TCU officials and former track and field team member Jacob Hernandez are negotiating out of court to settle a lawsuit filed by Hernandez following TCU’s refusal to grant his release for a transfer to the University of Texas, a court official said.On Nov. 8, Hernandez filed an agreement, a Rule 11, to negotiate the lawsuit he filed, according to the Tarrant County District Clerk’s Office.
Hernandez is suing TCU for his release to compete at Texas and for necessary attorney fees and costs, according to the lawsuit.
The lawsuit was filed by Hernandez on Aug. 2, and TCU filed a response to the lawsuit Sept. 26.
Hernandez has already transferred to Texas and is practicing with the team but is not eligible to compete until he is released by TCU.
Hernandez could not be reached for comment.
Hernandez’s attorney, Shelby Sharpe, was also unavailable for comment.
Robert Nicoud, a bankruptcy and business attorney located in Dallas, said two lawyers often reach an informal agreement during a lawsuit.
“There is usually a time limit to answer questions,” Nicoud said. “The agreement is used to allow more time.”
Nicoud said it was common for lawyers to reach an agreement on the time when certain documents should be filed, but in order for the deadline to be enforced, there has to be a written agreement.
“Sometimes during these conversations, lawsuits are settled,” Nicoud said.
TCU’s attorney, Robert Ginsburg, could not be reached for comment.
In an e-mail, Chancellor Victor Boschini declined to comment on the lawsuit.
Nicoud said there is not a specific deadline when both parties have to come to an agreement, but everything depends on the judge.
“Some judges will allow negotiations to go on as long as the parties want,” Nicoud said. “Others will try to force a resolution by refusing to delay hearing dates, trial, etc.”