Rich Rodriguez (official thread of last laughs)

[LightningRod]

The offer doesn't surprise me. This case is being fought in the press as well as in the courts. Each side is attempting to get its story out in the media to the potential jurors that its position is the correct position. The defense team is probably trying to mitigate if not eliminate prejudgment interest and cost assessments in case it loses. Good faith offers to settle are taken into account when deciding these matters post verdict.

Addressing the federal court's jurisdiction, RR's lawyers missed the boat on the removal petition. Because the nature of this case does not involve the constitution, laws or treaties of the US, the federal court's jurisdiction is proper only if RR can prove (he bears the burden of proof on this issue) that the lawsuit involves Citizens of a State against Citizens of another State (otherwise known as diversity of citizenship jurisdiction). RR's attorneys did not set forth an affirmative statement in he removal petition that RR was a citizen of Michigan when he was served with process. The other problem with federal jurisdiction in this case is that a State and its alter ego is not considered a Citizen for purposes of determining this diversity of citizenship jurisdiction. There are a few 4th Circuit opinions holding that state universities are alter egos of a state for diversity purposes. I would expect a ruling on this issue in a few weeks, especially if the judge is inclined to remand the case to state court. Judges are like you and me - why do something when we can pass it off to somebody else.

 

[sandgk]

So, LightningRod, with the case still in the State of West Virginia (albeit it presently in Federal Circuit) what you are basically saying is that RR is Screwed Blue and Tattooed.

 

[LightningRod]

The jury pool for the federal court covers a wider geographic area than the jury pool for the county court. In either case both sides are attempting to *educate* (taint) the potential jurors. When the court's jurisdiction is finally resolved, I would expect the presiding judge to place a gag order on the parties to stop the nonsense. This may be one of those cases where it will not matter where the case is tried because the entire state populace is up in arms. Perhaps RR's attorneys will make a motion to change venue to southern WV where at least there might be some VaTech fans living in WV who might actually remain neutral.

 

[methomps]

The offer doesn't surprise me. This case is being fought in the press as well as in the courts. Each side is attempting to get its story out in the media to the potential jurors that its position is the correct position. The defense team is probably trying to mitigate if not eliminate prejudgment interest and cost assessments in case it loses. Good faith offers to settle are taken into account when deciding these matters post verdict.

Addressing the federal court's jurisdiction, RR's lawyers missed the boat on the removal petition. Because the nature of this case does not involve the constitution, laws or treaties of the US, the federal court's jurisdiction is proper only if RR can prove (he bears the burden of proof on this issue) that the lawsuit involves Citizens of a State against Citizens of another State (otherwise known as diversity of citizenship jurisdiction). RR's attorneys did not set forth an affirmative statement in he removal petition that RR was a citizen of Michigan when he was served with process. The other problem with federal jurisdiction in this case is that a State and its alter ego is not considered a Citizen for purposes of determining this diversity of citizenship jurisdiction. There are a few 4th Circuit opinions holding that state universities are alter egos of a state for diversity purposes. I would expect a ruling on this issue in a few weeks, especially if the judge is inclined to remand the case to state court. Judges are like you and me - why do something when we can pass it off to somebody else.

I don't think RR's failure to specifically say "citizen" is a big issue, as it is a mere technical defect and he clearly lays out the essential facts necessary for citizeship. That West Virginia U is an arm of the state is a detail that I hadn't considered.

 

[Mac]

I'm sick of RR complaining and bitching about how he has to pay the penalty FROM HIS CONTRACT THAT HE BROKE. Man up and pay the price. I'm sick of this crap. He's a little whiny bitch trying to get around something that shouldn't be broken without paying the price. I can't wait to see this joker come into the shoe next season and Tress wipe the floor with this fool.

 

[Mike80]

If you only go back a quarter century, yes...

Back when RR was playing in college, Miami was kicking his team's ass up and down the field yearly.....

and he probably remembers when bobby bowden was the coach at WVU anyway, so the chance to replace a guy of that ummmm stature probably will attract a big name coach if Jimbo Fisher decides he doesn't want to wait.....

