Post by elp525 on Jun 25, 2008 10:21:08 GMT -5
June 24, 2008
By Mike Casazza
Daily Mail sportswriter
MORGANTOWN -- Lawyers representing West Virginia University believe they can prove former football Coach Rich Rodriguez had no misconceptions about the liquidated damages clause in his final contract thanks to a ruling at a status conference Monday.
Monongalia County Circuit Court Judge Robert Stone granted a renewed motion to compel filed by WVU's attorneys. Rodriguez is to turn over four drafts of terms and conditions sheets written during his negotiations to become the University of Michigan coach.
"Mr. Rodriguez has to identify whether there is an agreement for somebody to pay on his behalf all or a portion of the liquidated damages clause in the contract," said WVU attorney Jeff Wakefield. "We think that is significant because obviously Mr. Rodriguez negotiated that in connection with taking the head coaching job at the University of Michigan before he ever terminated his WVU contract, which suggests he recognized he had a valid contract as well as an obligation he needed to honor."
Additionally, Wakefield successfully argued that Rodriguez must submit previous employment agreements and endorsement contracts. Rodriguez and his agent, Mike Brown, were both quizzed in their depositions about other business and investment opportunities they'd entered into as a way to show their competence in contract negotiations.
"Those questions were asked because it shows he's a sophisticated business man and not just somebody off the street who gets involved in business deals," Wakefield said. "He knew what was happening when the second amendment to his contract was negotiated, drafted and signed."
WVU is suing Rodriguez to collect the $4 million buyout contained in that second amendment of his final contract. Rodriguez's side believes it's an unfair amount and claims he was fraudulently induced into signing the deal when WVU President Mike Garrison promised to reduce or eliminate the buyout.
WVU maintains it's a valid contract and the buyout is enforceable and thinks Rodriguez acted in a way to confirm as much. Wakefield said WVU's lawyers "strongly suspect" Rodriguez requested Michigan or an affiliated third party handle some or all of the buyout as part of the negotiations contained in the term sheets, but that it's part of a redacted section of the letter.
Stone said Rodriguez must submit unredacted copies of the term sheets as evidence for the trial.
"The fact that that's in there is certainly relevant in that it was a valid contract provision and he knew it was a valid contract provision when he was negotiating with the University of Michigan with lawyers before announcing he was leaving WVU," WVU attorney Thomas Flaherty said. "Why else would he put that in there unless he realized it was a valid provision?"
WVU requested the term sheets at a hearing in April, but was denied by Stone. However, that was before it was learned Brown contacted Michigan Dec. 11 and Rodriguez interviewed and negotiated for the job over the next few days while still employed by WVU.
"The new information now makes (the term sheets) relevant to our case," Wakefield said. "It all happened before he ever alleged WVU had done anything to breach the contract."
Rodriguez has 15 days to submit the requested documents. Deposition dates for his wife, Rita, and financial advisor, Mike Wilcox, have to be rescheduled. Rita was to be deposed July 1 and Wilcox July 10, but scheduling conflicts on both sides prompted a change of plans.
By Mike Casazza
Daily Mail sportswriter
MORGANTOWN -- Lawyers representing West Virginia University believe they can prove former football Coach Rich Rodriguez had no misconceptions about the liquidated damages clause in his final contract thanks to a ruling at a status conference Monday.
Monongalia County Circuit Court Judge Robert Stone granted a renewed motion to compel filed by WVU's attorneys. Rodriguez is to turn over four drafts of terms and conditions sheets written during his negotiations to become the University of Michigan coach.
"Mr. Rodriguez has to identify whether there is an agreement for somebody to pay on his behalf all or a portion of the liquidated damages clause in the contract," said WVU attorney Jeff Wakefield. "We think that is significant because obviously Mr. Rodriguez negotiated that in connection with taking the head coaching job at the University of Michigan before he ever terminated his WVU contract, which suggests he recognized he had a valid contract as well as an obligation he needed to honor."
Additionally, Wakefield successfully argued that Rodriguez must submit previous employment agreements and endorsement contracts. Rodriguez and his agent, Mike Brown, were both quizzed in their depositions about other business and investment opportunities they'd entered into as a way to show their competence in contract negotiations.
"Those questions were asked because it shows he's a sophisticated business man and not just somebody off the street who gets involved in business deals," Wakefield said. "He knew what was happening when the second amendment to his contract was negotiated, drafted and signed."
WVU is suing Rodriguez to collect the $4 million buyout contained in that second amendment of his final contract. Rodriguez's side believes it's an unfair amount and claims he was fraudulently induced into signing the deal when WVU President Mike Garrison promised to reduce or eliminate the buyout.
WVU maintains it's a valid contract and the buyout is enforceable and thinks Rodriguez acted in a way to confirm as much. Wakefield said WVU's lawyers "strongly suspect" Rodriguez requested Michigan or an affiliated third party handle some or all of the buyout as part of the negotiations contained in the term sheets, but that it's part of a redacted section of the letter.
Stone said Rodriguez must submit unredacted copies of the term sheets as evidence for the trial.
"The fact that that's in there is certainly relevant in that it was a valid contract provision and he knew it was a valid contract provision when he was negotiating with the University of Michigan with lawyers before announcing he was leaving WVU," WVU attorney Thomas Flaherty said. "Why else would he put that in there unless he realized it was a valid provision?"
WVU requested the term sheets at a hearing in April, but was denied by Stone. However, that was before it was learned Brown contacted Michigan Dec. 11 and Rodriguez interviewed and negotiated for the job over the next few days while still employed by WVU.
"The new information now makes (the term sheets) relevant to our case," Wakefield said. "It all happened before he ever alleged WVU had done anything to breach the contract."
Rodriguez has 15 days to submit the requested documents. Deposition dates for his wife, Rita, and financial advisor, Mike Wilcox, have to be rescheduled. Rita was to be deposed July 1 and Wilcox July 10, but scheduling conflicts on both sides prompted a change of plans.
