Judge Clawges has ruled that the case shall continue onto the discovery portion of the process. What that means is that WVU will likely still have to overcome a summary judgment which shall come subsequent to the discovery process. There will be interrogatories and production requests filed by both sides, as well as depositions taken, and then the time will be “ripe” for a summary judgment motion. The responses to the discovery requests and the depositions will reveal the likely result of the case. I know that I can’t wait to read the transcript of “Mr. Meatball”, John Marinatto, as well as the leadership of the member schools of the Big East. This discovery is basically going to be an expose’ of the Big East. I am not sure that the Big East really wants this kind of exposure, however their rich history of making poor decisions counsels otherwise. Until, the discovery responses are filed we shall be held in the dark for the time being in the West Virginia Courts.
Now in Rhode Island, we may find out as soon as later on today or tomorrow whether that Court shall dismiss the Big East’s case. WVU has taken the position, that it is the State of West Virginia, as such it is a sovereign and can not be governed by another State. WVU is, in fact, a State School. It is subject to the whims of the Legislature and has been since its inception the most visible entity in the Mountain State. Whether it is or isn’t “the State of West Virginia” likely will be determined differently depending upon the jurisdiction hearing the matter. The fact that Judge Silverstein is one who is willing to “bend the ethical rules”~ ( http://caught.net/caught/silver.htm )doesn’t really bode well for WVU’s position in Rhode Island. He is clearly the man the Providence mafia desires to rule on the matter.
Two days ago the Big East finally filed for an injunction, the relief sought is to enjoin the Mountaineers from leaving the conference. This is no surprise as it is the primary focus of the Providence Mafia to hold WVU hostage. The document, Memorandum of Law in support of preliminary injunction, states that the Big East would be injured beyond what monetary damages could remedy. They are seeking “specific performance” of the “contract” that they have with WVU. The go further to say that WVU is immune from monetary damages. I find this argument to be disingenuous at best, considering if that were the case, they would be immune from specific performance as well. Furthermore, WVU has payed 2.5 million in advance of the total of 5 million in an exit fee. Clearly, WVU has already payed to exit the Big East. It seems that the Big East wishes to play both sides of the issue to their advantage. If this case is decided in a fashion that is contrary to WVU’s interests, my guess is that the case would be removed to Federal Court to settle the Sovereignty issue. If the Judge elects to move forward with this case, similar discovery processes will happen. That would be 2 bites at the discovery apple for both WVU and the Big East. Judicial economy looks to be dammed in this matter were that the case. Alas, this matter is going to develop with atypical alacrity as both parties are in a hurry to resolve the matter of where WVU will play its sports. I shall be posting with the blessing of HailWV regarding these matters periodically. Stay tuned.