.C. § 1292(b), that the within Order "involves [the following] controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation":

(1) whether the Third-Party Plaintiff is entitled to a right of action for contribution against the Third-Party Defendants, University of Massachusetts Amherst and Delaware State University, in connection with the claims by Plaintiff, Michael Bowers, under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1974; and,

8. The Motion of Third-Party Defendants, Delaware State University and University of Massachusetts Amherst, for a Stay, Pursuant to 28 U.S.C. § 1292(b), is DENIED; and,

9. The Court will, in its discretion under 28 U.S.C. § 1367(c)(1), dismiss the claims against Defendant, Delaware State University, for contribution by Third-Party Plaintiff, Temple University of the Commonwealth System of Higher Education, made pursuant to the New Jersey Law Against Discrimination, without prejudice to the Third-Party Plaintiff's right to pursue all such claims for contribution in the appropriate state court.

20020306

© 2002 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.