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Walk-On [104]
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Coots are extremly nervous we coming to the SEC
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Apr 10, 2024, 3:05 PM
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copied this off on of their message boards
FLORIDA JUDGE IS RULING right now.....
1. Judge says affidavit by ACC (UVA President Ryan) shows it was an "anticipatory suit in the nature of forum shopping" in North Carolina.
2. Judge: Anticipatory filing is a form of forum shopping.
3. Judge says ACC did forum shop.
4, 'Presumption of priority, or jurisdiction, or the stay are extinguished.' (first to file didn't matter because of how the ACC did it)
5. ACC Motion to stay (hold off on) the Florida case 'must be denied'.
6. He added that issues of the case are 'clearly a concern' in the state of Florida and in all states where ACC has member institutions, not limited to North Carolina (ACC's home).
7. Also reiterates that the actions of going about filing suit before FSU did was to forum shop. Forum shopping done due to belief of better place to try their case. 'Forum shopping is condemned in all these cases' that he cited.
(in other words, doesn't care what NC court said about jurisdiction, THEY are going forward in Tallahassee Florida with FSU's case against the ACC as the ACC used a pretext to file and accordingly the first to file rule does not apply to stop FSU from going forward IN FLORIDA with their case..)
and for those who ask, "why does it matter"....2 things....one that is never official, but is VERY REAL. (home cooking; case will be tried in Tallahassee Fla....and ultimately Clemson SC)) and 2. and even more, Florida has "Sunshine laws regarding business dealings with government entities (FSU IS a govt entity) " so ALL OF THOSE DOCUMENTS THE ACC IS TRYING TO HIDE FROM THE PUBLIC will become Very, VERY, PUBLIC during discovery.....including those the Judge mentioned about the ACC :arrangement" with Jefferson Pilot that they don't want to reveal where the ACC commissioners son worked at the time.
Staying in Florida will speed this case up dramatically as those documents will now start having to be "produced" pretty much immediately by the ACC having to defend in the Florida Court. (so their secret internal conversations about the GOR and how it actually came into being, are no longer about to be secret)
and for those who want to know, can't this be removed to federal Ct....
NO. only two ways to remove a case to federal court....1. a federal question of law (federal law) and 2. Diversity of citizenship of in this case the two litigants. (Citizens of two different States)
1. there is no federal question\issue (it is all based on State law)
2. Under NC law, where the ACC is incorporated, the law says that the unincorporated non-profit company (how the ACC is organized) is considered a resident of EVERY STATE WHERE THE ORGANIZTION HAS A MEMBER. (and the ACC has 2 members in Fla, so the ACC is a Florida resident for purposes of litigation (thus no diversity jurisdiction to move it to federal ct with parties from 2 different states).....same reason they will be unable to move Clemson to Fed Ct....they have a "member" in SC....so the ACC is also a SC resident)
This post was edited by wbbesq 22 hours ago
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110%er [6106]
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all I can add, is that I would not want to be the ACC in a Florida
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Apr 10, 2024, 3:11 PM
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civil trial. ACC will get no love in this venue. I like FSU's chances because case will be tried in Florida.
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All-In [26078]
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Re: all I can add, is that I would not want to be the ACC in a Florida
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Apr 10, 2024, 3:15 PM
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And I don't want us anywhere near the corruption that goes on in the SEC.
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Legend [19208]
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All South for me.
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Apr 10, 2024, 4:28 PM
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Close and great Southern places.
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Starter [392]
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Re: all I can add, is that I would not want to be the ACC in a Florida
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Apr 10, 2024, 5:38 PM
[ in reply to Re: all I can add, is that I would not want to be the ACC in a Florida ] |
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And I don't want us anywhere near the corruption that goes on in the SEC.
Sports corruption cannot hold a candle to what is done to get that research money in the Big 10. One of my professors that came from a university that wants you to know their college name starts with 'The' says he has first hand knowledge. Goes to show that you have no idea where corruption is located.
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Orange Blooded [4085]
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Orange Blooded [3245]
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Re: all I can add, is that I would not want to be the ACC in a Florida
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Apr 10, 2024, 3:20 PM
[ in reply to all I can add, is that I would not want to be the ACC in a Florida ] |
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The beauty part of that is if FSU succeeds; we would have precedence set on our side in our case.
I also see the argument of multiple states working for and against FSU. Because there are members in multiple states within the ACC as a whole. It’s not JUST the state of Florida under this contract.
I still see this as a selling and buying of rights case. 99% of the buyers have won cases against the seller. Case in point is George Lucas vs Hasbro toys. He sold his toy rights super cheap and Star Wars blew up. He wanted them back. Will be interesting to see how this plays out. We all did sign the contract selling our media rights.
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MVP [513]
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CU Guru [1774]
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Re: Case will be in North Carolina still...
Apr 10, 2024, 4:56 PM
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This was already decided yesterday. The Leon County case in FL goes forward.
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Orange Blooded [4085]
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110%er [6861]
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They should be.
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Apr 10, 2024, 3:32 PM
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They rarely beat us now even with every advantage the SEC has to offer - recruiting, money, media, etc. Imagine if you take all of those away.....
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110%er [6924]
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They should be nervous that they may get relegated when
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Apr 10, 2024, 3:59 PM
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football goes to a 64 team super league
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110%er [8552]
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Re: Coots are extremly nervous we coming to the SEC
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Apr 10, 2024, 4:01 PM
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We are not going to the SEC.
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Legend [19208]
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Crystal Ball
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Apr 10, 2024, 4:29 PM
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Coot ESP?
Message was edited by: AThomas®
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CU Medallion [57318]
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Re: Coots are extremly nervous we coming to the SEC
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Apr 10, 2024, 4:32 PM
[ in reply to Re: Coots are extremly nervous we coming to the SEC ] |
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Well that settles that then, coot.
But to be honest, it's not just the coots - the entire SEC should be worried.
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110%er [6240]
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Standout [311]
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All-TigerNet [10936]
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Re: Coots are extremly nervous we coming to the SEC
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Apr 10, 2024, 5:34 PM
[ in reply to Re: Coots are extremly nervous we coming to the SEC ] |
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Valley Coot and the rest of them don't want to see Clemson in the SEC with the money and playing field level. It's already hard enough for them to beat the tigers.
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CU Guru [1774]
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This is actually an excellent summary
Apr 10, 2024, 4:58 PM
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of the court proceedings yesterday!
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All-In [44068]
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I dont think the coots really care what we do.
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Apr 10, 2024, 5:37 PM
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We already play them each year in every sport.
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Starter [392]
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Re: I dont think the coots really care what we do.
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Apr 10, 2024, 5:39 PM
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We're shaking in our cleats. Look what happened the last time we played you. LOL! Come on over. It'll be fun.
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Heisman Winner [134974]
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First time you all beat us in how many years?***
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Apr 10, 2024, 6:38 PM
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110%er [6924]
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Orange Blooded [4085]
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