 

[Oh8ch]

Somehow, I can't think that the people at Michigan are altogether pleased about the conduct of their new head coach,

Had house guests this week whose roots are in Michigan. They are still in touch with some folks close to the program, including one of the coaches just let go. This in turn puts them in touch with input from a broader network of folks who are tied closely to the program (the sort of insider network that nets us so much of the info we enjoy on this board).

Their strong sense is that behnd the scenes folks are indeed wondering what the AD has gone and done. In deference to the program these are folks will stay low key and off the record. But they are not looking through the maize and blue glasses some of our visiting posters are wearing.

 

[buckiprof]

Had house guests this week whose roots are in Michigan. They are still in touch with some folks close to the program, including one of the coaches just let go. This in turn puts them in touch with input from a broader network of folks who are tied closely to the program (the sort of insider network that nets us so much of the info we enjoy on this board).

Their strong sense is that behnd the scenes folks are indeed wondering what the AD has gone and done. In deference to the program these are folks will stay low key and off the record. But they are not looking through the maize and blue glasses some of our visiting posters are wearing.

Did your house guests have a working olfactory to also smell the stench from Dick Wad?

 

[osugrad21]

Blade

Article published Wednesday, January 30, 2008
Rodriguez files letter of credit as a $1.5 million good faith gesture

ASSOCIATED PRESS

MORGANTOWN, W.Va. - West Virginia says Rich Rodriguez owes $4 million for breaking his contract and moving on to Michigan. At most, Rodriguez countered yesterday, it's $1.5 million. Ultimately, a judge will decide who's right. In a move his legal team calls a gesture of good faith, not an offer to settle, the former WVU football coach filed a $1.5 million letter of credit with the U.S. District Court in Clarksburg. Rodriguez and his attorneys claim that's the maximum he could owe under his interpretation of the contract - an amount spelled out in a "maximum liquidated damages provision" that Rodriguez says was in effect when he resigned Dec. 18.

Cont...

 

[osugrad21]

DFP

COMPROMISE?: U-M coach Rich Rodriguez makes $1.5-million offer

January 30, 2008
BY SHAWN WINDSOR
FREE PRESS SPORTS WRITER
Michigan football coach Rich Rodriguez offered his former employer $1.5 million Tuesday to settle a contentious, monthlong contract dispute. The problem is that Rodriguez's offer is about $2.5 million short, according to lawyers with West Virginia University.
The school maintains that when Rodriguez left WVU in December to take the job at U-M, he broke his contract and triggered a $4-million buyout clause. The school sued its former coach in late December to recover the money.

Rodriguez and his lawyers balked at the figure, and both sides spent much of January fighting the battle in court, as well as in the court of public opinion. Tuesday's offer came in the form of a letter of credit filed in U.S. District Court in Clarksburg, W.Va. The document argued that the "defendant is filing this Letter of Credit in the spirit of compromise and as an act of good faith" to assure WVU that Rodriguez will pay if the court rules against him.
"Coach Rodriguez is a responsible person," his agent, Mike Brown, said in a statement. "This is a good-faith effort to move the process and communication lines forward so all parties can concentrate on their future endeavors."



Cont...

 

[osugrad21]

DFP

FORMER U-M LINEBACKER LARRY FOOTE ON RICH RODRIGUEZ: 'If we beat Ohio State, I'm in favor of Rich'

January 30, 2008
FREE PRESS STAFF AND NEWS SERVICES
Former U-M linebacker Larry Foote appeared on WDFN's Stoney and Wojo show Tuesday afternoon.
He talked about a variety of topics ranging from the Detroit Lions to the MSU and Ohio State rivalries to Lloyd Carr and Rich Rodriguez. Below is a sampling of his answers to Terrelle Pryor-related questions:

Stoney: As a former player, was it painful to watch Michigan the last couple of years? Did you get the sense that the team needed to change? Whether its coaches or philosophy or something?

Larry Foote: Definitely on the offensive side of the ball I think it needed to change just to the wide-open offense. I'm a fan of it just for college. I think it gives you a lot of options.

Wojo: Desmond Howard said 'We needed a Michigan Man, we needed Les Miles,' where did you stand on all of that?

LF: In the beginning of the process I thought about Rich Rodriguez. I didn't think Michigan was going to take him because of some of the off-field issues former players had like Pacman Jones and Chris Henry. I'm a Michigan man through in and throughout, but the best guy for the job, I'm all about wins, not for tradition and guys that went there. It would have been good to get Les Miles, but with that offense Rich Rodriguez has, I'm a fan for that.

