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Federal judge rules Rodriguez lawsuit belongs in West Virginia court
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bitcruncher Offline
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Federal judge rules Rodriguez lawsuit belongs in West Virginia court
ESPN.com Wrote:Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Associated Press
Updated:
February 11, 2008, 1:34 PM ET


http://sports.espn.go.com/ncf/news/story?id=3240729

MORGANTOWN, W.Va. -- The lawsuit over a $4 million buyout clause in the contract of former West Virginia University football coach Rich Rodriguez will be heard in state court.

WVU is essentially an arm of state government, not an independent agency, and lawsuits involving state government can be heard only in the state court system, U.S. District Judge John P. Bailey said Monday.

He sent the case back to Monongalia County Circuit Court in Morgantown, where it was filed Dec. 27 after Rodriguez resigned to take the head coaching job at Michigan.

His abrupt departure ended a successful seven-year run with the Mountaineers, left the team without a head coach just weeks before the Fiesta Bowl and touched off a bitter, continuing public feud.

"The university obviously agrees with the decision of the court and has always felt that the proper place for this action was the Circuit Court of Monongalia County," said WVU attorney Jeff Wakefield. "We believe the Circuit Court will be very fair in its consideration and handling of this matter."

Rodriguez attorney Marv Robon could not immediately be reached for comment.

Rodriguez unsuccessfully argued that he and wife Rita were already residents of Michigan on the day the lawsuit was filed, offering the court a townhouse lease agreement and Michigan driver licenses as proof. They argued it made the case an interstate matter that should be heard in federal court.

Bailey, however, said the residency issue was irrelevant because of the state's clear jurisdiction.

Both statute and case law show the university "can hardly be said to be autonomous," Bailey wrote.

Among his 12 reasons for declaring WVU the "alter ego" of state government were: 12 of the 18 members of the Board of Governors are appointed by the governor; money can be withdrawn from WVU accounts only via checks issued by the state treasurer; and all university property is considered the property of the state.

Bailey also noted that university employees are state employees with salaries set by law, and that all tuition and fees must be certified by the state auditor.

His ruling said it's clear the outcome of the case will have an impact on state funds because any money paid to or held by the university is considered state money.

Rodriguez claims any buyout funds that are recovered would go to the school's private fundraising entity, the WVU Foundation, because that's what happened with a settlement reached in a buyout dispute with former basketball coach John Beilein.

Beilein, who also went to Michigan, ultimately agreed to pay the WVU Foundation $1.5 million.

"This court will not consider what may have transpired as part of an agreed settlement with respect to Coach Beilein," Bailey wrote.

"The contract in question, under which the 'buyout' moneys are sought, is a contract between Coach Rodriguez and the West Virginia University Board of Governors," he wrote. "That contract, assuming that it is valid and enforceable (an issue not presently before this court), requires Coach Rodriguez to pay the money to the university."

WVU argues it's owed the full $4 million because Rodriguez broke his contract early.

Rodriguez, however, has repeatedly claimed WVU broke the terms of his contract first by failing to honor a variety of verbal promises, including one to reduce or eliminate the buyout.

WVU denies such a promise was made and insists it was working to accommodate the coach's demands when he quit.

The next step in the case likely will be WVU's response to a counterclaim Rodriguez filed, arguing the WVU Foundation should be made a party to the lawsuit.

The foundation, which had been run in part by WVU President Mike Garrison's chief of staff, Craig Walker, is not legally obligated to open its books to public scrutiny under ordinary circumstances.

But it funnels money from boosters to WVU athletic programs, and Rodriguez contends a review of those books is the only way to prove whether the university has been harmed by his departure.

Copyright 2008 by The Associated Press
Oops. That shoots a big hole in the defense's case. No change of venue.
(This post was last modified: 02-11-2008 02:08 PM by bitcruncher.)
02-11-2008 02:07 PM
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WacoBearcat Away
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Post: #2
RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Rich Rod better get his accountants working overtime, because he is going to have to come up with four million large. 04-jawdrop
02-11-2008 02:12 PM
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gdayre Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
WacoBearcat Wrote:Rich Rod better get his accountants working overtime, because he is going to have to come up with four million large. 04-jawdrop

Are you kidding me, he better fire those accountants and save that money to pay his bills. like a 4 million dollar bill. lol
02-11-2008 02:41 PM
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bitcruncher Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
You got to pay the cost to be the boss. 07-coffee3
02-11-2008 03:33 PM
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Jugnaut Offline
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Post: #5
RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
bitcruncher Wrote:
ESPN.com Wrote:Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Associated Press
Updated:
February 11, 2008, 1:34 PM ET


http://sports.espn.go.com/ncf/news/story?id=3240729

MORGANTOWN, W.Va. -- The lawsuit over a $4 million buyout clause in the contract of former West Virginia University football coach Rich Rodriguez will be heard in state court.

