Pryor v. National Collegiate Athletic Association

Full title: KELLY N. PRYOR and WARREN E. SPIVEY, JR., Individually and on behalf of…

Court: United States District Court, E.D. Pennsylvania

Date published: Apr 6, 2004

Civil Action No. 00-3242 (E.D. Pa. Apr. 6, 2004)

Opinion

Civil Action No. 00-3242.

April 6, 2004

RONALD BUCKWALTER, District Judge

ORDER

AND NOW, this 6^th day of April, 2004, it is hereby ORDERED that plaintiffs' request to file a reply to defendant's memorandum of law in opposition to plaintiffs' motion for reconsideration is DENIED.

MEMORANDUM AND ORDER

Plaintiffs have filed a motion for reconsideration. The sentence they refer to on page 4 of their motion was poorly constructed, and is deleted. The following sentence replaces it:

"To establish liability against the NCAA, a plaintiff would have to prove by a preponderance of the evidence that the NCAA denied the waiver intentionally because of his race or disability."

The plaintiffs' motion contains essentially the same arguments it has been making in the many briefs already filed on the issue of class certification. The court has already carefully considered the respective positions of the parties.

An order follows: AND NOW, this 6^th day of April, 2004, upon consideration of plaintiff's motion for reconsideration (Docket No. 52), and defendant's response filed thereto, it is hereby ORDERED that said motion is DENIED.