We just received Judge Lucas' ruling on the Aug 30, 2012 hearing. It was interesting that BCS has already filed their new action- it pretty much telegraphed that even they understood that their efforts to tie the 2012-13 offer to the 2009-10 case was a procedural long shot. In any case, though, Judge Lucas did go forward and issue a ruling. She determined that the 2012-13 offer is a distinct legal offer, and that it would need to be evaluated on the merits, and therefore afforded the standard of review that provides some level of deference to the District. This is all good news, and consistent with what the District had argued in our motions.
Since BCS has already filed their new complaint, that process is underway. I'll provide updates to that as they come along.
Here's the ruling for those who are interested.
Order Denying Motion to Compel