Post by hoyajmw on Dec 31, 2011 11:13:20 GMT -5
You're welcome, Coast2Coast, and for your further reading pleasure the supplemental brief the Big East filed in support of the successful denial of the WVA motion to dismiss is linked below too (one hard jab to the face after another -- great stuff).
There are a couple more interesting procedural things afoot right now in both cases that may come to a head imminently. (1) In West Virginia, the judge on Dec. 19 denied a motion by the Big East to dismiss the WVA suit BUT has taken under advisement/promised a ruling shortly on the Big East's motion to "stay" (hold in abeyance) the WVA suit or transfer it outright to the Providence court, where it would effectively be merged into the Big East suit there. Apparently at oral argument the judge gave some indication that the motion has a chance -- and if granted, WVA is utterly DEAD. (2) the Big East filed a motion in the Providence court in mid-December asking that the court hold a hearing/issue an injunction that would REQUIRE West Virginia to play in the Big East until the Providence court rules on the Big East suit. This was a great procedural gambit by the Big East, as seeking the injunction provides way to expedite the hearing process in Rhode Island to leapfrog the pace of the case in WVA even if it isn't stayed/transferred (trial there currently set for June 2012), and allows the arguments the Big East has on irreparable injury to it from early WVA departure (like not enough teams in 2012 Football season) and likelihood of success on the merits (due to the clear Big East/school contract language) to be heard sooner than in WVA. And in case you were wondering, it is a hard procedural gambit for WVA to try to match in WVA court to leap forward itself, as trying to get an injunction to CHANGE the status quo ("let us out of the conference now") is basically improper/you can't get it. The further timing of the hearing on Big East's injunction motion (which will require depositions and other document discovery, on an expedited basis, from the hillbilly traitors) hasn't been set, but will really start applying the screws them. (I've tried to find the injunction papers on line but have failed; if anyone has them -- they apparently include affidavits from the Conference on injury/timing of the traitorous acts, etc., please provide!)
So much for "court hoya chat" for the day -- now let's BEAT Providence on the court this afternoon, and then root for the court in Providence after!
www.wvmetronews.com/content/File/Big_East_supplemental.pdf
There are a couple more interesting procedural things afoot right now in both cases that may come to a head imminently. (1) In West Virginia, the judge on Dec. 19 denied a motion by the Big East to dismiss the WVA suit BUT has taken under advisement/promised a ruling shortly on the Big East's motion to "stay" (hold in abeyance) the WVA suit or transfer it outright to the Providence court, where it would effectively be merged into the Big East suit there. Apparently at oral argument the judge gave some indication that the motion has a chance -- and if granted, WVA is utterly DEAD. (2) the Big East filed a motion in the Providence court in mid-December asking that the court hold a hearing/issue an injunction that would REQUIRE West Virginia to play in the Big East until the Providence court rules on the Big East suit. This was a great procedural gambit by the Big East, as seeking the injunction provides way to expedite the hearing process in Rhode Island to leapfrog the pace of the case in WVA even if it isn't stayed/transferred (trial there currently set for June 2012), and allows the arguments the Big East has on irreparable injury to it from early WVA departure (like not enough teams in 2012 Football season) and likelihood of success on the merits (due to the clear Big East/school contract language) to be heard sooner than in WVA. And in case you were wondering, it is a hard procedural gambit for WVA to try to match in WVA court to leap forward itself, as trying to get an injunction to CHANGE the status quo ("let us out of the conference now") is basically improper/you can't get it. The further timing of the hearing on Big East's injunction motion (which will require depositions and other document discovery, on an expedited basis, from the hillbilly traitors) hasn't been set, but will really start applying the screws them. (I've tried to find the injunction papers on line but have failed; if anyone has them -- they apparently include affidavits from the Conference on injury/timing of the traitorous acts, etc., please provide!)
So much for "court hoya chat" for the day -- now let's BEAT Providence on the court this afternoon, and then root for the court in Providence after!
www.wvmetronews.com/content/File/Big_East_supplemental.pdf