Here is the lawsuit in pdf

[tatedog]

5 pages? 2 counts? Extremely tenuous jurisdictional grounds? 15 "John Does"? Probably facing significant hurdles with statutes of limitation on both counts. This is nothing more than a continuation of the bjork/freeze/vitter "throw **** against the wall and see if it sticks" approach. 15 John Does, Merkel? This is nothing more than a fishing expedition masquerading as a lawsuit. It's the proverbial "we know somebody is behind this, but we don't know who, so we are going to place hold with John Does and abuse the discovery process to get names." Has as much chance as Jackie's ill-advised lawsuit.

Pretty much nailed it. This has less than a 1% chance of ever going to trial, as much as I wish it would.

 

[CochiseCowbell]

I hope everyone gets subpoenaed... Freeze. Farrar, Leo, Kobe, AJ, Mullen, Tunsil, BJork, Chuck, Yancy, Rosebowl, Kiffin, Saunders, Luke,....lets put it all out on the table

Add Nutt, & Ogeron & this is high quality tv. Hell, I'd watch C-SPAN for this entertainment!

 

[Shmuley]

I would trigger FERPA. Worth a shot.

 

[Ishmael]

But can't a non-resident defendant remove if the resident defendants have not been served? Not saying that's the case here, just saying there's a remote possibility of removal. A change of venue keeping it in state court seems like a more likely scenario, but still pretty unlikely.

 

[Arloguthrie]

That would be a counterclaim, and a federal Q counterclaim wouldn't make the case removable. And FERPA wouldn't create a private cause of action against a private business anyway.

 

[Arloguthrie]

But can't a non-resident defendant remove if the resident defendants have not been served? Not saying that's the case here, just saying there's a remote possibility of removal. A change of venue keeping it in state court seems like a more likely scenario, but still pretty unlikely.

No, not when non-diverse defendants are named in the suit & the time for service hasn't elapsed. There may be good arguments to change venue, but I don't know enough about the venue facts. I'd think Lindsey Miller's statements occurred in Lafayette County, which should suffice to keep the suit in Lafayette County, but I'm speculating.

 

[Ishmael]

Thanks. I know I've seen a case along these lines where removal was held appropriate when there wasn't complete diversity because of lack of service of the resident defendant at the time of removal, but couldn't remember the details.

Edit - in looking a little more into this, I don't think it's as clear cut as you make it out to be when the resident defendants have not been served. I haven't checked all the cases cited here: http://apps.americanbar.org/litigation/committees/trialpractice/articles/spring2016-0416-resident-defendant-exception-for-removal.html
but it appears to be an open question.

 

[Shmuley]

Not a CC. I'd be looking at a preemption argument. All theoretical. Not saying it would work.

 

[ezsoil]

Ahhhh Lindsey Miller is a resident of Georgia so that sounds like diversity to me..... also he referred to his national reputation (interstate commerce which is how you get most federal cases)

 

[RightOfCenter]

Add Nutt, & Ogeron & this is high quality tv. Hell, I'd watch C-SPAN for this entertainment!

Add in all the other high profile recruits from different schools. Then ask them where they got their hat that was on the table for the school selection.

 

[ezsoil]

I guess this why so many national companies choose not to do business in Mississippi...reason number 999 why Mississippi is so far behind economically.

 

[HammerOfTheDogs]

VERRRRY SMAARRRT

A rich white athletic booster suing a couple poor black kids.

 

[EAVdog]

I would call in to question every Athlete, in every sport, who committed to Ole Miss in the last 5 years and put them under oath to state they did or didn't receive any merchandise from RR. Just to be a jerk and drag all their athletes into this mess.

 

[Center Z]

Well, shut down the football program. Jerkel & Cock have us by the balls.

.

 

[LawDawg97]

They couldn't get the style of their case right. I quit reading.

 

[IBleedMaroonDawg]

5 pages? 2 counts? Extremely tenuous jurisdictional grounds? 15 "John Does"? Probably facing significant hurdles with statutes of limitation on both counts. This is nothing more than a continuation of the bjork/freeze/vitter "throw **** against the wall and see if it sticks" approach. 15 John Does, Merkel? This is nothing more than a fishing expedition masquerading as a lawsuit. It's the proverbial "we know somebody is behind this, but we don't know who, so we are going to place hold with John Does and abuse the discovery process to get names." Has as much chance as Jackie's ill-advised lawsuit.

"

"It's a Witch Hunt!"**

 

[ababyatemydingo]

That's not how it works. There has to be complete diversity of citizenship, meaning none of the defendants can be a resident of the same state as the plaintiff. It only takes one defendant to destroy diversity. Here you have 2 MS resident defendants and a MS plaintiff. So it's not removable.

It WILL be moved to federal court. this is going to be high comedy. serious high comedy.

 

[Arloguthrie]

It WILL be moved to federal court. this is going to be high comedy. serious high comedy.

Actually, no it won't. Go learn about removal.

 

[LawDawg97]

You are right. It's stuck, and that's a shame

Actually, no it won't. Go learn about removal.

Just love ******** cases like this being filed and clogging a docket when there are legitimate plaintiffs that have actually been wronged by someone else (and not of their own doing) waiting to have cases heard. It's why attorneys are held in such high regard***

 

[ababyatemydingo]

Actually, no it won't. Go learn about removal.

maybe not, Jughead. maybe wishful thinking. i'm in the federal jury pool right now. not a chance in hell it gets tried in Lafayette county though. if it ever gets tried at all. it's frivolous, and isn't a good look for OM. I can't imagine who told this guy that it would be a good idea to sue a student (whose name should never have been released). Warren and whoever gave him the information of who the redacted students are should be concerned about that leak. discovery is going to be entertaining for all.