Reznet

Goodbye Fighting Sioux?

By The Associated Press

GRAND FORKS, N.D. (AP) — A court-ordered pause in attorney document requests related to a lawsuit against the NCAA over the University of North Dakota's Fighting Sioux nickname is not being extended.

Northeast Central District Judge Lawrence Jahnke issued the order in July, directing attorneys on both sides to stop discovery in the lawsuit until Aug. 19 and urging them to settle the dispute out of court. Discovery is the process attorneys use to demand information from each other during legal proceedings.

Liz Brocker, a spokeswoman for the North Dakota attorney general's office, confirmed the halt in discovery proceedings will not be extended.

Attorney General Wayne Stenehjem declined to say whether settlement talks will continue after the discovery process resumes. NCAA spokesman Bob Williams said the association will continue settlement talks if UND is willing.

The NCAA considers UND's nickname "hostile and abusive" to American Indians and has said UND may not host postseason tournaments or use the nickname as a tournament participant. UND's lawsuit challenges the process the NCAA used to arrive at its conclusion.

Jahnke has urged both UND and the NCAA to resolve the case before a trial that is scheduled to begin Dec. 10.

Out of 20 schools with Indian nicknames that were subject to the NCAA restrictions, UND is the only school still fighting the policy. All other schools on the list have either stopped using Indian imagery or won an NCAA waiver, usually by gaining the support of a nearby namesake Indian tribe.

UND won a preliminary injunction in November 2006 allowing the school to retain its nickname and logo without consequences until its case goes to trial.