A judge has ordered a pause in document requests related to a lawsuit over the University of North Dakota's Fighting Sioux nickname. Attorney General Wayne Stenehjem says the respite may encourage settlement talks with the NCAA.
"The judge's order gives both sides time to continue discussions without having to worry about the discovery process," the attorney general said Wednesday in an electronic mail message.
Through a spokeswoman, Stenehjem declined to elaborate on the issues being discussed in settlement negotiations.
Wick Corwin, a Fargo attorney representing the NCAA, referred questions to the organization's headquarters in Indianapolis. A spokesman there could not be reached for comment late Wednesday.
Northeast Central District Judge Lawrence Jahnke has urged both UND and the NCAA to resolve the case out of court. The trial is scheduled to begin Dec. 10.
In an order issued last week, Jahnke directed attorneys on both sides to stop discovery in the lawsuit until Aug. 19. Discovery is the process attorneys use to demand information from each other during legal proceedings.
The NCAA has concluded the Fighting Sioux athletics nickname is "hostile and abusive" to American Indians. It has said UND may not host postseason tournaments or use the nickname as a tournament participant.
Jahnke issued a preliminary injunction last November, delaying the edict from taking effect until the issue is decided in court. The NCAA did not appeal the injunction.
UND's lawsuit challenges the process the NCAA used to arrive at its conclusion that the Fighting Sioux nickname is hostile and abusive. Both sides have motions pending for partial judgments in their favor.
Posted in State-and-regional on Wednesday, July 18, 2007 7:00 pm Updated: 3:46 pm.
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