Preview (and Required Reading) in Advance of PSV/MLS Motion to Dismiss Oral Arguments

We’re almost at that time: The oral arguments for the PSV/MLS Motion to Dismiss are set for September 4 at 2:30 p.m. local time. Each side will have 45 minutes to present their arguments. As the moving party, the defendants (PSV/MLS) will likely go first, followed by the plaintiffs. Within that 45 minutes, the parties will likely reserve some time for rebuttal/followup, and they’re not required to use all of the time if they don’t want/need it (there are no points for longevity).

Each party will probably open with a brief(ish) summary of their position, and then be prepared for a barrage of questions from Judge Brown. The parties will NOT be firing questions at each other, though if it gets heated, there may some arguments/barbs thrown by each side to the other. The hearing is open to the public, though I’d suggest keeping the hooting/hollering/booing/finger-snapping to a minimum.

Also keep in mind that the 45 minutes will be something of a moving target; it could last longer than that, depending on how the arguments are going. That more depends on how much of a stickler Judge Brown is.

I’m sure the other question people are asking about is when we’ll get a decision. Short answer: I have no idea. The court rules state that a ruling must come down within 90 days of the hearing, so we could be waiting for a while. It’s possible (though extremely unlikely) we could get at least an oral ruling after the argument, with written findings later on. It’s far more likely Judge Brown will take the matter under advisement, and a ruling comes out in a few weeks to a month.

However, given what’s at stake and the need (by PSV/MLS) for a resolution, things could be expedited. But no predictions on that from me (I learned my lesson after the ruling in May). Hopefully Judge Brown will give us at least a timeframe on when he’ll make his decision. It’s helpful that the Court has had the pleadings from the parties for quite some time (PSV/MLS filed their original motion back in April).

With all that said, if you’re just tuning in (or haven’t been paying much attention), here are the important stories I’ve written on the issue to outline the position of the parties with respect to this motion:

PSV/MLS file their motion to dismiss the lawsuit. [April 20, 2018]

Columbus/Ohio file response to PSV/MLS motion to dismiss the lawsuit. [May 2, 2018]

PSV/MLS file reply in their motion to dismiss the lawsuit. [July 19, 2018]

This stuff is pretty dense, even for attorneys, so I hope I was able to break it down into digestible parts. I’ll see everyone in court (or on the internets) Tuesday afternoon, where I’ll be doingitlive, one more time!


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