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Post by beaver55to7 on Sept 8, 2023 17:51:21 GMT -8
Pac-12 will demand it gets moved, or appeal to federal court after a ruling, but I can't imagine any Whitman County Judge siding with the other 10 schools. Notice they didn't file in BENTON county... Knowing Benton County they WOULD side with the other 10 schools    wilkyisdashiznit , what are the Pac-12 and Georgie Porgies options in terms of moving venue or later appeals? Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. Wilky, is it possible George did us a favor? If he had called a board meeting and only invited OSU and WSU could the departed 10 then file to stop it in the jurisdiction of their choice? Is it possible we asked him (confidentially and with deniability) to call the board meeting so that we could file first? It just seems curious that the departed would want to push this at this time. |
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Post by sparty on Sept 8, 2023 18:09:07 GMT -8
Everyone should just let the courts decide everything which is the way it is all headed. Just a real messy divorce with money involved every step of the way. How long will it take from beginning to the end for it all to play out? The lawyers could reap big $$$$ before this is all over. Could it reach the court federal side of things at some point?
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Post by seastape on Sept 8, 2023 18:32:12 GMT -8
Pac-12 will demand it gets moved, or appeal to federal court after a ruling, but I can't imagine any Whitman County Judge siding with the other 10 schools. Notice they didn't file in BENTON county... Knowing Benton County they WOULD side with the other 10 schools wilkyisdashiznit , what are the Pac-12 and Georgie Porgies options in terms of moving venue or later appeals? Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. There is a lot of reason to move this to federal court, mainly centered around diversity issues. Different states between the parties (hell, different states even on each side!), more than $75k in dispute. It's been over 20 years since I've studied civ pro, so I have no idea which side would win in removal proceedings, but the issue is unquestionably there for the other 10 to remove to federal court. I also think OSU and WSU present a very strong case for at least a temporary injunction against a vote on issues such dissolution and asset distribution. But again, haven't done civil law in a long time. |
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Post by ostate on Sept 8, 2023 18:32:17 GMT -8
This is the critical piece - which lays out the precedence; since usc and ucla, when they delivered notice, was removed from the BOD. Later, it also states the date in which they "announced their departure" effectively giving notice of departure and they were removed from the BOD. The other 8 that left have nothing to stand on considering the past actions of the BOD (when they had voting rights)... The injunction (not a temporary restraining order) will/should be granted and we hold all voting power and the bag... As for GK, I think he dug his grave and I suspect he is/can be fired with cause and no severance due (he has 2 years left on his contract I think)... |
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Post by sparty on Sept 8, 2023 18:55:44 GMT -8
I'm hoping our lawyers are top notch. Betterto spend big money on top attorneys and win then spend less money on average attorneys and lose big time. Funny the money the Pac is spending to defend this is now our money. Think about that. What if they rack up millions in fees and are reckless about hiring law teams to run up the bill? |
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Post by ostate on Sept 8, 2023 19:04:27 GMT -8
I'm hoping our lawyers are top notch. Betterto spend big money on top attorneys and win then spend less money on average attorneys and lose big time. Funny the money the Pac is spending to defend this is now our money. Think about that. What if they rack up millions in fees and are reckless about hiring law teams to run up the bill? Damages and/or recouping legal fees from the 10 that left come into play... |
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Post by ostate on Sept 8, 2023 19:07:49 GMT -8
Pac-12 will demand it gets moved, or appeal to federal court after a ruling, but I can't imagine any Whitman County Judge siding with the other 10 schools. Notice they didn't file in BENTON county... Knowing Benton County they WOULD side with the other 10 schools wilkyisdashiznit , what are the Pac-12 and Georgie Porgies options in terms of moving venue or later appeals? Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. As I understand it, it was an injunction that was filed and injunctions cannot be appealed - either granted or denied... |
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Post by sparty on Sept 8, 2023 19:13:00 GMT -8
Funny the money the Pac is spending to defend this is now our money. Think about that. What if they rack up millions in fees and are reckless about hiring law teams to run up the bill? Damages and/or recouping legal fees from the 10 that left come into play... Sounds easy but the real winners are all the law firms involved in the end. Some court would just say , stop freeze everything we will figure it out for you. Is that months or years now? I never seen anything decided fast in the courts. Do we have 6 months. Maybe we do? I think we win the by laws ruling but I think this now opens the doors for other litigation, step by step along the way. Maybe a third party trustee will be appointed. Leave that to the legal guys. All I can say it is just a big mess and we are just seeing the tip of the iceberg. Thanks to Larry Scott and George K. Can Scott be sued? |
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Post by sparty on Sept 8, 2023 19:18:25 GMT -8
Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. As I understand it, it was an injunction that was filed and injunctions cannot be appealed - either granted or denied... You obviously don't follow the recent measures in the state of Oregon closely. I can think of one recently but it is too political to mention here where the state tried to appeal an injunction by a county court.
Can you appeal a preliminary injunction , ask google? "The decision to grant or deny a preliminary injunction is appealable, with the reviewing court generally examining the trial judge's decision under a deferential “abuse of discretion” standard."
