There has been some discussion here about why ESPN has not filed a motion to intervene in the FSU case(s). If I had a client with an interest in a matter, there is no way I would advocate wasting money trying to intervene in a case in which a motion a motion to dismiss has been filed as it makes more sense to allow the original parties/court determine whether and where the litigation is going to move forward before becoming involved. (also, it is unlikely the court would consider the motion to intervene until after deciding the motion to dismiss). Sometime in litigation, patience is actually a virtue.