WVU is essentially an arm of state government, not an independent agency, and lawsuits involving state government can be heard only in the state court system, U.S. District Judge John P. Bailey said Monday.

He sent the case back to Monongalia County Circuit Court in Morgantown, where it was filed Dec. 27 after Rodriguez resigned to take the head coaching job at Michigan.

His abrupt departure ended a successful seven-year run with the Mountaineers, left the team without a head coach just weeks before the Fiesta Bowl and touched off a bitter, continuing public feud.

"The university obviously agrees with the decision of the court and has always felt that the proper place for this action was the Circuit Court of Monongalia County," said WVU attorney Jeff Wakefield. "We believe the Circuit Court will be very fair in its consideration and handling of this matter."

Rodriguez attorney Marv Robon could not immediately be reached for comment.

Rodriguez unsuccessfully argued that he and wife Rita were already residents of Michigan on the day the lawsuit was filed, offering the court a townhouse lease agreement and Michigan driver licenses as proof. They argued it made the case an interstate matter that should be heard in federal court.

Bailey, however, said the residency issue was irrelevant because of the state's clear jurisdiction.

Both statute and case law show the university "can hardly be said to be autonomous," Bailey wrote.

Among his 12 reasons for declaring WVU the "alter ego" of state government were: 12 of the 18 members of the Board of Governors are appointed by the governor; money can be withdrawn from WVU accounts only via checks issued by the state treasurer; and all university property is considered the property of the state.

Bailey also noted that university employees are state employees with salaries set by law, and that all tuition and fees must be certified by the state auditor.

His ruling said it's clear the outcome of the case will have an impact on state funds because any money paid to or held by the university is considered state money.

Rodriguez claims any buyout funds that are recovered would go to the school's private fundraising entity, the WVU Foundation, because that's what happened with a settlement reached in a buyout dispute with former basketball coach John Beilein.

Beilein, who also went to Michigan, ultimately agreed to pay the WVU Foundation $1.5 million.

"This court will not consider what may have transpired as part of an agreed settlement with respect to Coach Beilein," Bailey wrote.

"The contract in question, under which the 'buyout' moneys are sought, is a contract between Coach Rodriguez and the West Virginia University Board of Governors," he wrote. "That contract, assuming that it is valid and enforceable (an issue not presently before this court), requires Coach Rodriguez to pay the money to the university."

WVU argues it's owed the full $4 million because Rodriguez broke his contract early.

Rodriguez, however, has repeatedly claimed WVU broke the terms of his contract first by failing to honor a variety of verbal promises, including one to reduce or eliminate the buyout.

WVU denies such a promise was made and insists it was working to accommodate the coach's demands when he quit.

The next step in the case likely will be WVU's response to a counterclaim Rodriguez filed, arguing the WVU Foundation should be made a party to the lawsuit.

The foundation, which had been run in part by WVU President Mike Garrison's chief of staff, Craig Walker, is not legally obligated to open its books to public scrutiny under ordinary circumstances.

But it funnels money from boosters to WVU athletic programs, and Rodriguez contends a review of those books is the only way to prove whether the university has been harmed by his departure.

Copyright 2008 by The Associated Press
Oops. That shoots a big hole in the defense's case. No change of venue.

He can still get a change of venue to another area of WVU if there's prejudice...which I'm sure their is. Maybe he can have it transferred to Huntington. He just can't have it removed to Fed. Court.
02-11-2008 03:41 PM
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Wilkie01 Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
03-nutkick Bend over and bite the bulliet, Rod! 02-13-banana
02-11-2008 05:52 PM
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CatsClaw Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Now ain't that a b*tch.
(This post was last modified: 02-11-2008 07:14 PM by CatsClaw.)
02-11-2008 07:13 PM
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Tigeer Offline
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Post: #8
RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
WVU vs. UM in the BCS; that is what I hope for, but first thing first - UoM NCAA champs.
02-11-2008 10:02 PM
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panite Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
I hope WV gets the full amount plus their legal expenses. It apears that Rich Rod really turned into a real Dick Rod. I hope he gets it stuck to him all the way. I really don't care that he has moved on. It is the way he moved on and the way he continually drags the school through the mud that basically gave every thing they could give to him.

He signed the contract for the 4 million buy out now pay it and every cent it takes to collect it too.05-mafia 03-nutkick 04-rock 04-jawdrop 02-13-banana 05-stirthepot
02-11-2008 10:33 PM
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Wilkie01 Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Spot on!04-cheers
02-11-2008 11:20 PM
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chrisRU Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Let's say UM offers a series with WVU in an effort to reduce the buyout as part of a settement to a lawsuit. If so, how would WVU fans feel about this?
02-11-2008 11:47 PM
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Brick City Pirate Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
He better hope there are a lot of Marshall fans on the jury.
(This post was last modified: 02-12-2008 08:29 AM by Brick City Pirate.)
02-12-2008 08:28 AM
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DIP WV Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
Brick City Pirate Wrote:He better hope there are a lot of Marshall fans on the jury.

