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Paterno family, others given two weeks to defend suit against NCAA

Aug. 22, 2013 at 2:16 PM

STATE COLLEGE, Pa., Aug. 22 (UPI) -- The family of late Penn State football Coach Joe Paterno and others have two weeks to say why their lawsuit against the NCAA shouldn't be tossed, a judge says.

Judge John Leete has given the plaintiffs until Sept. 6 to respond to objections to the suit filed by the college sports organization, which has sanctioned Penn State in connection with former assistant coach Jerry Sandusky's child sex abuse conviction, the Centre Daily Times reported Wednesday.

Others who filed the suit asking for the sanctions to be erased include five Penn State trustees, former players and coaches and several faculty members.

Claiming allegations in the suit are "baseless," the NCAA cited several objections in asking the court to dismiss the legal action.

A major objection is that Penn State is not a party to the suit. University President, Rodney Erickson signed the consent decree agreeing the sanctions, the NCAA said, and none of the plaintiffs were parties to the agreement.

The lawsuit also lacks merit in other claims, the NCAA said in written arguments, such as whether Paterno's name was tarnished by the decree.

Leete set a hearing for Oct. 29 on the objections.

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