Maryland is subpoenaing the world

[billybud]

Maryland had no intention of paying the $20 million exit fee...They had every intention to take off saying.."we'd rather owe it too you then beat you out of it."

That has become abundantly clear now..as they whine about the ACC withholding the $20 million as the bylaws clearly authorize.

 

[Pat125]

I'm not sure what the bylaws say regarding payment, but apparently the withholding of money is not in the bylaws. Regardless, the ACC made it abundantly clear that they weren't accepting less than $52 million. Had the ACC presidents settled on $20 million and Maryland balked, then I would be on your side here. Now, I hope they don't have to pay a cent, and probably deserve a few bucks from the ACC at this point. Sorry you guys are stuck there, as it appears FSU may have been less happy about staying.

 

[UConnSportsGuy]

This is a high stakes game of Chicken. I don't think either side wants to get to discovery as part of a legal case. My guess is that the ACC ( and ESPN) have much more to lose in this and will blink first. But they will both project strength until the very last second when the ACC will settle right before the case proceeds.

 

[billybud]

I'm not sure what the bylaws say regarding payment, but apparently the withholding of money is not in the bylaws. Regardless, the ACC made it abundantly clear that they weren't accepting less than $52 million. Had the ACC presidents settled on $20 million and Maryland balked, then I would be on your side here. Now, I hope they don't have to pay a cent, and probably deserve a few bucks from the ACC at this point. Sorry you guys are stuck there, as it appears FSU may have been less happy about staying.

Section IV-5, “Withdrawal of Members”

To withdraw from the conference a member must file an official notice of withdrawal with each of the conference members and the commissioner on or before August 15 for the withdrawal to be effective June 30 of the following year.

Upon official notice of withdrawal, the member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to three times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal.

The Conference may offset the amount of such payment against any distributions otherwise due such member for any Conference year. Any remaining amount due shall be paid by the withdrawing member within 30 days after the effective date of withdrawal. The withdrawing member shall have no claim on the assets, accounts or income of the Conference.

 

[billybud]

Withholding upon exit has been in the bylaws for years. Maryland never offered to pay $20 million....or less.

If Maryland had sent a check...(it would have bounced) but it would have shown intent to pay $20 million and litigate the difference. And might have put the ACC on the spot.

Maryland was broke...no money. It has always been a ploy by the Terps...no intention to pay, no money to pay with.

 

[billybud]

An interesting aside is that not a word about the Maryland brouhaha has been on the FSU boards for an eon....nobody really cares.

I just surveyed some ACC free boards to see if the front page of threads had mention of Maryland...even in this off season of no game football to talk about.

Clemson Rivals...nada
Clemson Scout...no way
NC Scout.....uh huh
NC Rivals.....nope
Virginia Scout...crickets
Virginia Rivals...nothing

OK...I stopped there. Maryland's departure just is not a concern to ACC football fans...It is more of a schadenfreunde thing for fans of other conferences. The suit is on the Boneyard and on the WVU Big 12 board's page.

 

[RegisteredUconn]

Where's Blumenthal when we need him? Can't we partner with Maryland and tap into some ACC and ESPN money? After all, we're as injured as anyone by all this.

 

[billybud]

UConn should be beating up the B1G for taking Rutgers over the Huskies.

That's as egregious, or more so, then the ACC taking Louisville.

 

[WestCoastHusky]

UConn should be beating up the B1G for taking Rutgers over the Huskies.

That's as egregious, or more so, then the ACC taking Louisville.

No. ACC taking Louisville was a huge slap in the face by the ACC/ESPiN to screw UCONN. ACC took a comunter school over a flagship state university in a much bigger and richer TV market. This on top of the fact that UCONN academics are light years ahead of UL.

I don't think many UCONN fans will ever forget what ACC, BCU and ESPiN did last few years to destroy the BE. There are a ton of back door dealings that went on with every intention of destroying a potential competitor (BE) while protecting ESPiN's sole property (ACC). I really hope Maryland can help bring all this in the open.

 

[The Viking]

UConn should be beating up the B1G for taking Rutgers over the Huskies.

That's as egregious, or more so, then the ACC taking Louisville.

From an academic standpoint, the B1G stayed consistent by taking Rutgers (AAU), while the ACC's choice was shocking.

