University counsel filed a motion today to dismiss the lawsuit seeking to preserve the Rose Art Museum's collection, Thomas Reilly, the University's outside counsel, wrote in an e-mail to the Justice Friday. The motion will be heard Oct. 13, Reilly wrote. When asked about the implications of filing this motion, Reilly repeated his previous assertions that this case would validate Brandeis' claim of commitment to academic excellence.

"Given the financial challenges facing not only Brandeis but colleges and universities throughout this country, something has to give. The trustees and administration of Brandeis have decided its students, faculty and educational mission come first at the expense of selling art," he wrote in an e-mail to the Justice.

The lawsuit, filed by Rose overseers Jonathan Lee, Meryl Rose and Lois Foster July 27, seeks to maintain the Rose collection by stating that the University's decision to close it and sell its paintings would violate the museum's ethical codes. The lawsuit also states that the University's decision violates its commitment to the Rose family to maintain the museum solely as a public museum.

The lawsuit was originally filed in the Supreme Judicial Court of Massachusetts and subsequently transferred to the Suffolk Probate Court in August.

The filing of the motion to dismiss the lawsuit is in compliance with the deadlines set at the case management conference Sept.1. According to those deadlines, a motion to dismiss the case must be filed by Sept. 15, and a motion to impose a preliminary injunction must be filed by Sept. 22. The first hearing is scheduled for Oct. 13.

Lee, the chairman of the Rose Board of Overseers, said in an interview with the Justice that he had expected the University to file this motion.

"I have long heard of their intent to file it," he said.

Lee said he did not believe the University would succeed in having the case dismissed, saying, "This is a question of whether the plaintiffs have the standing to bring this issue to the judicial system, and I believe that we do.