South Dakota State and the South Dakota Board of Regents is looking to keep its lawsuit against the NCAA in state court.

Attorney General Marty Jackley and the BOR, on behalf of SDSU and USD has filed a motion seeking to have its lawsuit heard in South Dakota instead of federal court.

“For a case to be moved to federal court, the federal court must either have original jurisdiction or involve significant federal issues, and the NCAA fails to satisfy either requirement,” Jackley said. “We believe this case should remain in state court, regardless the NCAA settlement is unfair to smaller universities and female athletes.”

The lawsuit comes after a $2.8 billion settlement between “Power Four” conferences and the NCAA.

In the complaint, the state said the settlement forces smaller schools like the South Dakota schools to cover too much of the settlement costs.

South Dakota’s full response to the NCAA can be found here.