Stoney: What about the funky defense he runs?

LF: That's what I'm still investigating, to see if he can come in here and play defense. He got rid of Ron English and I think he was doing a good job. He's going to have more talent at Michigan than he had at West Virginia, so hopefully we can have his defense working. In the Big East, they don't play defense. The Big Ten, Rich Rodriguez is going to have that defense playing.


Cont...

 

[osugrad21]

Posted by 3vfarm on Scout:

Detroit News

Wednesday, January 30, 2008
U-M: Football

Martin's bank gives coach credit

Rodriguez receives a $1.5 million line of credit from Bank of Ann Arbor to help pay W.Va. buyout.

Fred Girard / The Detroit News

Rich Rodriguez, Michigan's new football coach, received a perk Tuesday that won't show up on any contract: a critically needed $1.5 million line of credit from the bank founded by his boss, athletic director Bill Martin.
The line of credit was filed in U.S. District Court in Clarksburg, W.Va., as Rodriguez sought to stem $4,000 in daily interest piling up in a lawsuit brought by his former employer, West Virginia University.
The document -- essentially a check to the university for $1.5 million -- was signed by Lawrence A. Grace, first vice president of Bank of Ann Arbor. Martin is one of the bank's founders, and is chairman of the board.

Grace did not immediately respond to a request for an interview.
Martin's only comment on the letter of credit, conveyed through an associate, was, "Rich does his banking at Bank of AA."
To cash the check, however, WVU must agree that Rodriguez owes nothing more -- and that apparently isn't going to happen.
"The amount owed by Mr. Rodriguez, under the terms of the contract in effect at the time of his resignation, is $4 million," WVU attorney Jeff Wakefield told the Associated Press on Tuesday, referring to a buyout clause in the contract Rodriguez signed.


Cont...

 

[Folanator]

Martin's only comment on the letter of credit, conveyed through an associate, was, "Rich does his banking at Bank of AA."
To cash the check, however, WVU must agree that Rodriguez owes nothing more -- and that apparently isn't going to happen.
"The amount owed by Mr. Rodriguez, under the terms of the contract in effect at the time of his resignation, is $4 million," WVU attorney Jeff Wakefield told the Associated Press on Tuesday

You know, before this point I thought that both sides we going to back and forth then settle at some mid number. But after reading this I think that WV is just going to go for his throat.

IMO they have RR by the short hairs. This is the problem with fighting a Bank, a University or the Govt. You could be 100% right, but sometimes it is easier just to roll over. A University has a bottomless pit of hours to devote to legal work. RR has to pay $4,000 a day, $21,000 a week, $84,000 a month.... I have been there, been right and still had to take the deal and roll over.

I think WV has him just by virtue of the legal fees he is accruing. They know it and they are going to make him pay. I think that this is going to cost RR the first 3 years of his salry at UM after all legal fees are paid.

 

[osubartender23]

My question is how does DickWad feel that 1.5 million is a justifiable amount to pay? He signed the contract in August knowing full and well there was a 4 million dollar buyout. His agent shouldnt have let him sign the contract if things werent up to par. So now instead of manning up he is whining like a little bitch claiming he was told this and that about getting rid of the buyout. Well if this is indeed true and he was told these things, who in thier right mind would sign a contract that would still have the buyout in it after they had verbally agreed to take it out? The answer is no one. He was ok with the buyout, he just got power hungry and when WV wasnt willing to relinquish said power over the football team, and other things, he got antsy and ran. I am so glad TSUN has a douchebag of a coach like him, because now they can NEVER say anything about being morally superior to anyone because of this!

 

[Oh8ch]

I still see a lot of folks in the press saying he should just go ahead and pay the money. 4 mil is a LOT of money. Even for somebody making 2 mil that is a lot of money.

I was wondering how much UM would pitch in. If I am reading correctly the answer is zero. They will loan him 1.5 - but that seems to be just a loan.

If RR came to UM to make more money and has to pay the 4 mil he could be looking at least 5-6 years down the road before he breaks even. Longer still when you throw in attorney's fees. And I wonder what percentage of the UM contract his agent gets if RR has to pay the buyout?