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Sunday, August 18, 2013

Ind. Decisions - “Three Is a Magic Number” writes Judge Magnus-Stinson

On August 16th, SD Ind. Judge Jane Magnus-Stinson issued this 28-page Order Denying Motion to Dismiss in the case of John Rock v. NCAA that begins with some unexpected citations:

As Schoolhouse Rock teaches, three is a magic number. Bob Dorough, “Three Is a Magic Number,” Schoolhouse Rock, ep. 1 (1973); see also Blind Melon, “Three is a Magic Number” (Atlantic Records 1996). Presently pending before the Court is Defendant National Collegiate Athletic Association’s (“NCAA”) Motion to Dismiss, [dkt. 47], arguing that Plaintiff John Rock’s Second Amended Complaint, [dkt. 46], is insufficient as a matter of law. This is the third time that this Court has ruled on the sufficiency of a plaintiff’s complaint challenging two NCAA bylaws at issue—the prohibition on multi-year scholarships and the cap on the number of allowable scholarships. This is the first time, however, that the Court concludes that the complaint at issue pleads the rough contours of a relevant market that is plausible on its face and in which anticompetitive effects of the challenged regulations could be felt. This ruling should not be read too broadly. The burdens at the subsequent stages of litigation are significantly higher than they are in opposing a motion to dismiss, and Mr. Rock may struggle to identify admissible evidence to support some of the allegations that the Court was required to accept as true for purposes of ruling on the NCAA’s motion. Nevertheless, because Mr. Rock has alleged sufficient factual allegations to support an antitrust claim that is plausible on its face, the Court denies the NCAA’s motion to dismiss.
A reader has commented to the ILB:
I'd venture to guess that this is the first federal court case citing Blind Melon. In case you didn't know ... Blind Melon's lead singer, Shannon Hoon, was a Lafayette native. I say "was," because he died of a cocaine overdose. From the NY Times obit:
Shannon Hoon, the Lead Singer Of Blind Melon, Is Dead at 28 ...
Oct 22, 1995 ... Shannon Hoon, a singer and songwriter whose band, Blind Melon, shot to the top of the charts in 1993 with their eclectic single "No Rain," died ...

Posted by Marcia Oddi on August 18, 2013 07:42 PM
Posted to Ind Fed D.Ct. Decisions