As many of you out there in internetland may have already known, I am both a University of Michigan alum and a current law student. Since I go to a law school hundreds of miles and three or four states away from Michigan there are not many Michigan grads in my class. Given this, my love for all things Michigan and my acceptance of all things law rarely collide. If I read something for fun it is Michigan related. If I read something for school, it is most decidedly not Michigan related. Now, however, thanks to my Civil Procedure professor and his interests in both all things civil procedure related and all things sports related, my two worlds have become one. That is right, for my Civ Pro homework today I have to read a couple of motions submitted by the parties in the West Virginia University Board of Governors v. Richard Rodriguez. As you know, Rich Rodriguez, the glorious new head football coach of the Michigan Wolverines, has been dastardly and cowardly sued by the evil and infamous West Virginia Mountaineers. If you are unaware of what is going on here is a quick recap:
1. West Virginia hires alumnus Rich Rodriquez to replace Don Nehlen as head football coach.
2. Rodriguez does pretty well considering he had to replace a Michigan grad.
3. WVU wins a few games in the Big East and become national contenders.
4. Rodriguez gets offered a job at Alabama for a lot of money.
5. WVU promises Rodriguez the world if he would stay at WVU.
6. Rodriguez says okay to WVU but only if he gets a bunch of stuff.
7. WVU says okay.
8. Rodriguez receives a draft of the contract and sits on it for six months becuase it has a buyout clause that he does not want in there.
9. The governor of WV, the president of WVU, and the athletic director of WVU all say that the buyout clause will not be enforced and they don't want it in there either but also tell Rodriguez that he should sign right now anyway because they want to look like there is harmony amongst all parties.
10. Rodriguez coaches the 2007 season and kicks all butt except for Pittsburgh and as a result they don't get to go to the national championship. All the while, WVU doesn't follow through on any of the promises it made to Rodriguez and flat out tells him they don't have to do squat.
11. Michigan, being a wonderful and charitable university, offers Rodriguez a job and promises him he can pretty much have full control of the program.
12. Rodriguez accepts the job and tells WVU that while they can still be friends, they have to go their seperate ways.
13. The entire state of West Virginia explodes into rage. All things Rodriguez are outlawed, he is banned from the state and ordered never to return. His family is chastized, assaulted, harassed, and threatened.
14. Rodriguez establishes residency in the state of Michigan.
15. WVU files suit in a WV state court against Rodriguez for a $4 million dollar buyout.
16. Rodriguez says to WVU, you kicked me out of the state and I was forced to become a resident of Michigan so if you want to sue me, sue me in a federal court.
17. WVU says no you are a resident of WV because we have a much better shot here where everyone hates you.
18. Rodriguez says, look WVU, you are acting like a bunch of petulent children. In the name of good faith and peace I will put up a $1.5 million letter of credit with the court. If you want to be adults about the whole thing take the money and go on with your life. I wish you the best.
19. WVU to Rodriguez: F--- You!
Okay so that wasn't exactly brief (nor unbiased) but it should get you up to speed. Anyway, in my Civil Procedure class we are discussing jurisdictional matters and what cases are allowed to be heard in federal courts and which ones are not based on the citizenship of the parties. This case is a great example of how things work because Rodriguez was a resident of WV at one point but now he may not be anymore and wants the case moved from state court to federal court. WVU obviously wants to keep the case in state court so they have moved to keep it there by saying that Rodriquez is not a Michigan citizen and that the university is not a citizen of WV for diversity purposes. Crazy stuff. I will keep you up to date with things that transpire both in court and in class.
PS. It is snowing today and St. Louis drivers have absolutely no clue how to drive in the snow so if you live in the St. Louis area when you are driving please don't freak out, hit the brake hard, lose control of your car, and hit me. If you do I am a law student and am learning how to sue people.
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9. "the buyout clause will not be enforced and they don't want it in there either"
ReplyDeleteWhere did you get THAT fact? NOT from the record of Case No. 08-00041 NDWV. NOT from WV law (you might ask your Civ Pro professor about WV's Statue of Frauds or the parole evidence rule)
Since you're reading motions, you might as well look at the exhibits to the Complaint. This claim doesn't line up with the fact that in December 2002 Rich signed a contract with a $2,000,000 buyout. Or that same buyout was in the First Amendment to the Contract signed in June, 2006.
