Motion For Temporary Restraining Order

1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
2 IN AND FOR THE COUNTY OF WHITMAN
3
4 WASHINGTON STATE UNIVERSITY, an Case No.
institution of higher education and agency of the
5 State of Washington; KIRK H. SCHULZ, in his MOTION FOR TEMPORARY
official capacities as the President of Washington RESTRAINING ORDER
6 State University and Chair of the Pac-12 Board of
Directors; OREGON STATE UNIVERSITY, an
7 institution of higher education and agency of the
State of Oregon; and JAYATHI Y. MURTHY, in
8 her official capacities as the President of Oregon
State University and Member of the Pac-12
9 Board of Directors,
10 Plaintiffs,
11 v.
12 THE PAC-12 CONFERENCE; and GEORGE

KLIAVKOFF, in his official capacity as
13 Commissioner of the Pac-12 Conference,
14 Defendants.
15
16
17
18
19
20
21
22
23 MOTION FOR TEMPORARY
RESTRAINING ORDER
24
1 Plaintiffs Washington State University, an institution of higher education and agency of
2 the State of Washington, Kirk H. Schulz, in his official capacities as the President of Washington
3 State University and Chair of the Pac-12 Board of Directors, Oregon State University, an
4 institution of higher education and agency of the State of Oregon, and Jayathi Y. Murthy, in her
5 official capacities as the President of Oregon State University and Member of the Pac-12 Board of
6 Directors, by and through their undersigned attorneys of record, hereby move this Court for a
7 temporary restraining order enjoining Defendants and their officers, directors, members,
8 employees, agents, representatives, attorneys, successors, and assigns, and all other persons acting
9 in concert with them from:
10 1. Holding, or taking any steps to hold, a Pac-12 Conference Board meeting that
11 includes representatives of the ten Pac-12 Conference members who have delivered notice of their
12 withdrawal from the Conference,1 pending a preliminary injunction hearing or other suitable
13 proceeding to determine the authorized representatives of the Pac-12 Conference Board of
14 Directors under the Conference Bylaws;
15 2. Allowing, or taking any steps to allow, representatives of the ten Pac-12
16 Conference members who have delivered notice of their withdrawal from the Conference, to
17 attend, participate in, or vote in any Pac-12 Conference Board meeting; and
18 3. Transacting, or taking any steps to transact, any business or affairs of the Pac-12
19 Conference based on votes cast by the representatives of the ten Pac-12 Conference members who
20 have delivered notice of their withdrawal from the Conference.
21 This motion is made pursuant to CR 65 and RCW Ch. 7.40 et. seq., and is based upon the
22 accompanying Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for a
23 Temporary Restraining Order, the Declaration of Kirk H. Schulz, the Declaration of Rebecca Gose
24
25 1
For the avoidance of doubt, the ten Pac-12 Conference members that have delivered notice of
withdrawal from the Conference are: University of Arizona; Arizona State University; University
26 of California, Berkeley; University of California, Los Angeles; University of Colorado, Boulder;
University of Oregon; University of Southern California; Stanford University; University of Utah;
27 and University of Washington.
28
MOTION FOR TEMPORARY
RESTRAINING ORDER
1 and the exhibits attached thereto, the Declaration of Eric MacMichael and the exhibits attached
2 thereto, and all pleadings and papers of record filed herein.
3 A copy of Plaintiffs’ [Proposed] Temporary Restraining Order is filed contemporaneously
4 herewith.
5 Dated: September 8, 2023
6 /s/ Nathan E. Deen /s/ Matthew Mensik
7 Nathan E. Deen, WSBA No. 39673 Matthew Mensik, WSBA No. 44260
OFFICE OF THE ATTORNEY GENERAL Max K. Archer, WSBA No. 54081
8 332 French Administration Building RIVERSIDE LAW GROUP, PLLC
Pullman, Washington 99164 905 W. Riverside Ave., Ste. 208
9 Telephone: (509) 335-2636 Spokane, WA 99201
Email: [email protected]
Email: [email protected] [email protected]
10
Andrew S. Tulumello (pro hac vice Eric H. MacMichael (pro hac vice
11 application forthcoming) application forthcoming)
12 Arianna M. Scavetti (pro hac vice Nicholas S. Goldberg (pro hac vice
application forthcoming) application forthcoming)
13 WEIL, GOTSHAL & MANGES LLP David J. Silbert (pro hac vice application
forthcoming)
2001 M Street NW, Suite 600 Taylor Reeves (pro hac vice application
14 Washington, D.C. 20036 forthcoming)
Telephone: (202) 682-7000 Nathaniel H. Brown (pro hac vice
15 application forthcoming)
Email: [email protected]
16 [email protected] KEKER, VAN NEST & PETERS LLP
633 Battery Street
17 San Francisco, CA 94111
Zachary A. Schreiber (pro hac vice Telephone: (415) 391-5400
application forthcoming) Email: [email protected]
18 Mary K. Clemmons (pro hac vice [email protected]
19 application forthcoming) [email protected]
WEIL, GOTSHAL & MANGES LLP [email protected]
20 767 Fifth Avenue [email protected]
New York, New York 10153
21 Michael B. Merchant, WSBA No. 18721
Telephone: (212) 310-8000 Britta Warren, WSBA No. 43329
Email: [email protected] Timothy B. Crippen, WSBA No. 50391
22 [email protected] BLACK HELTERLINE, LLP
23 805 SW Broadway, Suite 1900
Counsel for Plaintiffs Washington State Portland, OR 97211
24 University and Kirk H. Schulz, in his Email: [email protected]
official capacities as the President of [email protected]
25 [email protected]
Washington State University and Chair of
the Pac-12 Board of Directors
26
27
28
MOTION FOR TEMPORARY 2
RESTRAINING ORDER
1 Counsel for Plaintiffs Oregon State
University and Jayathi Y. Murthy, in her
2 official capacities as the President of
Oregon State University and as Member of
3 the Pac-12 Board of Directors
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION FOR TEMPORARY 3
RESTRAINING ORDER

Motion For Temporary Restraining Order

Uploaded by

Copyright:

Available Formats

Motion For Temporary Restraining Order

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Motion For Temporary Restraining Order

Uploaded by

Copyright:

Available Formats

1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

2 IN AND FOR THE COUNTY OF WHITMAN

12 THE PAC-12 CONFERENCE; and GEORGE

9 in concert with them from:

13 proceeding to determine the authorized representatives of the Pac-12 Conference Board of

14 Directors under the Conference Bylaws;

15 2. Allowing, or taking any steps to allow, representatives of the ten Pac-12

20 have delivered notice of their withdrawal from the Conference.

22 accompanying Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for a

2 thereto, and all pleadings and papers of record filed herein.

3 A copy of Plaintiffs’ [Proposed] Temporary Restraining Order is filed contemporaneously

5 Dated: September 8, 2023

6 /s/ Nathan E. Deen /s/ Matthew Mensik

You might also like