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Speaking of lawsuits when does the Federal Farce end in Alabama? 10/13/26?

Posted on 10/8/26 at 11:20 am
Posted by thelawnwranglers
Member since Sep 2007
43248 posts
Posted on 10/8/26 at 11:20 am
Was the SEC always going to wait until the last minute?
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
2532 posts
Posted on 10/8/26 at 11:33 am to
No new filings since 9/28.
Posted by Chrome
Chromeville
Member since Nov 2007
13735 posts
Posted on 10/8/26 at 11:41 am to
SEC has far bigger problems when those players sue. Hope Sankey likes crow, he'll be eating a lot of it. Hope Stephen A Smith does a special on him.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
3170 posts
Posted on 10/8/26 at 12:00 pm to
The judge recently set a deadline for the SEC to file its opposition to the defendants' motion to dismiss and for the defendants to respond on October 26, 2026. It is likely that there will be a ruling by October 30.
Posted by geauxpurple
New Orleans
Member since Jul 2014
18164 posts
Posted on 10/8/26 at 12:04 pm to
It could get easily tossed out if it were in any jurisdiction other than Alabama.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
14812 posts
Posted on 10/8/26 at 12:46 pm to
quote:

The judge recently set a deadline for the SEC to file its opposition to the defendants' motion to dismiss and for the defendants to respond on October 26, 2026. It is likely that there will be a ruling by October 30.


You seriously think a judge is going to rule on all this in 4 days? It will be more like a month. Maybe several months.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
3170 posts
Posted on 10/8/26 at 1:32 pm to
What makes you think that it will take that long?
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
14812 posts
Posted on 10/8/26 at 1:48 pm to
quote:

What makes you think that it will take that long?


30+ years of practicing law.
Posted by friendlyobservation
Member since Mar 2024
6157 posts
Posted on 10/8/26 at 2:00 pm to


I don't know why but the way this was worded was kinda funny especially in response to his question.
Posted by JudgeHolden
Gila River
Member since Jan 2008
19348 posts
Posted on 10/8/26 at 2:03 pm to
Finally read the motion to dismiss. It’s pretty strong.

Fundamentally, it calls their bluff. The SEC says it cannot be forced to associate with LSU. Fine, the brief says, then throw LSU out. You can’t claim you have the power to expel LSU while at the same time saying you are forced to associate with it. Nice.

There are finer points, like personal jurisdiction and the limits of Ex Parte Young. But I thought the bluff calling argument was best.

It reads well. Whoever wrote it did a nice job.
Posted by Smokin Joe Dumas
Armchair QB
Member since Apr 2022
2662 posts
Posted on 10/9/26 at 10:35 am to
It’s a motion to dismiss. If they don’t file an answer or a motion for continuance (only if granted), then it will be granted quickly since the judge set those dates. If they do answer by that date, then the date for a hearing is already set. It takes all of at most one hour to hear.
Before the hearing, the judge has already read the motions and probably knows how he’s going to rule. It’s not like he’ll take it under advisement, especially if he can easily clear it from the docket.
Posted by LSUDonMCO
Orlando
Member since Dec 2003
8995 posts
Posted on 10/9/26 at 11:25 am to
I love how all you assume that Judge J.P. Gump of ALABAMA is going to immediately rule against the SEC. Like others have said, the Motion to Dismiss will be "taken under advisement", buried in the docket and dismissed as quietly as possible.
Posted by K2LAW
Lake Charles, LA
Member since Jun 2007
1868 posts
Posted on 10/9/26 at 11:29 am to
quote:

You seriously think a judge is going to rule on all this in 4 days? It will be more like a month. Maybe several months.


You don't know that. This is a pretty high-profile case, and the issues seem to be pretty straightforward. I really look forward to seeing the SEC's response, but I don't know of anything it can point out that will make a difference. I'm willing to make a wager there will be a ruling fairly quickly (maybe not a couple of days -- not that the judge can't but that he/she doesn't want to make it appear as though he/she did not give much throught to the opposition)
Posted by White Tiger
Dallas
Member since Jul 2007
16229 posts
Posted on 10/9/26 at 11:30 am to
Does Stephen A.lways loud Smith come with a volume control?
Posted by K2LAW
Lake Charles, LA
Member since Jun 2007
1868 posts
Posted on 10/9/26 at 11:36 am to
quote:

Finally read the motion to dismiss. It’s pretty strong.



Can you share where you found it? I'd like to read it but haven't been able to find it anywhere. I'm retired now -- no more PACER for me!
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
14812 posts
Posted on 10/9/26 at 11:41 am to
It's a fully briefed MTD. It is in federal court which means there probably won't be a hearing with arguments. It will probably be decided on the briefs. Given the nature of the case, the judge will probably write a written order and a supporting memorandum opinion. All that takes time to prepare.

A smart, savvy federal judge would probably just let these motions sit for months with no action on the chance that the case will just go away.
Posted by themunch
in motion
Member since Jan 2007
73173 posts
Posted on 10/9/26 at 11:59 am to
That would be nice for STankey
Posted by JudgeHolden
Gila River
Member since Jan 2008
19348 posts
Posted on 10/9/26 at 12:12 pm to
Let me look. I got it on Pacer, but I think there are public sources. Stand by.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
14812 posts
Posted on 10/9/26 at 12:30 pm to
First, the judge has to read the briefs and decide what she is going to do. If she is going to grant any aspect of the MTD she will almost certainly write an order and supporting memorandum opinion. I guess anything is possible but there are many cases where months pass before an order and opinion comes out.
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