|Rich Rodriguez defends Michigan residency, hopes to keep lawsuit in federal court|
|Written by Admin|
|Tuesday, 05 February 2008 07:20|
Rich and Rita Rodriguez signed a lease on a townhouse in Ann Arbor, Mich., establishing residency in that state the day before West Virginia sued him over a $4 million buyout clause in his contract, his lawyer said in court documents filed Monday night.
The couple also registered as Michigan voters and obtained Michigan driver licenses on Dec. 27, the same day the lawsuit was filed in a state court in West Virginia.
Those are among the arguments attorney Marv Robon made in documents arguing the lawsuit should remain in U.S. District Court in Clarksburg, W.Va. The university wants the case sent back to Monongalia County Circuit Court in Morgantown, where it originated.
laims Rodriguez was living in West Virginia and his children were attending West Virginia schools when the lawsuit was filed. The school also said Rodriguez mailed a second resignation letter Jan. 10, using his Morgantown residence as the return address.
Rodriguez, however, offered federal Judge John P. Bailey proof of residency with a FedEx tracking label showing he sent that letter from Ann Arbor, Mich.
His lawyers contend he did so to protect himself and family from more threats, harassment and vandalism following his Dec. 18 resignation, which sparked a bitter public feud.
Last week, Rodriguez said he owes the university $1.5 million in a letter of credit filed with the U.S. District Court.
Bailey must, among other things, decide whether WVU is ``an alter ego of the state,'' as it contends, arguing lawsuits involving the state can be heard only in a state court.
Rodriguez has repeatedly claimed WVU broke the terms of his contract by failing to honor a variety of verbal promises, including one to reduce or eliminate his buyout.
WVU denies such a promise was made and insists it was working to accommodate the coach's demands when he quit for the coaching job at Michigan.
The gradual disintegration of the relationship between Rodriguez and the WVU athletic department was documented in a series of e-mails outlining the coach's failed attempts to gain more control over the football program.
Also, Rodriguez responded to WVU's lawsuit by demanding the school's private fundraising arm, the WVU Foundation, be made a party to the case.
The foundation, which had been run in part by WVU President Mike Garrison's chief of staff, Craig Walker, is not legally obligated to open its books to public scrutiny under ordinary circumstances. But it funnels money from boosters to WVU athletic programs.
Rodriguez said the state attorney general should be a plaintiff if the university is an extension of state government.
He argues the university filed the lawsuit without proper approvals by its Board of Governors, a charge the board chairman has denied.