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The Honolulu Advertiser
Posted on: Monday, July 27, 2009

CFB: NCAA files motion to dismiss FSU lawsuit


By Andrew Carter
The Orlando Sentinel

The NCAA on Monday filed a motion in Leon County, Fla., Court requesting the dismissal of the lawsuit that Florida media organizations had filed against it and Florida State University demanding the release of documents relating to the FSU academic fraud case.

The NCAA is arguing that it shouldn’t be held to the standard of Florida’s public records laws. Several state media outlets — including the Orlando Sentinel — filed a lawsuit requesting the release of documents the NCAA has sent to FSU via a secure, custodial NCAA Web site.
In its motion, the NCAA wrote, “FSU does not pay dues or membership fees to the NCAA with public funds, so the NCAA’s records that pertain to FSU are not subject to Florida’s Public Records Act . . . Finally, the NCAA did not unlawfully withhold or illegally retain its own investigative documents.”
Circuit Judge John C. Cooper will hear that motion on Aug. 5.
Another two-day hearing on the case is scheduled to begin Aug. 20.