Per Shuster: Big Ten Hiring Local Counsel Derailed TRO on Friday
Need the legal guys to weigh in on this regarding if it even makes sense.
In one of the threads on Friday night, someone remarked about having opposing counsel entered in the record.
If so, score one for the Big Ten I guess, but the war isn't over.
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EDIT (LSA) - a "long story made short" reply that I received someone that covers the next steps - "On Friday there will be a hearing on whether the TRO is granted. The TRO would preserve the status quo (JH coaching) until a hearing on the request for preliminary injunction. If the PI is granted, JH can coach until the breach of contract lawsuit is decided on the merits."
November 12th, 2023 at 8:45 PM ^
Attorney here as well, and seconded on hiring local counsel not necessitating a hearing. It could be that with local counsel the judge was confident that he could get a hearing soon enough that waiting was justified, but that still requires the judge to think that Harbaugh missing one game wasn’t enough to justify ex parte injunctive relief.
In any kind of ex parte relief, the question of how soon can we get a hearing with both parties always matters. The longer it would take to get the parties together, the better the case for ex parte relief and vice-versa. But even non local counsel could indicate that they could make a hearing within a week.
November 12th, 2023 at 8:55 PM ^
I think they will just treat it as a PI hearing.
November 12th, 2023 at 8:58 PM ^
exactly. on short notice, virtually no discovery and maybe a tiny bit of testimony but it's going to determine what's going to happen for the next 2-3 months at a minimum.
November 12th, 2023 at 9:08 PM ^
Yea I can’t imagine what discovery is needed. It’s purely a legal issue. It’s not like a misappropriation of trade secrets case
November 12th, 2023 at 10:40 PM ^
Funny, because the B1G figures no discovery is needed either. Just make decisions. No facts needed.
November 12th, 2023 at 11:54 PM ^
So the TRO was denied then? Can we just call it what it is?
November 12th, 2023 at 8:16 PM ^
The B1G can suck our dicks
November 12th, 2023 at 8:16 PM ^
Is this an indication that the entire operation was specifically planned to remove Harbaugh from the Penn State game? Why are they so convinced that Michigan must be XXL punished while totally ignoring the rather clear and obvious collusion from past years?
November 12th, 2023 at 8:17 PM ^
None of this is an accurate description of the TRO process. This guy is a blowhard.
November 12th, 2023 at 8:17 PM ^
This in addition to telling Pete Thamel about the suspension before the Regents is cause to think that this is personal. Time to start taking calls from the SEC and ACC.
November 12th, 2023 at 8:19 PM ^
B1G can hide behind an awful lot of bullshit to pretend they have honest intentions, but that particular transgression gives away the plot, IMO.
November 12th, 2023 at 8:19 PM ^
This fails to pass the sniff test.
I’ll defer to any litigators who’d like to correct me, but this is what he’s alleging:
Big Ten: hahaha, I will nefariously delay my activities until the court is closed so injunctive relief will be unavailable.
Michigan: Judge, we’re facing imminent harm prior to the next scheduled court date. Please help!
Judge: OK, I’m about to sign a TRO ex parte, and I will then schedule a hearing so the Big Ten can respond.
Big Ten: We anticipated this, so we have a lawyer who wants to respond.
Judge: Sorry, my hands are tied… (????)
It seems to me that the judge could have granted the TRO and still scheduled the hearing for Friday, with the only difference being that the three regular season games would have then expected into next year if the Big Ten were to prevail.
November 12th, 2023 at 8:30 PM ^
That's the thing I'm not getting.
The Big Ten certainly would not be harmed in any way if the judge granted the TRO Friday and then scheduled the hearing the following week.
Seems like if he was not going to deny it outright Friday, then that would have been the correct path to avoid the possibility of Harbaugh/Michigan being harmed this weekend. Particularly, given the late suspension.
It's weird.
November 12th, 2023 at 8:34 PM ^
Who knows what the Judge was thinking. Being a Michigan grad can be a problem here and him having to go to extreme lengths to be unbiased. May be that weighed into his decision.
November 12th, 2023 at 8:34 PM ^
Is it possible that the transfer of the case from Connors, to Kuhnke, then back to Connors ate up so much time Friday night into Saturday morning, that it would have been impossible to read all the briefs, have a hearing, then compose an "air-tight" finding not immediately appealable, all in time for the PSU game?
Also, that in the interest of rendering the decision less subject to appeal, that it makes sense to have an actual hearing with both parties present?
November 12th, 2023 at 9:02 PM ^
Also, that in the interest of rendering the decision less subject to appeal, that it makes sense to have an actual hearing with both parties present?
No. AFAIK, TROs aren’t subject to appeal, and anyway, unless the appeals court would issue an emergency stay to hear the appeal, the TRO would remain in force until the appeal concluded (by which point it would presumably be moot).
