On December 6, 2017, the Court entered an Order granting Final Approval for the Settlement. Unfortunately, there was one objector to the Settlement who has filed an appeal from the Final Approval Order, which means distributions to Class Members cannot begin until that appeal is resolved. It is now in the hands of the U.S. Court of Appeals for the Ninth Circuit. In the meanwhile, Class Members can still submit address changes and substitute W-9 forms through the Estimated Recovery link.
The U.S. Court of Appeals for the Ninth Circuit has now scheduled the appeal for an oral argument hearing on Tuesday, April 16, 2019. According to the Ninth Circuit Court’s website, “most cases are decided within 3 months to a year” of the oral argument hearing date.
Previously, the U.S. Court of Appeals for the Ninth Circuit set the following briefing schedule for the appeal:
Appellant’s (Objector’s) opening brief due on May 21, 2018. The Objector's Opening brief can be seen here.
Appellees’ (Plaintiff Student-athletes’) answering brief due on June 20, 2018. In an effort to speed up the process, Class Counsel filed the Student-athletes’ answering brief early on June 7, 2018. That answering brief can be seen here.
On June 7, 2018, Class Counsel also filed separate motions with the U.S Court of Appeals for the Ninth Circuit to (1) Dismiss the Objector’s Appeal or, in the alternative, to Summarily Affirm the Settlement, and (2) impose Sanctions on the Objector and his Attorney. Those motions, as well as a Declaration in support can be seen here.
On June 15, 2018, District Court Judge, Claudia Wilken, issued an Order imposing a $5,000 appeal bond on the Objector. Pursuant to that Order, the Objector had until June 25, 2018 to submit proof to the Court of his satisfaction of the bond requirement or proof of his withdrawal of the appeal. Judge Wilken’s Order on the bond can be seen here.
On June 17, 2018, the Objector filed an opposition to Class Counsel’s motions to (1) Dismiss the Objector’s Appeal or, in the alternative, to Summarily Affirm the Settlement, and (2) impose Sanctions on the Objector and his Attorney. That Opposition can be seen here.
On June 22, 2018, Class Counsel filed reply briefs in support of their motions to (1) Dismiss the Objector’s Appeal or, in the alternative, to Summarily Affirm the Settlement, and (2) impose Sanctions on the Objector and his Attorney. Those reply briefs can be seen here and here.
On June 25, 2018, the Objector filed a Notice that he has posted the appeal bond with the U.S. District Court. That Notice can be seen here.
On August 22, 2018, the Court of Appeals issued an Order denying Class Counsel’s motion to dismiss the appeal and referring Class Counsel’s motion to impose sanction on the Objector and his Attorney to the panel assigned to decide the merits of the appeal. That Order can be seen here.
The U.S. Court of Appeals for the Ninth Circuit rules on over 12,000 appeals each year and currently has a large backlog of pending appeals. We appreciate your patience as we await a ruling from the Court and we will keep you informed as soon as we know of any ruling or update.
The Notice provides information about a proposed class action Settlement concerning National Collegiate Athletic Association (“NCAA”) Division I collegiate athletes who played men’s or women’s basketball, or Football Bowl Subdivision (“FBS”) football between March 5, 2010 and March 21, 2017, and who received from an NCAA member institution for at least one academic term (such as a semester or quarter) either (1) athletically related financial aid in an amount equal to or greater than tuition and fees, room and board, and required course-related books, or (2) athletically related financial aid that was not equal to or greater than tuition and fees, room and board, and required course-related books only because it was reduced by the applicable NCAA member institution by an amount of nonathletically related financial aid received by the student-athlete.
The lawsuit involves claims by student-athletes who have received a scholarship package, referred to as a grant-in-aid, or GIA, since March 5, 2010. The student-athletes argued for monetary damages based on the difference in athletically related financial aid they could have received under new NCAA rules allowing for athletically related aid up to the full “cost of attendance,” typically a few thousand dollars more per academic year. The defendants deny they did anything wrong. The Court has not ruled on the merits of these claims.
|Case Relevant Event||Date|
|Preliminary Approval||March 21, 2017|
|Individual Estimated Amounts Available||August 21, 2017|
|Commence Direct Notice||August 21, 2017|
|Objection Deadline||September 20, 2017|
|Requests for Exclusion Deadline||September 20, 2017|
|Dispute Estimated Recovery/Status Deadline||October 3, 2017|
|Final Fairness Hearing||November 17, 2017 at 9:00 a.m.|