You may be right that Wisconsin is willing to litigate, but I’d be surprised if they would get text messages. This thing would effectively be resolved at a preliminary injunction hearing. The attorney would file a motion for a preliminary injunction with the complaint and a hearing would happen pretty quickly. While a judge is likely to allow some expedited discovery prior to the hearing, the scope of discovery would likely be fairly limited and I don’t know how the text messages would be relevant to the relief sought.
Xavier’s attorney is probably doing everything possible to avoid this because getting a preliminary injunction is a fire drill and it costs a lot of money. In this situation his attorney is probably not admitted in Wisconsin and it takes some time to get admitted pro hac vice so you’re paying multiple attorneys. And then you basically have a mini bench trial. Could easily cost $100k or more. Thus, exhausting your options by trying to get the NCAA to intervene is the smart play, but the clock is ticking.