In the days leading to the Louisville announcement, wasn't their an ACC president who was anonymously quoted as saying that the ACC presidents would insist that academics be a big part of the evaluation for next school in?

 

[justinslot]

UConn should be beating up the B1G for taking Rutgers over the Huskies.

That's as egregious, or more so, then the ACC taking Louisville.

That's....umm, absurd, to put it kindly. The B1G took two AAU flagships that required no compromise on their existing standards. The ACC took a commuter school that owns a high revenue arena over a state flagship national university with strong academics and WITH GREATER ATHLETIC SUCCESS THAN THE COMMUTER SCHOOL. And they blew up their existing academic standards in the process.

(Full disclosure: I'm the Rutgers/Temple lurker. Also an old timey Big East fan (grew up as a SHU fan.) All the comments in this thread noting the irony of ACC fans complaining about the B1G doing to them what they did to the BE multiple times I strongly cosign.)

 

[WestCoastHusky]

This on top of the fact that AAC is full of urban schools that are UL's peers. UCONN has nothing in common with those schools. The crime of it all is the fact ESPiN used its gopher the ACC to destroy UCONN's former conference while leaving UCONN out of the P5. I feel if nothing else happens in the next few years and UCONN's BE exit money dries up, it is time to file that lawsuit.

 

[DarthGrumpy]

Fishy your quote made me think of a call into Francesa's show yesterday.

The conversation lasted on for Calhoun for about an hour and a BC caller said that they were too ethical to go after a coach like Calhoun.

Francesa in his classic angry tirade said something along the lines of "Oh, BC is ethical? Why don't you ask the Big East how ethical Boston College is when they went behind the backs of their fellow members. I can get Tranghese on the phone right now to talk about how ethical Boston College is if you want"

Not to mention some minor gambling/point shaving incidents and BC was created by one of the most ethical entities out there, the Catholic Church.

 

[Adios]

Are Duke and UNC ever going to play UMD again??

 

[btstimpy]

Your so stuck on these stinking sacred bylaws the ACC alleges Maryland is not following, yet completely ignore that one of Maryland's main legal arguments is the increase and/or the procedure followed leading up to the increase vote of the exit fee was against ACC bylaws.

You are stuck on what you write. Maryland has made your argument in motions in front of 5 judges. It was stayed in Maryland and shot down by the circuit judge and 2 appellate judges in North Carolina as overrulled by the fact that Maryland agreed to be bound by the votes of the Council of Presidents.

 

[btstimpy]

Are Duke and UNC ever going to play UMD again??

UNC hasn't commented. Coach K has publicly stated that he will not allow Duke to schedule Maryland again during the regular season. After he retires, who knows?

 

[btstimpy]

The ACC and Swofford had no respect for the Big East bylaws. If he did, he would have insisted and not allowed any of the former seven Big East teams to join until the 27 months were up.

As I said before, the ACC presidents should have had an executive session without Swofford and agreed to let Maryland leave for $20 million. But apparently greed, indifference, or unwillingness to tell Swofford to stick it with his slimy ethics, got in the way. Maryland should not have to give in and be a party to illegal bylaws.

Billybud, as your article about FSU's entrance indicated, Maryland was against expansion of any team. When they lost that vote, they supported FSU's entrance. You indicated that the sentiment of yours and perhaps most that FSU going to the ACC was a mistake. So perhaps Maryland tried to do FSU a favor in their original vote. And with them leaving, that's one less easy team to beat in football. But you still have Virginia and others. And I agree with you, July can't come fast enough.

Totally disagree. According to Dr. Wallace Loh, he did not speak with the Big Ten Conference until after the ACC Exit Fee was changed to 3 times operating revenue, or $52 million. He made the decision to leave the ACC with full knowledge of what the Exit Fee is. No one, not Swofford or another ACC president snuck this up on Dr. Wallace Loh. It is now time for Dr. Wallace Loh to have Maryland pay it and to leave.

As for not respecting the 27 months in the Big East, what is the ACC supposed to do? Tell these schools to sit out a year as an independent after they negotiated a higher payment to leave the Big East after 2 seasons instead of 3 seasons? The schools wanted to join the ACC. The ACC didn't annex them. The Big East had already offered new members and needed them to move out. It would be like Maryland trying to stay in the ACC now. What would the ACC tell Louisville?

