In recent months, the O’Bannon Plaintiffs have sought to certify a class that would include currently enrolled student-athletes and would seek payment for television (and other media) revenue, which brings a new layer to the litigation and additional damages. In October 2012, the NCAA filed a motion to strike the O’Bannon Plaintiffs’ desire to certify a class with the inclusion of currently enrolled student-athletes. The NCAA’s argument primarily focused on the mass expansion of the lawsuit and the changing of claims after years of litigation. U.S. District Judge Claudia Wilken denied the NCAA’s request for relief by stating “these contentions are more properly considered as arguments supporting denial of the motion for class certification on its merits.” Judge Wilken, however, invited the NCAA to file another brief in support of their position (while not arguing the same points again) to be heard on June 20, 2013 at the class certification hearing. To be clear, this ruling did not grant the O’Bannon Plaintiffs class certification. It simply holds that the case can continue and the NCAA can make additional arguments against class certification at the upcoming hearing in June.
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