USC lost a round in court Tuesday when a judge ruled that attorneys for 2005 Heisman Trophy-winning running back — and East County native — Reggie Bush can seek discovery ahead of an important ruling in his lawsuit, which seeks compensation for his name, image and likeness when he played for the Trojans.
In a ruling Tuesday, Judge Colin Leis said that despite USC’s confidence that Bush’s case will be dismissed during a Nov. 7 hearing and the university’s concern that allowing discovery before then will be costly and weighty, Bush is still entitled to ask for the discovery he wants.
“Defendants do not provide, among other things, any evidence detailing the amount of time their search would take nor the number of files they will need to review,” the judge said. “Therefore, defendants have not met their burden to show that plaintiff’s discovery request is unduly burdensome and expensive.”
Discovery is the process of exchanging information and evidence between parties involved in a legal case before a trial. Like the case’s co-defendant, the NCAA, USC maintains that Bush’s claims are barred by the statute of limitations.
The Los Angeles Superior Court complaint contends that USC, Pac-12, and NCAA profited greatly from television contracts, merchandise sales and media rights stemming from Bush’s football career, for which he was not compensated due to NCAA regulations at the time.
“And while Bush received the accolades, defendants NCAA, USC, and the Pac-12 Conference received all the money. Millions upon millions of dollars of money, all derived directly from Reggie Bush’s name, image and likeness. To this day, all defendants continue to profit from Reggie Bush’s name, image, and likeness without compensating Bush one penny.”
Bush’s hard work as a college athlete “translated into billion-dollar television deals, multi-million-dollar coaching salaries, extravagant facilities, and lucrative commercial licensing and sponsorship agreements that greatly benefit the NCAA, USC and the Pac-12,” the suit filed Sept. 23 states.
Bush, now 39, helped lead USC to two national championships when he played for the Trojans from 2003 to 2005. He was born in Spring Valley and played for Helix High School in La Mesa.
Bush’s Heisman was stripped from him in 2010 amid an improper benefits scandal — but in April, The Heisman Trust announced it was returning the honor to him. The organization said it was making a formal “reinstatement” of the trophy to Bush in response to what it called “enormous changes in the college football landscape,” specifically rule changes allowing players to land lucrative endorsement deals and payment for the use of their name and image.
Bush is still pursuing a defamation suit against the NCAA, stemming from the organization’s comments that he had been involved in a “pay-for-play” situation.
Elizabeth Ireland contributed to this article.