Remember, the “T” stands for “Temporary” — they’re intended to preserve the status quo just long enough to hold a hearing. If you have time for a hearing, you’d file for a preliminary injunction instead. A preliminary injunction remains in place until it is revoked by the court or until the case is resolved.
Friday night, I saw it explained as “requesting a TRO is like calling 9-1-1,” and that seems apt to me. That’s why the standard is imminent harm — the person requesting the TRO is essentially claiming that there is an emergency, and that if the court does not grant immediate relief, irreparable harm would be done. It’s also why the order is temporary: the responding party has rights also, and a TRO is intended to balance between the two.
November 12th, 2023 at 8:23 PM ^
I’m starting to think the Big Ten people aren’t as dumb as they seem. I don’t like that thought, so I will stick with “these guys are tools and fools.”
November 12th, 2023 at 8:35 PM ^
You mean the lawyers? Absolutely. I am sure they are smart. Does not mean UM cannot have the final laugh.
November 12th, 2023 at 8:25 PM ^
Ironic that the Big Ten asks for, and gets, due process. Dicks.
November 12th, 2023 at 9:58 PM ^
Due process is like the fifth amendment. If you ask for it, that’s basically an admission of guilt! Just ask the big boss commish: due process only delays accountability.
November 12th, 2023 at 8:26 PM ^
OSU is the only team that gains by hurting Michigan. The conference and the other lesser teams by association are strengthened by Michigan's NC run. The BIG is in an arms race for CFB superiority and during the BIG's best chance to win a NC in a decade it self sabotages... that makes absolutely no sense of any kind. ULESS the BIG is nothing more than an OSU mouthpiece. Its the only conclusion that can be made.
Now is also a time Michigan should be looking back at 2016 and what happened with the refs. Scream it out of context over and over again. It was a fix. We were hosed. This whole BS just proves it to me.
November 12th, 2023 at 8:43 PM ^
I suspect that it is the arrogant little Tony got over his head. The only way I see this whole thing not blowing up more is that the judge sides with Michigan and the conference accepts it. The conference will self-destruct sooner or latter if it is to be ruled by tyranny.
November 12th, 2023 at 8:33 PM ^
Pardon my Italian but the big ten can suck the fattest part of my cock
November 12th, 2023 at 8:39 PM ^
succhiare il mio pene grasso
November 13th, 2023 at 8:18 AM ^
I was today years old when I learned
Pene = cock
Penne = pasta shaped like a cock
I learn so much on this blog
The Michigan difference.
Bet〽️
November 13th, 2023 at 12:54 PM ^
Well no penne and no vermicelli for me.
November 12th, 2023 at 8:39 PM ^
So the Big Ten hired a lawyer to object to the temp restraining order? Talk about insecure.
November 12th, 2023 at 8:41 PM ^
This is really sad. Sad that our conference mates would want to do this. I mean, the coaches are one thing. And the ADs from OSU/MSU/PSU, what do you expect, I guess. But all the rest of them? All of them? No one said, stop, this is crazy?
And it's sad that the commissioner is so ignorant that he believes health and safety is an issue (it seems to have been his own original thought? I'm still confused about this) and that he seemed to believe that sign stealing itself was illegal, and once it became clear that wasn't true, he still didn't push back.
I really don't get it.
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The only good thing about having lost the TRO is that we had the toughest experience sans Harbaugh we can have (at least before the CFP) and came out victors. As much as it would suck to not have him at the OSU game, that would be less of an issue, with it being at home and with plenty of advanced notice for the team.
And Ryan Day losing to Sherrone Moore would be hilarious (but not unexpected to me).
But I really hope the hearing goes our way Friday and we have Harbaugh because he and the team deserve it.
November 12th, 2023 at 9:48 PM ^
Surprised at our conference mates? Nah. Some of us remember 1973 and a certain 10-10 tie.
November 12th, 2023 at 10:00 PM ^
When decisions defy all sense of reason, expect the basest reason of all: big sacks of cash moving around behind closed doors.
November 12th, 2023 at 8:44 PM ^
Petitti is a real piece of shit.
Need to get out of this conference.
November 12th, 2023 at 8:45 PM ^
Local counsel is not unusual at all. But I don’t know feds like I know my own courts.
November 12th, 2023 at 11:45 PM ^
It’s not federal court
November 12th, 2023 at 8:46 PM ^
Also, if this is true, it was a smart move for the Big Ten to drop their disciplinary decision on Friday.
November 12th, 2023 at 8:56 PM ^
This was done in a strategic manner by the Big Ten to inflict the most chaos and pain on Michigan ahead of their game on Saturday. They didn’t plan on Michigan inflicting it’s own brand of chaos and pain on Penn State!!!
November 13th, 2023 at 12:56 PM ^
Yes. We will run it down your throat so everyone knows this isn’t about signs.