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Post by ostate on Sept 8, 2023 19:27:21 GMT -8
As I understand it, it was an injunction that was filed and injunctions cannot be appealed - either granted or denied... You obviously don't follow the recent measures in the state of Oregon closely. I can think of one recently but it is too political to mention here where the state tried to appeal an injunction by a county court.
Can you appeal a preliminary injunction , ask google? "The decision to grant or deny a preliminary injunction is appealable, with the reviewing court generally examining the trial judge's decision under a deferential “abuse of discretion” standard."
I believe you are right - I may have read the WA code wrong... |
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Post by avidbeaver on Sept 8, 2023 19:42:09 GMT -8
Pac-12 will demand it gets moved, or appeal to federal court after a ruling, but I can't imagine any Whitman County Judge siding with the other 10 schools. Notice they didn't file in BENTON county... Knowing Benton County they WOULD side with the other 10 schools wilkyisdashiznit , what are the Pac-12 and Georgie Porgies options in terms of moving venue or later appeals? Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. If it matters what school the judge went to then those judges should be removed. Should be based on the law. |
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Post by Dave86 on Sept 8, 2023 20:39:59 GMT -8
Hang on, help me out. And sorry if this has already been discussed.
If the remaining so called 9 or 10 schools can still vote, then they can vote to dissolve the conference. If they are able to dissolve the conference, divide up the assets, then doesn't that mean George Kliavkoff gets paid for the final 2 years of his contract?
If only the Beavers and Cougars are on the board of directors, then isn't George Kliavkoff at risk of being fired "with cause" and then he doesn't get the balance of his contract?
Seems like we have a conflict of interest here. George Kliavkoff is going to want to act in any way necessary to preserve the last 2 years of his contract.
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Post by drunkandstoopidbeav on Sept 8, 2023 20:47:29 GMT -8
Hang on, help me out. And sorry if this has already been discussed. If the remaining so called 9 or 10 schools can still vote, then they can vote to dissolve the conference. If they are able to dissolve the conference, divide up the assets, then doesn't that mean George Kliavkoff gets paid for the final 2 years of his contract? If only the Beavers and Cougars are on the board of directors, then isn't George Kliavkoff at risk of being fired "with cause" and then he doesn't get the balance of his contract? Seems like we have a conflict of interest here. George Kliavkoff is going to want to act in any way necessary to preserve the last 2 years of his contract. I was wondering what could motivate him to side with those leaving. You may have hit the nail on the head. |
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Post by wilkyisdashiznit on Sept 8, 2023 21:03:01 GMT -8
Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. There is a lot of reason to move this to federal court, mainly centered around diversity issues. Different states between the parties (hell, different states even on each side!), more than $75k in dispute. It's been over 20 years since I've studied civ pro, so I have no idea which side would win in removal proceedings, but the issue is unquestionably there for the other 10 to remove to federal court. I also think OSU and WSU present a very strong case for at least a temporary injunction against a vote on issues such dissolution and asset distribution. But again, haven't done civil law in a long time. There is not $75K in dispute. This is a temporary restraining order filing. Another party would have to lay their cards on the table to get over the $75K hurdle. The big reason why there is no federal jurisdiction, though, is because there is not complete diversity. Oregon is one side and Oregon State is on the other and Washington is one side and Wazzu is on the other. That defeats jurisdiction right there. The other eight have diversity, assuming that there are no crossclaims. But it's irrelevant, because there must be complete diversity. I am defending a diversity Defendant right now in three different cases. My client did nothing wrong, just passed the product from one non-party to another non-party in a chain. But my client defeats diversity, so Plaintiffs' counsel sues my client, so that he can set up a bunch of different lawsuits in Arizona that he can eventually consolidate to save money. Plaintiffs' counsel is doing that in my case, because federal jurisdiction for a case like his is in South Carolina. But he can keep his case in Superior Court in Arizona. That is, except for the one case, in which his client was stupid enough to mention that he briefly worked at an airport. |
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Post by wilkyisdashiznit on Sept 8, 2023 21:21:43 GMT -8
Why would venue be inappropriate? Kirk Schulz is the Chairman of the Pac-12 Board of Directors. It seems like they sued in the exact right spot, just like I said the other day. If you sue, you sue in Benton or Whitman, and they sued in Whitman. The assigned judge in the case is the Honorable Gary J. Libey, a Washington State University graduate. Libey went to law school at Gonzaga. An appeal of a ruling by the Whitman County Superior Court would go to Division III of the Washington Court of Appeals, which is in Spokane. The Court of Appeals judges went to Washington, Utah, Willamette, Stanford, and Western Washington/Seattle. The Washington Supreme Court is obviously in Olympia. Steven Gonzalez is the Chief Justice, who is a California graduate. The Associate Chief Justice is Charles Johnson, a Washington graduate. Otherwise, the Supreme Court has a Washington/Gonzaga graduate, a Duke/UNC graduate, a Gonzaga graduate, a USC graduate, a Notre Dame graduate, a New Mexico/Washington graduate, and a Seattle graduate. So, I am not loving the idea that this thing gets appealed, but they got it in the right spot to kick things off. If it matters what school the judge went to then those judges should be removed. Should be based on the law.  Yes, and judges who are political enemies or appointed by political enemies should recuse themselves as well. I'll hold my breath. |
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