The buyout went up in the August, 2007 Second Amendent, just like the salary and term went up.
It also doesn't seem consistent with the fact that the last WV coach that was seduced by Michigan had to pay a buyout . . . less than a year ago. Hello.
10. "WVU doesn't follow through on any of the promises it made" - if there's any truth to that, why did little Richy forget to provide that 90 day written notice of default that would have allowed him to quit AND BE PAID $4 MILLION BY WVU -- that's right look at V(D)(1)(b) ... $4 Million if Rich "terminates because of a material and substantial breach of the Agreement by the University, if Coach has given written notice to the university within ninety (90)days of such breach and the breach has gone uncured for thirty (30) days."
Why did poor little Richy forget to write his little notice?
11. That is wise. Very wise. Hey, just because Rich isn't loyal to his own state and the University where he played ball is no reason he won't be loyal to a state and school he's never been to before. People change.
12. He snuck off on Sunday evening without talking to anyone from the administration or the press. He spoke to his team for 10 minutes and then snuck out the back door.
13. You've understated it a bit.
14. Please. On the advice of counsel immediately he gets a driver's license and a voter's registration card so he will have some basis for removing the civil action he expects.
15. Close enough.
16. Kicked him out? In any event, Rich simply removed on the basis of diversity. It will be interesting to see how Rich convinces Judge Bailey that the State of West Virginia is a citizen of West Virginia for 1331 purposes.
17. Here? He stays "here" regardless of whether he's in the federal court or the state court. One's in Morgantown, the other's 35miles down I-79 in Clarksburg. Either way, Rich's day in court will be in North-Central WV.
18. The $4 million was payable over 2 years, with $1.33 due after 30 days, $1.33 at 1 year and $1.33 at the 2nd year. Rich wa wise to make a deposit into court for what's already past due.
19. A the horse he rode in on
Mr. Catuf,
ReplyDeleteI don't know you, I don't really know law, and I certainly don't know why you have nothing better to do than defend WVU on this blog.
However, I do know this: The entire mental-state of West Virginia is in horrendous condition. Are we to believe that poor little WVU/the state of WV has incurred damage as a result of Rodriguez to the extent that their only logical responses are lawsuits, threats, and smear-campaigns?
Give me a break. In your eyes, WVU is SO oppressed, they are now a virtual minority. In reality, WVU is a minority. This is not how big time universities behave. WVU is in the minority because they are wrong, they are illogical, and at this point, they look nothing but foolish.
Additionally, if you have a minute, please tell the dear governor of WV to shut the hell up. Thank God he has found time in his busy schedule to support WVU...our nation is certainly a better place thanks to his blessed service.
Again Mr. Catuf, I don't know you...and for this I thank God.
OH NO!!! In a 16 page Order entered just today, the mean, mean federal judge sent Little Richie packing. Poor Little Richie is right back in that nasty, unfair State Court right there in Morgantown where Little Richie was supposed to be working.
ReplyDeletePoor, poor Little Richie! If it weren't for bad luck he'd have no luck at all!
The judge was silent over whether or not Coach is a Michigan citizen or not, what a cop out. Since the trial is going to be tried in a state court let's hope that if it gets to that point the jury will be made of Thundering Herd fans.
ReplyDeleteShouldn't it be Poor Little Richard so as to make a better pun?
ReplyDeleteIn any event, this is never going to make it to trial and both sides will have to settle.
Catuf -
ReplyDeleteGive it a rest, we know you're pissed b/c you lost a coach, but c'mon who in their right mind wouldn't leave that backwards, lame-ass dump of a state for the greatest college football program of all time? You and the rest of WV just need to relax, kick back with a nice glass of Boone's Farm, crank up the John Denver and realize that Michigan is a more attractive job even to a WV native and alum. Have fun with Bill Stewart, that was a great hire.