Magistrate Judge Cousins denied two plaintiff motions and the O'Bannon plaintiffs the ability to gain several items in discovery and take several depositions they sought. He did however allow the Plaintiff's counsel to take very limited additional discovery, only after they admitted that they had failed to take discovery related to the claims of their expert, Dr. Roger Noll.
Dr. Noll's testimony is by and large the sole support for their legal challenge to the NCAA's bylaws. Plaintiffs' failure to take discovery on this central issue only underscores the dramatic shift in their theories since the case was filed in 2009, as well as the lack of actual facts to support Dr. Noll's testimony.
We are pleased with the court's ruling and the admissions the plaintiffs' lawyers made today highlighting the weaknesses in their theories. We look forward to the additional discovery shining a light on the reasons why this case is not a proper class action.
