Big East will seek dismissal of WVU lawsuit Dec. 5

The Big East will seek dismissal of a West Virginia University lawsuit aimed at invalidating conference bylaws and speeding up the Mountaineers' departure.

Attorney Benjamin Block says he'll file the motion to dismiss Monday in Monongalia County Circuit Court.

The Big East wants Judge Russell Clawges to dismiss the case or put it on hold while a parallel lawsuit plays out in Rhode Island.

WVU attorney Stephen LaCagnin says West Virginia wants the case resolved by June 30. The Mountaineers need to know if they'll be forced to remain in the Big East or can go to the Big 12 in 2012.

WVU argues it should be allowed to leave now because the Big East breached its fiduciary duty by failing to maintain a balance between football-playing and non-football members.