LIVERS v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al

Filing 69

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. 57) IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/25/18. 7/26/18 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
VILLANOVA UNIVERSITY
Baylson, J.

July 25, 2018
ORDER RE: MOTION TO DISMISS AMENDED COMPLAINT

For the reasons stated in the foregoing Memorandum, it is ORDERED that Defendants’
Motion to Dismiss the Amended Complaint (ECF 57) is DENIED, without prejudice to renewal
as a Motion for Summary Judgment on the statute of limitations issue. The parties shall exchange
written discovery requests on this issue forthwith if not already served, and complete all
discovery on this issue within 60 days. Any Motion for Summary Judgment on this issue must be
filed within 75 days.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\Christina.2017\Livers v NCAA (17-4271)\Order re Motion to Dismiss Amended Complaint.docx