 

[btstimpy]

Section IV-5, “Withdrawal of Members”

To withdraw from the conference a member must file an official notice of withdrawal with each of the conference members and the commissioner on or before August 15 for the withdrawal to be effective June 30 of the following year.

Upon official notice of withdrawal, the member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to three times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal.

The Conference may offset the amount of such payment against any distributions otherwise due such member for any Conference year. Any remaining amount due shall be paid by the withdrawing member within 30 days after the effective date of withdrawal. The withdrawing member shall have no claim on the assets, accounts or income of the Conference.

This has always been the case, and if the Maryland legal team didn't read it, the Judges have and have dismissed Maryland's argument twice. The ACC continues to collect the offset.

 

[UConn990411]

I won't miss Maryland at all. I also don't see them going to any greener pastures, just frozen ones. I definitely don't want my school to consider following them.

But Maryland's blatant disrespect of the ACC bylaws does piss me off, and the ACC needs to assure that Maryland pays the full amount to leave that the bylaws provision calls for. These subpoenas are just a distraction. Maryland has no damages case, and won't find one either. They have shouted to the mountain top about their perceived greener pastures.

Your delusion has actually begun to impress me.

 

[btstimpy]

From an academic standpoint, the B1G stayed consistent by taking Rutgers (AAU), while the ACC's choice was shocking.

In the days leading to the Louisville announcement, wasn't their an ACC president who was anonymously quoted as saying that the ACC presidents would insist that academics be a big part of the evaluation for next school in?

Did you watch the Louisville-Rutgers men's basketball game at the AAC tournament? During this go around, that's what the ACC focused on more than academics. And as I have stated very clearly many times in a couple of other threads, the academics between Louisville and other choices are not dramatically different. I would have liked to have seen the ACC invite UConn, and I still do. But it is not because of academics. If it were academics, I'd be pushing for Yale instead (good academics, same state).

 

[Fishy]

All of them claim not to care about Maryland....

But they're drawn like a moths to a flame the second the Terps are mentioned.

 

[WestCoastHusky]

Did you watch the Louisville-Rutgers men's basketball game at the AAC tournament? During this go around, that's what the ACC focused on more than academics. And as I have stated very clearly many times in a couple of other threads, the academics between Louisville and other choices are not dramatically different. I would have liked to have seen the ACC invite UConn, and I still do. But it is not because of academics. If it were academics, I'd be pushing for Yale instead (good academics, same state).

I honestly don't care who the ACC invite. I am more interested on how the ACC/ESPiN destroyed the BE. Here are a list of questions I would like to see answered:

1. Right after BE turned down ESPiN's $1.4B offer, ACC and slim ball Swofford invited Pitt and CUSE in the middle of the night ninja style. Former BE commissioner Marinatto had no clue. He found out about it at a Maryland/UVA game I believe. He heard it on the news like everyone else. FYI, I predicted right after the BE turned down the ESPiN offer that ESPiN would try to destroy the BE. This was the move.

2. Pitt president at the time was head of the BE TV committee. He had all kinds of insider info on the BE TV deal negotiation. I am curious to find out when did he started talking to the ACC and what kind of info did he shared with the ACC. I would like someone to put this slim ball on the stand.

3. It was not a big surprise that once Pitt and Cuse bailed, rest of the BE fell apart. ESPiN and the ACC knew this. I would like to see what ESPiN shared with the ACC regarding BE's TV negotiations and how they "advised" their gopher on exactly what to do to pick the BE part.

Anyway, I really hope Maryland's lawsuit will shed some light into all these behind-the-back in the dark activities. It would be nice to put Swofford on the stand and see what he has to say.

 

[Ldandy]

All of them claim not to care about Maryland....

But they're drawn like a moths to a flame the second the Terps are mentioned.

So true. Even Buckanieer would be impressed by their level of vigilance.

 

[billybud]

But why wouldn't you pick Louisville for athletics...a national champion in basketball, a BCS bowl winner, a college world series team.......

Sure, UConn can sniff about doing better in a brain bowl...but Louisville is much better then UConn of late in basketball, football, and baseball.

 

[billybud]

From an academic standpoint, the B1G stayed consistent by taking Rutgers (AAU), while the ACC's choice was shocking.

In the days leading to the Louisville announcement, wasn't their an ACC president who was anonymously quoted as saying that the ACC presidents would insist that academics be a big part of the evaluation for next school in?

No. Link?