Attorney Jon B. Berry filed the motion in Jefferson County Circuit Court Tuesday requesting that an upcoming trial be rescheduled because it comes too close to the BCS National Championship game featuring Alabama and Texas.
The trial, scheduled for January 4, 2010, is just three days before Saban leads his team to Pasadena, California for the championship game.
"This case was set for trial several months ago before certain monumental events occured that were beyond the anticipation of the attorneys and clients," he wrote. In laymen's terms - No one knew Alabama would go undefeated to the national championship when the trial scheduling process started!
"One of the two great college football teams in this State has reached levels on a national scale that have not been enjoyed by any team in this State in 17 years..." he argued.
Berry cites nine reasons in his motion - advocating for himself and fellow attorneys, witnesses, the jury and even the presiding judge in the case. Most of the attorney's have tickets to the game he said before adding that witnesses were searching for tickets. Even the judge, the Honorable Jim Lloyd, would be in Pasadena to celebrate with his children, Berry explained.
And the jury? "Certainly any juror selected to participate will likely be preoccupied and not able to devote their full attention to the case..." he wrote. "The parties would be prejudiced by the distraction..."
Berry's secretary, who "is for the other great team of this State", is standing behind her boss' motion according to his filing. "She feels that I need to attend this championship game!"
The attorney finished his argument by hoping the Texas Longhorns will be defeated.
The motion is still being processed and a final ruling has not been made. WSFA 12 News will pass along the judgement as it becomes available.