Federal motion to reconsider filed in Goose Creek disqualification case

Student's attorney tries to explain what happened with paperwork mishap after injunction denied.

GOOSE CREEK, S.C. (WCIV) -- Attorneys for the Goose Creek student who filed an injunction against the Gators' disqualification by the S.C. High School League have filed yet another motion with the federal courts.

The 'motion to reconsider' claims that while their initial injunction was dismissed on Friday because the defendant (the SCHSL) says they weren't properly served, a fax was sent to the defendant's lawyer and to a man they believed to be the league's "registered agent."

Attorneys say that registered agent, however, hasn't been with the league since he resigned in 2005 and that the information was never updated with the Secretary of State's office which is where the plaintiff's attorneys got their information.

Why they failed to check the league's website or call Goose Creek officials for the name of the current league director's name is unclear.

The claim states: "Instead of acknowledging the point that the registered agent's information may have been incorrect for over seven years, Defendant's counsel simply relied upon service as a technical defense at the hearing."

They also state that since the defendant's counsel was at the hearing on Friday, it's evident that they were properly notified of the proceeding.

As of Monday afternoon, no hearing to consider the new motion has been scheduled.

Attorney Jason Moss said he was hopeful they could get the student's eligibility reinstated for the basketball season.