The Pac-12 and Mountain West failed to reach a mediated resolution to the poaching penalty lawsuit and are back on the litigation track, according to a filing Tuesday in the Northern District of California.
Tuesday marked the expiration of a 60-day stay of the lawsuit, which was initiated last fall by the Pac-12 over $55 million in penalties owed to the Mountain West following the announced departure of Boise State, Colorado State, Fresno State, San Diego State and Utah State next summer.
The next step? A hearing on the Mountain West’s motion to dismiss the case, with Sept. 9 as the requested date.
The Pac-12 said it “remains committed to moving forward with legal action” in a statement released Tuesday and called the poaching penalties “unlawful and intended to obstruct our ability to act in the best interests of our student-athletes and member institutions.” (Full statement below.)
A separate lawsuit, filed by Utah State, Colorado State and Boise State against the Mountain West over exit fees, was part of the unsuccessful mediation, as well, according to a source.
Despite the mediation stalemate, the potential for a settlement remains after the hearing in September. University presidents are typically wary of court trials and the discovery process.
“There’s a need to see more cards overturned in litigation,” a source said.
The Mountain West initiated conversations about mediation last winter. As the process began, the Pac-12 stated that it was “committed to engaging in mediation in good faith” but was “fully prepared to move forward with our case if we cannot reach an acceptable resolution.”
The mediation was structured to address both lawsuits:
— The Pac-12 initiated legal action over $55 million in poaching penalties that the Mountain West claimed it was owed following the announced departures of the five schools, which are scheduled to join the Pac-12 in the summer of 2026.
— A second lawsuit emerged in late 2024 when Colorado State and Utah State challenged the exit fees owed to the Mountain West as part of their planned departures. The fees are believed to carry a price tag starting at $19 million per school (approximately). Boise State eventually joined the lawsuit.
Since the mediation process began in mid-May, the Pac-12 has taken two critical steps along the road to recovery.
On June 23, the conference revealed a multi-year media deal with CBS to serve as the primary network partner. Other facets of the media rights package are expected to be finalized in coming weeks.
A week later, the Pac-12 secured its future by adding Texas State as the eighth all-sports member and thereby meeting FBS certification requirements.
The Mountain West is also seeking a media rights agreement.
Pac-12 statement in full:
“The Pac-12 Conference (Pac-12) and the Mountain West Conference (Mountain West) participated in a mediation initiated by the Mountain West on May 19, 2025, in an effort to resolve the ongoing legal dispute. While the Pac-12 engaged in the process in good faith, the mediation did not result in a resolution. Today, the Pac-12 and Mountain West have jointly requested a hearing on the pending motion to dismiss to take place on September 9, 2025.
“The Pac-12 remains committed to moving forward with legal action in response to the Mountain West’s attempt to impose so-called “poaching penalties,” provisions we believe are unlawful and intended to obstruct our ability to act in the best interests of our student-athletes and member institutions.
“We are confident in the strength of our position and remain focused on upholding the academic excellence, athletic success, and proud tradition that have defined the Pac-12 for more than a century.”
*** Send suggestions, comments and tips (confidentiality guaranteed) to wilnerhotline@bayareanewsgroup.com or call 408-920-5716
*** Follow me on the social media platform X: @WilnerHotline
