11d ago football Edit

Judge John Cooper rules in FSU's favor on 'ripeness,' encourages mediation

Bob Ferrante • TheOsceola

Editor

Leon County Circuit Court Judge John Cooper emphasized the Florida State-ACC case is not over, but he ruled in favor of FSU on the motion of ripeness and strongly encouraged mediation between the parties within 120 days.

Cooper has 10 years of experience as a mediator and emphasized FSU and ACC could resolve disputes and find “acceptable” terms while saving legal fees. He emphasized the word “acceptable” multiple times when discussing mediation.

Cooper ruled the fact FSU has not yet officially withdrawn from the ACC does not support the ACC’s assertion the case lacks “ripeness” because FSU has not officially left the conference. A claim is "ripe" when the facts of the case have matured into an existing substantial controversy warranting judicial intervention.

On the issue of personal jurisdiction, Judge Cooper was concerned by the lack of specificity in FSU’s writing and rather than dismiss the case as the ACC argued, Cooper ordered FSU to amend its complaint to cure his concern given the size of this case, and the likelihood of appeal. FSU has seven days to amend its complaint in regards to personal jurisdiction, submitting the filing to Judge Cooper and the defendant.

The ACC would then have 20 days to respond out of concern FSU could make more significant amendments to the complaint. Peter Rush, who argued for FSU today, responded to the ACC lawyers and Cooper by stating they would only address the matter of personal jurisdiction language. Cooper noted his hearing schedule is booked until August, said he would find a day on a not-hearing week to schedule the next appearance.

While no date was set, the timeline points to May to discuss personal jurisdiction.

Cooper also is going to extend the motion to stay discovery until the issue of personal jurisdiction is resolved.

“What I am ruling, in a case I'm told is worth up to half a billion dollars, we need a more clear case of personal jurisdiction,” Cooper said.

He emphasized he wasn’t siding with FSU or the ACC and that the case is far from a ruling.

What’s left unresolved is FSU and the ACC have a concurrent yet separate court case in Mecklenberg County (N.C.). The next FSU-ACC appearance in Charlotte, N.C., is May 2.