The NCAA would rather not fight two battles at once, if at all possible.
In court documents filed Wednesday, the athletic organization asks the Centre County Court to postpone a hearing scheduled for Jan. 5 in the lawsuit brought by the Paterno estate.
The hearing is currently scheduled for the day before the start of the trial in the lawsuit brought against the NCAA by Pennsylvania State Sen. Jake Corman and Treasurer Rob McCord.
“The judge presiding over the Corman matter… has made clear on multiple occasions that she is not open to delaying the start of the trial,” attorneys for the NCAA write. “The NCAA Defendants are therefore hopeful that this Court is amenable to a modest postponement of the January 5 trial hearing to ensure that the trial in the Corman matter… does not interfere with the hearing.”
The NCAA suggests postponing the Paterno hearing by about two weeks so they have time to adequately prepare for both the trial in the Corman lawsuit and the hearing in the Paterno lawsuit. According to Wednesday’s filing, nominal defendant Penn State agrees with the NCAA’s request, and attorneys for the plaintiffs are not opposed to the delay.
The estate of former Penn State head football coach Joe Paterno – along with Penn State trustee Al Clemens and former assistant coaches Jay Paterno and William Kenney – sued the NCAA for alleged defamation and conspiracy in Centre County court last year. They claim the NCAA overstepped its authority in the aftermath of the Jerry Sandusky, ultimately decreasing the value of the Paterno estate and making it more difficult for Paterno and Kenney to find work.
Corman and McCord sued the NCAA in Commonwealth Court last year in an attempt to force the NCAA to abide by the Endowment Act: a state law that requires the NCAA to spend its $60 million fine against Penn State on child abuse prevention programs in Pennsylvania. The Jan. 6 trial will determine the legality of the consent decree, which allowed the NCAA to impose its fine and other sanctions against the university.
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