Blumenthal set for discovery

By JOE MARCHILENA

The attempt to prohibit the Atlantic Coast Conference from expanding took another twist last… The attempt to prohibit the Atlantic Coast Conference from expanding took another twist last Thursday, thanks to Connecticut Attorney General Richard Blumenthal.

On June 12, Blumenthal filed a motion in Hartford Superior Court to expedite discovery in the lawsuit against Miami, Boston College and the ACC, which was filed on June 6 by Pitt, Rutgers, Virginia Tech, West Virginia and Connecticut. The motion, if granted, would force the three defendants to produce documents and give depositions much sooner than would normally occur.

The motion seeks a variety of documents, dating back to Jan. 1, 1997, from the three defendants, as well as Syracuse and the ACC’s member schools. Despite also considering leaving the Big East for the ACC, Syracuse was not listed as one of the defendants in the lawsuit.

“Our legal cause remains clearly urgent and immediate,” Blumenthal told ESPN.com. “In two separate letters, we gave the defendants a chance to voluntarily cooperate with our discovery request. They have provided no acceptable response.”

Among the requested documents are:

* The ACC’s plans to expand its conference membership to other schools.

* Plans by the defecting schools to leave the Big East.

* Any Big East member’s intentions to remain, or not remain, in the conference.

* Efforts by any of the defecting schools, the ACC or any current ACC member to persuade any other Big East schools to depart from the Big East.

* The future composition of the Bowl Championship Series or the potential impact of any conference realignment on the BCS, including any potential impact on television contracts or rights.

* Any studies of the impact, financial or otherwise, on the ACC, Big East, or any member school of either conference or any Big East schools joining the ACC.

* Any direct or indirect communications between or among the ACC, any of its member schools, the defecting schools or any television or broadcast network regarding any potential impact of any conference realignment on the ACC or Big East.

“We say, in our lawsuit, that these defendants deliberately schemed to destroy the Big East and take for themselves the value of what has been created if the Big East loses its stature in the BCS or disbands,” Blumenthal said. “We want these schools and the ACC to pay for false statements that they knowingly made that we would rely on.”

Blumenthal was not the only one adding his name to the lawsuit on Thursday, as Virginia Attorney General Jerry Kilgore joined in the lawsuit, siding himself with Virginia Tech rather than ACC member Virginia.

Kilgore’s decision could become even more important because Virginia president, John T. Casteen III, is believed to still be unsure about the conference’s plans for expansion. The ACC needs seven of its nine schools to vote for expansion; Duke and North Carolina are reportedly against it.

While the ACC members will vote on adding all three Big East teams before the end of the month, it is likely that the conference will settle for expanding by adding only Miami. By doing that, the ACC would add to its football prestige by having two national powers, with Florida State being the other.

The Big East would probably accept losing one school because it is likely that Louisville would replace Miami. This way, the conference would be able to keep its BCS bid and would improve its standing in basketball. It is also possible that the Big East would try to expand to 16 teams for basketball by adding Marquette and Xavier, as well.

If Syracuse and Boston College do join Miami in the ACC, it is likely that the Big East would try to replace them with Louisville and two of the following four schools: East Carolina, Cincinnati, South Florida or Central Florida.

If the ACC votes against expansion – or if the Big East is able to find replacements for Miami, Boston College and Syracuse – the lawsuit would stand, according to Blumenthal.

“We would still hold accountable Boston College and Miami and the ACC for the costs [of rebuilding the conference],” he said. “There is no assurance as to what they will do at this point.”

The lawsuit claims that both Miami and Boston College made promises to remain in the Big East, prompting other members to spend “hundreds of millions of dollars” on new or expanded facilities. UConn spent $90 million on its new football stadium, while Pitt spent $100 million on the Petersen Events Center.

“The cost of the stadium and the upgrading of the [UConn] football team was done on false promises,” Blumenthal added. “The other schools have similar damages and each upgraded their facilities.”