Saturday, March 02, 2013
Ind. Decisions - District court dismisses antitrust action against NCAA
In a 25-page opinion filed yesterday, in the case of John Rock et. al v. NCAA (1:12-cv-01019-JMS-DKL), Judge Magnus-Stinson dismissed an antitrust action against the NCAA with prejudice as regards two of the parties and, with respect to Mr. Rock, concluded:
If counsel wants this claim to proceed, the moment has come to spend the time and undertake the potentially complicated task of the “proper identification” of a relevant market. Agnew, 683 F.3d at 346.
Mr. Rock may move to amend his complaint pursuant to Federal Rule of Civil Procedure 15(a)(2) within 28 days if he can show good cause for doing so. Should he choose to move to amend, the Court ORDERS a review of Federal Rule of Civil Procedure 8(a), which requires a pleading to contain “a short and plain statement of the claim . . . .” Mr. Rock’s amended complaint should not make conclusory legal allegations or cite cases but, instead, should provide a short and plain statement detailing the necessary factual allegations supporting a plausible claim for relief. Failure to do so will result in the Court denying the motion to amend and closing this case.
Posted by Marcia Oddi on March 2, 2013 11:16 AM
Posted to Ind Fed D.Ct. Decisions