November 12th, 2023 at 8:59 PM ^
This is overly simplistic. Big Ten was always going to need a local lawyer. The Sidley lawyers are not admitted in Michigan. I’m sure they lined this guy up well in advance. Same with Michigan’s lawyers. It’s not like the Big Ten hired this guy last minute to just go throw a wrench in things. In fact, if you look at the proof of service, Michigan’s outside counsel served Big Ten’s outside counsel. When the other side is represented, the chances of ex parte relief go WAY down.
Edit: the docket only reflects an appearance being filed. Nothing else. That’s not an objection. My two biggest gripes about people reporting on legal events and filings: get the basics right. It’s not rocket science. And for the love of God, link the document you’re referencing.
November 12th, 2023 at 9:00 PM ^
That was a smart play by them to avoid the embarrassment for getting the TRO squashed before Harbaugh even served one game and the whole thing was later revealed for the farce it is.
Now at least they scored one legal point before they get destroyed.
"We did not get shut out" - the big ten
November 12th, 2023 at 9:00 PM ^
I am a lawyer in Michigan. I handle a handful of cases in Washtenaw County every year but primarily practice in another county. Most counties in Michigan state court don't have an emergency judge on duty. It isn't clear if a judge has even reviewed the ex parte motion yet. I have gotten ex parte motions granted for my clients and had them granted against my clients when attorneys were already involved, at the beginning of cases, and in the middle of cases. I do not belive Schuster is correct in his tweet. When an ex parte motion is denied it is usually scheduled for a hearing within 2 weeks. I have never had a judge decline to take action on an ex parte motion. If a judge has reviewed the ex parte motion it was most likely denied and set for hearing, at which point the judge will allow both sides to present their arguments and then decide whether to issue a temporary order. Ex parte motions can be difficult to get granted because one side isn't allowed to present their case. The judge is making a decision solely based on the pleadings filed by one party.
November 13th, 2023 at 12:04 AM ^
Thank you. So the TRO was denied. This is helpful to know
November 12th, 2023 at 9:02 PM ^
It'll play out like this... Harbaugh will miss Maryland game, but will be back for OSU. Most everyone deep down wants him in the Game and public opinion will be such that he already missed two games which is enough. Unless I'm delusional.
November 12th, 2023 at 9:08 PM ^
For Harbaugh to miss the Maryland game means we would have to lose the hearing on Friday.
If we lose the hearing on Friday, how do you see Petitti coming out afterwards and saying that Harbaugh can coach against OSU?
November 12th, 2023 at 9:14 PM ^
Well, some people are suggesting a “compromise” of a two-game suspension, which seems unlikely at this point.
But you’re still mistaken — a Friday hearing date absolutely does not mean that a response will come by noon Saturday. And I’m not even talking sleazy lawyer tricks — the judge has to consider the arguments being presented, and that might take some time if the arguments are intricate. It’s quite possible that a decision comes down on Monday to grant a preliminary injunction based upon the hearing Friday.
November 12th, 2023 at 9:33 PM ^
Okay, understood. And thanks for clarifying so now I can just go assuming he won't be coaching at Maryland.
But if the decision comes after Saturday, whether or not Harbaugh coaches against OSU isn't going to be based on Petitti (or the judge) deciding "Okay, enough is enough" like the other poster was suggesting I think.
November 12th, 2023 at 9:20 PM ^
No, missing the Maryland game is just as likely the result of not having sufficient time to issue a ruling. There will be a lot of material for the judge to digest - including amicus briefs which will certainly be filed (I anticipate that the attorneys representing several universities and possibly coaches will weigh in at a minimum). That’s a total of hundreds if not thousands of pages in addition to whatever additional research into applicable case law (if any) the judge decides to do.
November 12th, 2023 at 11:22 PM ^
Because he could only suspend Harbaugh for 2 games, not 3. Unless there was a formal investigation done by the B!G, which probably has not been done or even started.
November 13th, 2023 at 12:15 AM ^
From a jurisdiction and venue standpoint, I suspect it might work out better if the judge doesn't rule on whether Harbaugh can attend an out-of-state game in Maryland but instead limits their order to whether Harbaugh can participate in an in-state game in Michigan where the plaintiffs have much more substantial contacts.
November 12th, 2023 at 9:04 PM ^
If I put my homerism aside for a minute, it’s not as clear that the B1G needs Michigan as much as we might like to believe. While it’s certainly true that Michigan makes the whole conference better in terms of competitiveness, the addition of four blue chip programs from the three West Coast states bring a lot of cachet (and nationwide eyeballs and advertising revenue) in their own right. The money is - at worst - a probably wash for the B1G if we leave. If and only if the incoming schools change their minds before next season would Michigan’s leaving the B1G be felt financially in a significant way.
November 12th, 2023 at 9:11 PM ^
Someone mentioned it is in USC's contract that they have to play Michigan every year???..so if Michigan leaves, would that not cancel their contract? USC (and the others) might say fuck it then..we are not going to the Big 10..they are not full partners anyway