Saturday, October 24, 2009

Judge Gives Florida Supreme Court Until Wednesday To Decide On Stay In NCAA Case

The Circuit Court Judge handling the NCAA public records case previously discussed here, here and here has given the Florida Supreme Court until Wednesday to determine whether they will stay the case or he will order the records released effectively mooting the stay issue.  On Friday, Leon County Circuit Court Judge John Cooper said "The Florida Supreme Court should at least be put on notice, for a reasonable portion of time, we either grant this stay or deny it" according to an article on the Florida Capital News website that can be found here.  Based upon the quote, it seems clear the Judge was not trying to impose a deadline upon the supreme court but allowing a delay in the trial court proceeding to give the Florida Supreme Court notice and time to consider the stay issue.  Of course, the Florida Supreme Court could extend the "deadline" by temporarily staying the release of the names pending further order.  You can view the NCAA's notice of the deadline filed in the Florida Supreme Court here.

The United States Supreme Court, first Justice Kennedy [see here] and then the entire Supreme Court [see here], granted a stay in a public records dispute arising out of the Ninth Circuit this week.  The presumed basis for the stay in that case is the same as one would be here, once the names are out the stay is irrelevant.  The Supreme Court acted in that case even prior to the Ninth Circuit's ruling [see here].  It will be interesting to see if that decision has any impact here, which we will likely never know.

*Disclaimer: GrayRobinson is involved in this matter.


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