Leon County second circuit judge John Cooper denied the ACC’s motion to stay, delivering an opinion Tuesday afternoon that he feels the filing in North Carolina is a form of “forum shopping.”
Cooper heard legal arguments from legal teams representing FSU and the ACC beginning at 9:40 a.m. before making his comments and decision after 4 p.m.
“I'm not saying Florida State is right, I’m not saying Florida State has the better argument on the merits,” Cooper said. “I'm just saying the motion to stay should be denied.”
The FSU-ACC cases have been filed in Mecklenburg County (N.C.) as well as Leon County, both in December. At issue for the legal teams has been one of who filed first, technically the ACC in Charlotte court, while FSU has argued it appropriately filed first after a 24-hour notice for the school’s Board of Trustees to meet and vote on the suit.
"FSU is pleased with Judge Cooper’s ruling today denying the ACC’s motion to postpone our lawsuit over the mishandling of media rights," a statement from FSU said. "We agree with his conclusions that the ACC’s North Carolina action was an anticipatory filing disfavored by courts, and that the sovereignty of the State of Florida supports the resolution of these matters in Florida.
"We will continue to press our case both in Leon County and North Carolina to show the ACC seeks to impose an unconscionable financial penalty to prevent its members from exercising their right to leave.
Cooper often used the term “forum shopping” on Tuesday to reflect upon a “rush to the courthouse action” by the ACC, with the league’s schools feeling in December they had to quickly file suit in Mecklenburg County a day prior to FSU’s BOT meeting to protect the league’s covenant.
“While we respect the court’s decision, we strongly disagree with its determination surrounding our requested stay in Florida, especially following the North Carolina court’s decision," the ACC said in a statement. "We are examining our options as it relates to next steps.”
Last week, Judge Louis A. Bledsoe III denied two of FSU’s motions to dismiss the lawsuit filed by the ACC. There is no scheduled court hearing in Mecklenberg County.
What is next? Cooper set a next court date for April 22 at 9:30 a.m. to review motion to dismiss, discovery and other issues. "I think we'll get all of those done," Cooper said.
With the concurrent cases, in Tallahassee and in Charlotte, it’s not clear if or when the cases could be merged. Clemson's legal filing also could complicate matters.
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