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					 DISTRICT COURT, JEFFERSON COUNTY, COLORADO
 Court Address: 100 Jefferson County Parkway
                 Golden, CO 80401
 Telephone No: (303) 271-6148
 WESTERN ATHLETIC CONFERENCE, a Colorado
 nonprofit corporation,

 Plaintiff,

 v.

 CALIFORNIA STATE UNIVERSITY, FRESNO, a
 California state institution, UNIVERSITY OF NEVADA, a               COURT USE ONLY
 Nevada state institution, and MOUNTAIN WEST                       _______________________
 CONFERENCE, a Colorado nonprofit corporation,
                                                                   Case Number:
 Defendants
 Attorney for Plaintiff                                            Div.       Ctrm:
 Jon T. Bradley, #10143
 BRADLEY DEVITT HAAS & WATKINS, P.C.
 South Mesa Professional Building
 2201 Ford Street
 Golden, Colorado 80401
 Telephone Number: (303) 384-9228
 Facsimile Number: (303) 384-9231
 Atty. Reg. No. 10143
 e-mail: Jon@goldenlawyers.com
                                         COMPLAINT

       Comes now the Plaintiff, Western Athletic Conference (WAC), by and through its
attorneys, Bradley Devitt Haas & Watkins P.C., and as and for its Complaint against the
Defendants states and alleges as follows:

                                      General Allegations

         1.     Western Athletic Conference (hereinafter WAC) is a Colorado nonprofit
corporation with its principal place of business located at 9250 E. Costilla Avenue, Suite 300
Englewood Colorado, Arapahoe County, 80112. The WAC is a conference of academic
institutions which participates in NCAA Football Bowl Subdvision (FBS) athletics. This
litigation seeks declaratory relief regarding interpretation of the bylaws of the WAC. Pursuant to
Colorado Rule of Civil Procedure 98(c)1 venue and jurisdiction are proper in Jefferson County
District Court, Colorado because two of the Defendants are nonresidents of the State of
Colorado.
        2.      The current academic institutions which are members of the WAC include the
University of Hawaii, an institution of the State of Hawaii; the University of Idaho, an institution
of the State of Idaho; Louisiana Tech University, an institution of the State of Louisiana; New
Mexico State University, an institution of the State of New Mexico; San Jose State University,
an institution of the State of California; Utah State University, an institution of the State of Utah;
Boise State University, an institution of the State of Idaho; California State University, Fresno,
an institution of the State of California; and University of Nevada, an institution of the State of
Nevada.

         3.     California State University, Fresno (hereinafter Fresno) is a California state
institution located in Fresno, California. Fresno is an academic institution which participates in
FBS athletics. Fresno is currently a member of the WAC which provided its verbal notice of its
intent to withdraw from the conference on August 18, 2010 and confirmed its notice of its intent
to withdraw by letter dated August 20, 2010.

        4.     University of Nevada (hereinafter Nevada) is a Nevada state institution located in
Reno, Nevada. Nevada is an academic institution which participates in FBS athletics. Nevada is
currently a member of the WAC which provided its verbal notice of its intent to withdraw from
the conference on August 18, 2010 and confirmed its notice of its intent to withdraw by letter
dated August 24, 2010.

       5.      Boise State University has provided its notice of its intent to withdraw from the
conference prior to June 30, 2010.

       6.      The Mountain West Conference is a Colorado nonprofit corporation having its
principal place of business located at 15455 Gleneagle Drive, Colorado Springs, Colorado
80921.

        7.     The WAC and its member institutions are governed by bylaws which were most
recently amended on June 6, 2006. A copy of said bylaws are attached hereto and incorporated
herein by reference and marked Exhibit A.

        8.     According to Section 7 of the bylaws, "Any Member may withdraw from the
Conference by filing with each of the other Members and with the Commissioner of the
Conference, on or before July 1 of any year, an official notice of withdrawal, in which event the
withdrawal shall be effective the following June 30. Any withdrawing Member shall, however,
play all approved athletic competitions scheduled with the other Members in accordance with the
governing contracts unless such competitions are waived by written consent of the parties
affected."

       9.       Boise State University provided its notice of withdrawal prior to July 1, 2010.
Therefore, its withdrawal is effective June 30, 2011.

       10.     Fresno provided its notice of withdrawal after July 1, 2010. Therefore, its
withdrawal is effective June 30, 2012. A copy of the notice of withdrawal is attached hereto, and
incorporated herein by reference, and marked Exhibit B.



                                                  2
       11.     Nevada provided its notice of withdrawal after July 1, 2010. Therefore, its
withdrawal is effective June 30, 2012. A copy of the notice of withdrawal is attached hereto, and
incorporated herein by reference, and marked Exhibit C.

        12.     Fresno has indicated that it is its desire to withdraw on July 1, 2011. Withdrawal
as of July 1, 2011 would be contrary to the conditions and requirements of the WAC bylaws.

