WVU - Lawsuit stays in state court

[Alan Jones]

Federal judge says Rodriguez lawsuit stays in state court
Chuck Finder, Pittsburgh Post-Gazette

A federal judge today ruled that West Virginia University's lawsuit
seeking a $4 million buyout from former football coach Rich
Rodriguez must be heard in Monongalia County court instead.

The 16-page ruling, by Justice John Preston Bailey of the Northern
District of West Virginia's federal court, means that the lawsuit --
filed in Monongalia County by university lawyers two days after
Christmas -- may well move back into the Morgantown, W.Va., court in
a matter of weeks, though an actual court date could come months
later.

Jeff Wakefield, one of the university's lawyers, said the Morgantown
court's first step will be to assemble all parties for a preliminary
meeting within the next few weeks.

"We don't know when the court will want to set a status conference .
. . [and] talk about the case," Wakefield said. It likely would
happen in February or March, and "the court then typically will set
a schedule to resolve the case" with a trial date. A judge also
could compel both sides to negotiate.

In Bailey's ruling, he denied Rodriguez's lawyers the chance to move
the case to federal court -- where West Virginia state law still
would have been applied -- even though they claimed their client
already was a resident of Michigan, where he currently coaches the
Wolverines. He also denied a request by university lawyers seeking
costs, expenses and attorney fees from Rodriguez's side.

"It was a ruling we expected," Wakefield said. "It was the right
ruling."

Rodriguez lawyer Marv Robon was unavailable for comment.

http://www.post-gazette.com/pg/08042/856627-144.stm

DISCUSS THIS TOPIC AT...
- http://groups.yahoo.com/group/WVU-Sports

[James Schrumpf]

Post by Alan Jones
Federal judge says Rodriguez lawsuit stays in state court
Chuck Finder, Pittsburgh Post-Gazette
A federal judge today ruled that West Virginia University's lawsuit
seeking a $4 million buyout from former football coach Rich
Rodriguez must be heard in Monongalia County court instead.
The 16-page ruling, by Justice John Preston Bailey of the Northern
District of West Virginia's federal court, means that the lawsuit --
filed in Monongalia County by university lawyers two days after
Christmas -- may well move back into the Morgantown, W.Va., court in
a matter of weeks, though an actual court date could come months
later.
Jeff Wakefield, one of the university's lawyers, said the Morgantown
court's first step will be to assemble all parties for a preliminary
meeting within the next few weeks.
"We don't know when the court will want to set a status conference .
. . [and] talk about the case," Wakefield said. It likely would
happen in February or March, and "the court then typically will set
a schedule to resolve the case" with a trial date. A judge also
could compel both sides to negotiate.
In Bailey's ruling, he denied Rodriguez's lawyers the chance to move
the case to federal court -- where West Virginia state law still
would have been applied -- even though they claimed their client
already was a resident of Michigan, where he currently coaches the
Wolverines. He also denied a request by university lawyers seeking
costs, expenses and attorney fees from Rodriguez's side.
"It was a ruling we expected," Wakefield said. "It was the right
ruling."
Rodriguez lawyer Marv Robon was unavailable for comment.
http://www.post-gazette.com/pg/08042/856627-144.stm
DISCUSS THIS TOPIC AT...
- http://groups.yahoo.com/group/WVU-Sports

Did they mention when they'd be heating up the tar, and how many chickens
they'd rounded up?