LIVERS v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al

Filing 48

MEMORANDUM AND ORDER THAT PLAINTIFF'S CLAIM AGAINST BUCKNELL UNIVERSITY, DREXEL UNIVERSITY, DUQUESNE UNIVERSITY, FAIRLEIGH DICKINSON UNIVERSITY, LA SALLE UNIVERSITY, LAFAYETTE COLLEGE, LEIGH UNIVERSITY, MONMOUTH UNIVERSITY, RIDER UNIVERSITY, ROB ERT MORRIS UNIVERSITY, SETON HALL UNIVERSITY, SAINT FRANCIS UNIVERSITY, SAINT JOSEPH'S UNIVERSITY, ST. PETER'S UNIVERSITY, UNIVERSITY OF DELAWARE, PENNSYLVANIA STATE UNIVERSITY, UNIVERSITY OF PITTSBURGH, RUTGERS-STATE UNIVERSITY OF NEW JERS EY, AND TEMPLE UNIVERSITY ARE DISMISSED WITH PREJUDICE. AS TO THE NCAA AND VILLANOVA UNIVERSITY, THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO RE-PLEAD WITHIN 21 DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/17/18. 5/18/18 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAWRENCE “POPPY” LIVERS,
on his own behalf and on behalf of
similarly situated persons
v.

CIVIL ACTION
NO. 17-4271

NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, a/k/a the NCAA, and the
following NCAA Division I Member
Schoolsi as representatives of a Defendant
Class of all private and semi-public
member schools that entered/enter into
Athletic Financial Aid Agreements with
the Plaintiff Collective:
BUCKNELL UNIVERSITY,
DREXEL UNIVERSITY,
DUQUESNE UNIVERSITY,
FAIRLEIGH DICKINSON
UNIVERSITY,
LA SALLE UNIVERSITY,
LAFAYETTE COLLEGE,
LEHIGH UNIVERSITY,
MONMOUTH UNIVERSITY,
RIDER UNIVERSITY,
ROBERT MORRIS UNIVERSITY,
SETON HALL UNIVERSITY,
SAINT FRANCIS UNIVERSITY,
SAINT JOSEPH’S UNIVERSITY,
ST. PETER’S UNIVERSITY,
VILLANOVA UNIVERSITY
UNIVERSITY OF DELAWARE
PENNSYLVANIA STATE UNIVERSITY
UNIVERSITY OF PITTSBURGH
RUTGERS, STATE UNIVERSITY OF
NEW JERSEY
TEMPLE UNIVERSITY
ORDER
AND NOW, on this 17th day of May, 2018, for the reasons stated in the foregoing
Memorandum, Plaintiff’s claim against Bucknell University, Drexel University, Duquesne
University, Fairleigh Dickinson University, La Salle University, Lafayette College, Lehigh

University, Monmouth University, Rider University, Robert Morris University, Seton Hall
University, Saint Francis University, Saint Joseph’s University, St. Peter’s University, University
of Delaware, Pennsylvania State University, University of Pittsburgh, Rugters-State University
of New Jersey, and Temple University are DISMISSED with prejudice. As to the NCAA and
Villanova University, the Complaint is DISMISSED without prejudice and with leave to replead within 21 days.
BY THE COURT:

/s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge
O:\CIVIL 17\17-4271 Livers v NCAA\17cv4271 Order on MTD.docx