MORGANTOWN, W.Va. -- The lead lawyer for West Virginia University in its lawsuit against former head football coach Rich Rodriguez said today that a tentative settlement has been reached in the case.
Tom Flaherty said the agreement calls for the university to receive all of the $4 million that Rodriguez agreed to pay the school if he left his contract early.
Flaherty said the settlement was reached between lawyers for both sides and a mediator just before midnight.
The settlement won't be final until the full WVU Board of Governors approves the terms, Flaherty said.
"I've got a high level of confidence that it will get done today," Flaherty said.
If nothing happens before 3 p.m., several aspects of the case will continue.
A Michigan judge is set to rule at that hour on a petition WVU filed to issue subpoenas to UM president Mary Sue Coleman and Athletic Director Bill Martin. WVU attorney Jeff Wakefield said the legal route became necessary after previous requests for Coleman and Martin to voluntarily subject themselves to depositions were denied.
"They took the position that they don't possess any knowledge or any information relevant to the lawsuit," Wakefield said. "We think otherwise. Obviously, there were meetings between the athletic director and the president and Mr. Rodriguez and his representatives before Mr. Rodriguez accepted their job offer."
WVU continues to work on dates to depose Rodriguez's wife, Rita, and financial advisor, Mike Wilcox. Wakefield said Wilcox will be served a subpoena Aug. 15 if the sides cannot agree to a date. Previous depositions for both were canceled because of mutual scheduling conflicts.
WVU also wants to depose former video coordinator Dusty Rutledge, who is now an administrative assistant at UM. Depositions have revealed Rutledge overheard the conversation between Rodriguez and WVU President Mike Garrison the night before Rodriguez resigned. Rutledge has publicly opposed Garrison's rendition of the conversation. Wakefield said WVU is interested in finding out exactly what Rutledge knows in sworn testimony.
No recording of the conversation exits.
"We have asked repeatedly in written discovery requests if there are any recordings Mr. Rodriguez and his representatives have or are or aware of and they have repeatedly denied that there are any," said Wakefield, who added a recording would be inadmissible if one suddenly appeared.
Rodriguez claims he was fraudulently induced into signing his contract when Garrison promised to remove or reduce the $4 million buyout. WVU disagrees and disputes Rodriguez's assertion he was forced out. The attorneys believe they can prove Rodriguez wanted to leave and take the job at UM, which is where Coleman and Martin come into play.
"We can demonstrate he wasn't forced out at WVU and he took the Michigan job because that's what he wanted," Wakefield said. "We hope to find out what President Coleman and Athletic Director Martin know and we want to know what discussions occurred about Mr. Rodriguez's contract with (WVU), in particular the provision in the contract that required him to pay the $4 million liquidated damages clause."
Rodriguez's agent, Mike Brown, said in his deposition he contacted UM first on Dec. 11. A meeting with Rodriguez and Coleman and Martin followed three days later in Toledo, Ohio. WVU believes part of the negotiations included an agreement between Rodriguez and UM that would require the school to handle some or all of the $4 million, which would then prove Rodriguez knew he was legally bound to that provision.
Monongalia County Circuit Court Judge Robert Stone ruled last month Rodriguez was to submit unredacted drafts of the term sheet he signed with UM. WVU believes blacked-out portions of the draft explain how UM will address the buyout.
The drafts were due Tuesday. WVU didn't have them late Tuesday night, but was aware of what the drafts contained.
--Contact sportswriter mike Casazza at
[email protected] or 319-1142.
