NCAA, power conferences release statement after judge delays final approval of House settlement

After Judge Claudia Wilken delayed final approval of the House v. NCAA settlement due to roster limits, the NCAA and power conferences released a statement on the decision. Wilken gave attorneys two weeks to modify the agreement, otherwise she will deny final approval.

In her order Wednesday, Wilken called for changes to the settlement’s verbiage around roster limits. That aligns with concerns she expressed during the final approval hearing earlier this month when she suggested potentially phasing in the roster limit changes and grandfathering spots for current athletes.

The NCAA’s attorneys stood by the need for the current limits and cited “disruptions” that would come with changing the settlement. In a statement Wednesday, the NCAA and power conferences said they were “reviewing” the order.

“We are closely reviewing Judge Wilken’s order,” the statement read. “Our focus continues to be on securing approval of this significant agreement, which aims to create more opportunities than ever before for student-athletes while fostering much-needed stability and fairness in college sports.”

Under the House v. NCAA settlement, proposed rosters include football (105), men’s and women’s basketball (15), baseball (34), men’s and women’s soccer (28), softball (25) and volleyball (18). Schools around the country started to prepare for such changes to go into effect, which is why the NCAA argued altering the language would create issues.

Additionally, athletes across the country have been told to either enter the transfer portal or not to enroll as a result of the roster limits that would go into place under the settlement. Now, they could potentially have spots on rosters if the agreement does not receive approval.

More on the House v. NCAA settlement order

During the April 7 hearing in the U.S. District Court for the Northern District of California, Wilken told attorneys for both the plaintiffs and NCAA to address her concerns about roster limits within one week. Lawyers then filed a supplemental brief, but did not change the verbiage around roster limits after Wilken suggested phasing them in or grandfathering athletes currently on rosters.

In her order issued Wednesday, Wilken said she would deny settlement approval if the roster limit changes are not made. She added that while the settlement received preliminary approval, that did not mean final approval was a certainty.

“The Court finds that the decision by Defendants and NCAA member schools to begin implementing the roster limits before the Court granted final approval of the settlement agreement is not a valid reason for approval of the agreement in its current form despite the harm discussed above,” Wilken wrote. “Any disruption that may occur is a problem of Defendants’ and NCAA members schools’ own making. The fact that the Court granted preliminary approval of the settlement agreement should not have been interpreted as an indication that it was certain that the Court would grant final approval.”

Steve Berman – managing partner and co-founder of Hagens Berman who represents the plaintiffs – addressed Wilken’s decision after her order was released. In a statement to On3, Berman vowed to “work hard” to address the concerns about roster limits.

“We appreciate the court’s guidance and thoughtful review of this monumental case,” Berman said. “We are pleased that the court has rejected all of the objections but the roster issue, and we will work hard to convince the NCAA and the conferences to address the court’s concerns. If we are unable to do so, then we are off to trial and we will return to fighting the NCAA in court with next steps.

“Our clients – hundreds of thousands of hardworking NCAA college athletes – know that greatness is not achieved overnight, and that results come from years of determination. Our firm brings the same fight to the courtroom as our clients bring to the court, and we are not finished with the NCAA.”