Aug. 19, 2008
Reply Expected This Week to MU Football, Pruett Allegations
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) –- A published source indicated that Vaughn Sizemore, the attorney for the Marshall administrative defendants, will filed a REPLY to the legal documents filed Aug. 15 that implicate former Marshall University Coach Bob Pruett. The suit, filed by David Ridpath, former NCAA compliance director at MU, seeks damages for allegedly transferring Ridpath from the athletic office.
Filed in 2003, the suit alleges that Pruett, along with the Board of Governors, Marshall, then president Dan Angel, former vice president Edward Grose, and attorney Layton Cottrill assisted in the violation of NCAA rules regarding academically unqualified (Proposition 48) athletes. Ridpath contends he was the scapegoat in the scandal that resulted in sanctions against the MU football program.
However, until the filing of affidavits on Aug. 15 in United States District Court, Coach Bobby Pruett had not been directly linked to the academic fraud and employment by boosters.
The university had denied all charges and asked for dismissal of the complaint (known as summary judgment) as a matter of law due to lack of evidence. As a secondary issue, attorney Sizemore is scheduled to undergo kidney transplant surgery at the Cleveland Clinic , Aug. 27. He has asked that the October 21, 2008 trial be delayed until December 2008 or January 2009.
Edward M. Kowal, an attorney for Cambell Woods Bagley Emerson McNeer and Herndon, represents the former MU coach. He has been given until Friday , Aug. 25 to respond to the trial delay issue.
CBS Sportsline.com, which broke the story Sunday, August 17, indicated on today’s posting that local reporters near the University of Virginia had spoken with Pruett, who is defensive coordinator at that institution. Pruett mostly declined comment but did say he welcomed his day in court.
WOWK TV posted a statement released Monday, Aug 18, by Kowal: “Some of the allegations in the lawsuit involved the NCAA investigation on Marshall University almost seven years ago. Coach Pruett looks forward to the conclusion of the legal proceedings , so the facts and all the issues can be addressed.”
A Virginia paper and television station have quoted Pruett as stating: “I haven’t seen the article, wasn’t aware of it. That’s an eight year on going legal procedure and legal procedures you can’t comment on things like that. Those are accusations; that’s the reason that you’re hopefully one day you’ll get your day in court and we will see what happens.”
The Herald-Dispatch has stated that attorney Sizemore believes the case will be settled and/or resolved by the end of 2008.
In addition, the H-D story raised the possibility that plaintiff Ridpath had an additional agenda --- A book deal.
Defense attorneys said that the plaintiff has five boxes of “privileged documents,” from which he intends to write: “Tainted Glory: Marshall University, the NCAA and One Man’s Fight for Justice.”
At the root of the infractions, Prop 48 athletes are not provided scholarships and must attend school until they qualify academically. The NCAA sanction Marshall for allegedly working at “jobs” provided by boosters that paid $25 an hour. In addition, a final examination was allegedly made available in advance to the players.
Although MU’s program has served its punishment, the allegation that the information was part of a “cover up” may or may not trigger a re-opening of the case by the NCAA. An anonymous sourced told CBS that this was unlikely to happen, though.
Buzz has already filtered that the motion to delay the trial could be to prevent interference with Pruett’s season at the University of Virginia. However, the REPLY by Sizemore stated that he filed for the delay once “the physicians at the Cleveland Clinic confirmed that the transplant had been scheduled and would go forward on August 27, 2008.”
While the defendants have the benefit of multiple attorneys on the case, Sizemore has argued that any attorney stepping into his shoes would have to “review thousands of documents” and “would not have the benefit of having attended the depositions and will have only a cold transcript upon which to determine trial strategy… Having this matter go to trial on October 21, 2008 without the undersigned counsel present would place these Defendants at an unfair advantage.”
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Reply Expected This Week to MU Football, Pruett Allegations
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) –- A published source indicated that Vaughn Sizemore, the attorney for the Marshall administrative defendants, will filed a REPLY to the legal documents filed Aug. 15 that implicate former Marshall University Coach Bob Pruett. The suit, filed by David Ridpath, former NCAA compliance director at MU, seeks damages for allegedly transferring Ridpath from the athletic office.
Filed in 2003, the suit alleges that Pruett, along with the Board of Governors, Marshall, then president Dan Angel, former vice president Edward Grose, and attorney Layton Cottrill assisted in the violation of NCAA rules regarding academically unqualified (Proposition 48) athletes. Ridpath contends he was the scapegoat in the scandal that resulted in sanctions against the MU football program.
However, until the filing of affidavits on Aug. 15 in United States District Court, Coach Bobby Pruett had not been directly linked to the academic fraud and employment by boosters.
The university had denied all charges and asked for dismissal of the complaint (known as summary judgment) as a matter of law due to lack of evidence. As a secondary issue, attorney Sizemore is scheduled to undergo kidney transplant surgery at the Cleveland Clinic , Aug. 27. He has asked that the October 21, 2008 trial be delayed until December 2008 or January 2009.
Edward M. Kowal, an attorney for Cambell Woods Bagley Emerson McNeer and Herndon, represents the former MU coach. He has been given until Friday , Aug. 25 to respond to the trial delay issue.
CBS Sportsline.com, which broke the story Sunday, August 17, indicated on today’s posting that local reporters near the University of Virginia had spoken with Pruett, who is defensive coordinator at that institution. Pruett mostly declined comment but did say he welcomed his day in court.
WOWK TV posted a statement released Monday, Aug 18, by Kowal: “Some of the allegations in the lawsuit involved the NCAA investigation on Marshall University almost seven years ago. Coach Pruett looks forward to the conclusion of the legal proceedings , so the facts and all the issues can be addressed.”
A Virginia paper and television station have quoted Pruett as stating: “I haven’t seen the article, wasn’t aware of it. That’s an eight year on going legal procedure and legal procedures you can’t comment on things like that. Those are accusations; that’s the reason that you’re hopefully one day you’ll get your day in court and we will see what happens.”
The Herald-Dispatch has stated that attorney Sizemore believes the case will be settled and/or resolved by the end of 2008.
In addition, the H-D story raised the possibility that plaintiff Ridpath had an additional agenda --- A book deal.
Defense attorneys said that the plaintiff has five boxes of “privileged documents,” from which he intends to write: “Tainted Glory: Marshall University, the NCAA and One Man’s Fight for Justice.”
At the root of the infractions, Prop 48 athletes are not provided scholarships and must attend school until they qualify academically. The NCAA sanction Marshall for allegedly working at “jobs” provided by boosters that paid $25 an hour. In addition, a final examination was allegedly made available in advance to the players.
Although MU’s program has served its punishment, the allegation that the information was part of a “cover up” may or may not trigger a re-opening of the case by the NCAA. An anonymous sourced told CBS that this was unlikely to happen, though.
Buzz has already filtered that the motion to delay the trial could be to prevent interference with Pruett’s season at the University of Virginia. However, the REPLY by Sizemore stated that he filed for the delay once “the physicians at the Cleveland Clinic confirmed that the transplant had been scheduled and would go forward on August 27, 2008.”
While the defendants have the benefit of multiple attorneys on the case, Sizemore has argued that any attorney stepping into his shoes would have to “review thousands of documents” and “would not have the benefit of having attended the depositions and will have only a cold transcript upon which to determine trial strategy… Having this matter go to trial on October 21, 2008 without the undersigned counsel present would place these Defendants at an unfair advantage.”
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