        13.    Nevada has indicated that it believes that its withdrawal is effective June 30,
2011. Withdrawal as of that date would be contrary to the conditions and requirements of the
WAC bylaws. Nevada has further indicated that it will play in the Mountain West Conference
for the 2011-2012 season. Nevada is obligated to play in the WAC for the 2011-2012 season
pursuant to the WAC bylaws.


                                      First Claim for Relief
                                       (Declaratory Relief)

       14.     The Plaintiff incorporates paragraphs 1 through 13 as if fully set forth herein.

       15.   The notices provided by Fresno and Nevada were not provided prior to July 1,
2010. Consequently, the notices are not effective for their withdrawal from the WAC until June
30, 2012.

       16.     As Members of the WAC, Fresno and Nevada are obligated to schedule
conference games in all sports as Members through June 30, 2012, and participate in the WAC
seasons for their athletics in accordance with the bylaws.

        17.    If Fresno or Nevada fail or refuse to participate as Members of the WAC through
June 30, 2012 there will be irreparable damage to the conference and its remaining members in
that scheduling will be incomplete, and participation and competition for the student athletes will
be adversely affected. There will be irreparable financial consequences in amounts that cannot
be accurately determined. The stature of the conference will be jeopardized. Television, radio
and other media contracts will be adversely affected and jeopardized.

        18.     Fresno and Nevada have indicated that they do not believe that the bylaws require
them to remain as Members of the WAC through June 30, 2012. The parties have a mature, ripe
dispute regarding the interpretation of the bylaws. Rule 57 of the Colorado Rules of Civil
Procedure provides a proper mechanism for this Court to declare the rights, status, and other
legal relations between these parties.

        19.    Plaintiff seeks a declaration from this Court that Fresno and Nevada are bound by
the bylaws of the WAC and are to remain Members of the WAC through June 30, 2012.




                                                 3
                                     Second Claim for Relief
                                        (Injunctive Relief)

        20.      Plaintiff incorporates the allegations contained in paragraphs 1 through 19 as if
fully set forth herein.

       21.     Upon information and belief, Defendants Fresno, Nevada, and the Mountain West
Conference are proceeding with the scheduling of athletic games within the Mountain West
Conference for the 2011-2012 seasons for inter-conference play between Fresno, Nevada and
Mountain West Conference schools. Such scheduling will be mutually exclusive with proper
scheduling of conference games by Fresno and Nevada in the WAC.

       22.    Unless Fresno, Nevada, and the Mountain West Conference, are restrained from
proceeding with such scheduling and unless Fresno and Nevada are ordered to comply with their
scheduling requirements with the WAC, the WAC and its remaining Members will suffer
immediate irreparable injury, including but not limited to:

                a.      Incalculable, irreparable financial harm to the remaining WAC academic
institutions and to the WAC. The ESPN contract with the WAC is subject to renegotiation. The
premature departure of Fresno or Nevada would likely cause irreparable damage to the prospect
of a reasonable renegotiation of the ESPN contract.

               b.      Impossibility to schedule football games. As Boise State has left the
conference, a void in scheduling has already been created. That void has been partially filled by
an agreement with Brigham Young University, however, the remaining six WAC Members
would be unable to find and schedule opponents for football games during the 2011 season.

               c.     Irreparable injury to the status of the WAC to receive revenue distribution
from the Bowl Championship Series (BCS). Over the last four years the WAC has been at the
number 2 spot between the five non-automatic qualified conferences. The premature departure
of Fresno or Nevada would significantly jeopardize and irreparably harm the WAC in its
expectation of revenue from the BCS.

               d.      Irreparable injury to the national stature of the conference.

               e.     The premature departure of Fresno or Nevada would irreparably interfere
with the process and prospects of finding acceptable academic institutions to join the conference.

               f.   The premature departure of Fresno or Nevada would jeopardize the
prospects of the WAC fulfilling its football bowl obligations.

        23.    There is no legal remedy that provides full, complete, adequate relief to the WAC
other than injunctive relief.




                                                  4
       WHEREFORE, the Plaintiff prays for relief as follows:

      1.     For a declaration from this Court that the effective date of the withdrawal of
Nevada from the WAC is June 30, 2012, in accordance with the bylaws.

       2.     For a declaration from this Court that the effective date of the withdrawal of
Fresno from the WAC is June 30, 2012, in accordance with the bylaws.

        3.      For an injunction against all the Defendants prohibiting them from scheduling any
athletic contests which will interfere with the scheduling of conference games between Fresno
and Nevada with the remaining WAC Members through the 2011-2012 athletic seasons.

       4.      For such other and further relief as to the Court may seem just and proper.

                                     BRADLEY DEVITT HAAS & WATKINS, P.C.
                                     Attorneys for Plaintiff



                                     /s/ Jon T. Bradley
                                     Jon T. Bradley, #10143

Plaintiff’s Address:
Western Athletic Conference
9250 E. Costilla Ave., Suite 300
Englewood, CO 80112




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