CLEMSON — Clemson University will get its chance to argue that the Atlantic Coast Conference’s counter suit against it should not be heard in the state of North Carolina.

The ACC vs. Clemson is slated for July 2 in the North Carolina courts.

Clemson’s motion to speed up its case against the ACC hit a snag last Friday after the ACC filed a motion in Pickens County to argue a hearing cannot be held in South Carolina before the conference can argue on a motion to dismiss the case. Clemson’s lawyers filed a motion on May 30 requesting the Pickens County Court to a summary judgment hearing on or before July 12.

The school’s argument is that the ACC can fulfill its obligations in the ESPN contract without having to hold on to Clemson’s grant of rights (GOR).

This is the latest update in Clemson’s on-going civil suit against the ACC, which began on March 19 when Clemson filed a complaint against the conference that challenges the GOR and exit fee.

In its March 20 countersuit, the ACC said it seeks  a declaration that the withdrawal payment is a “valid and enforceable” contract term applicable to Clemson. Also, it is declaration that the plain language of the GOR means what it says, and that Clemson’s GOR is exclusive and irrevocable through the term, regardless of whether Clemson remains in the ACC or not.

Clemson asked the state of North Carolina to dismiss the case because there is no issue to argue. Clemson is not arguing the GOR are not enforceable, only that it is not enforceable after it leaves the league.

Clemson is asking the court to tell it what the contract says because the ACC and Clemson cannot agree, which is why Clemson filed for a request for Declaratory Judgement. The school claims the ACC made false claims about its scope of the GOR, in an amendment to its original complaint on March 19.

On May 3, a Pickens County judge ordered the ACC to show Clemson University its ESPN Agreements.

The school is also seeking punitive damages against the ACC, as the damages incurred to remedy the damage to Clemson’s intangible property rights caused by the ACC’s misstatements about the GOR.

Clemson filed an amendment to its original civil suit against the ACC on April 17, saying the ACC created a public misconception regarding Clemson’s media rights. Thus, interfering with the school’s opportunities with other conferences and media providers regarding future collaborations.

In essence, Clemson claims the ACC slandered its name by using the GOR Agreement to strengthen its position, while devaluing Clemson’s brand. Clemson claims the GOR is narrower than what the league claims it to be.

Clemson also disputed the ACC’s claim that it entered into a join venture with the ACC and the other member institutions.

On Tuesday, the ACC’s motion to dismiss Florida State’s lawsuit against the conference was denied on three different counts by a Florida judge. The ACC argued the case should not be heard in Florida because the conference has no business ties there.

FSU argued the case should be heard in Florida because the conference holds games there against other league members.

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