Haha, not in Mon County.
02-12-2008 11:33 AM
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bitcruncher Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
I'd charge back interest from the day the money was due - plus court costs, legal expenses - and a bit extra for some nuisance value.
02-12-2008 12:28 PM
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
bitcruncher Wrote:I'd charge back interest from the day the money was due - plus court costs, legal expenses - and a bit extra for some nuisance value.


:iagree: :noisycricket:
02-13-2008 12:11 AM
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bitcruncher Offline
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RE: Federal judge rules Rodriguez lawsuit belongs in West Virginia court
The Charleston Gazette Wrote:Rodriguez death threats investigated
By Mitch Vingle
Sports Editor
February 13, 2008


AN ASPECT to the Rich Rodriguez-West Virginia divorce that's long bugged me centers on the coach's claims of harassment and death threats.

Those aren't issues one takes lightly. Those aren't issues one simply blows off. If your life and/or family are threatened, you get the authorities involved. Now.

Yet there's been no word on formal complaints from Rodriguez.

Until now.

When reached Tuesday, Monongalia County Sheriff Joseph C. Bartolo said his office is indeed investigating the situation.

"We're now checking into it," Bartolo said. "We've had information faxed to us by the [West Virginia] state police and FBI. I'm giving it to my investigative unit.''

Bartolo called the forwarded information "very vague'' but said Lt. Walter Fumich would head an investigation.

The sheriff said he's not aware of any complaints received by his office from Rodriguez, who lived outside of Morgantown in the Cheat Lake district.

* * *

More than a few tidbits surfaced after U.S. District Judge John P. Bailey sent WVU's lawsuit against Rodriguez back to the Monongalia County Circuit Court.

First, WVU won the round, but did not recover the expenses involved because Bailey ruled "the removal was not done in bad faith.'' The school's lawyers, though, claimed Rodriguez's representatives knew all along the case would be remanded.

Second, according to the Michigan Daily newspaper, Rodriguez still hasn't signed a contract with the University of Michigan. A "letter of intent'' was signed two months ago, but not the final contract. Sound familiar?

Also, according to the Detroit News, Rodriguez's lead attorney, Marv Robon, said in an interview last week that, "I don't think we can ever get a fair trial in Morgantown.''

The guess is Robon didn't stay in a Holiday Inn Express the night before uttering that gem. Considering the trial is now scheduled to be held in Morgantown, it's an "oops'' of the first order. (Yes, by the way, I do expect Robon to petition for a change of venue. No, I don't expect him to be successful. It's tough enough to get a criminal case moved. It's brutally tough to get a civil case moved.)

And while on the point, Rodriguez and Robon must seriously believe public relations spin is necessary. Otherwise, why, with the case pending, would they grant so many interviews? Isn't that a no-no?

Marshall athletic director Bob Marcum, for one, certainly believes silence is golden. Back in 1989, Marcum was dismissed as the athletic director at the University of South Carolina. That school's president said a drug-testing program, which was under Marcum's supervision, was a sham. Accusations flew. But Marcum held his tongue.

And then he won nearly $250,000 in damages against USC. A court found he'd been dismissed unjustly.

"Common sense,'' Marcum said Tuesday. "It doesn't take long to figure out sports writers aren't on a jury.

"There wasn't any sense commenting on it. I saved it for another day.''

* * *

One group not saving its opinion for another day has opened the Web site www.PayUpRich.com.


"Rich Rodriguez is trying to smear WVU in order to weasel out of his contractual obligation to pay his buyout," claims the site, which offers a petition to sign as well as T-shirts and yard signs demanding the former Mountaineer coach pay up.

The idea is to rake in donations to "buy enough signs to force Rich to pay up!''

The hunch from here, however, is neither Rodriguez nor his lawyers will listen to sign language.

* * *

And finally . . .

According to ESPN reporter George Smith, the Rodriguez-West Virginia saga will be the centerpiece of the network's show "Outside the Lines'' at 9:30 a.m. Sunday.

Among those interviewed were WVU supporters Tom Kleeh, a Charleston lawyer, and Mike Smith, a Charleston car dealer. Also, the Gazette's Dave Hickman and other members of the media were filmed. Smith said he also landed an interview with Rodriguez, part of which has already been aired on ESPN.

"[Rodriguez] did get emotional,'' said the network reporter. "We talked for about 40 to 45 minutes. And he acknowledged there are things he would have done differently, like meeting with [WVU athletic director Ed] Pastilong.''

Instead of meeting with Pastilong and delivering his letter of resignation, Rodriguez had a graduate assistant give it to the AD.

George Smith said no WVU official would appear on camera for the 7-8 minute piece.

To contact sports editor Mitch Vingle, send e-mail to mitchvingle@wvgazette.com or call (304) 348-4827.
(This post was last modified: 02-13-2008 05:49 PM by bitcruncher.)
02-13-2008 05:38 PM
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