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Ostrich Update #3
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Ostrich Update #3


Feb 18, 2013, 2:56 PM

Just some more general information that "absolutely doesn't matter". The ACC is "rock solid" according to most on our site, and everyone in the "Ostrich Club".

1. UNC and Maryland are on the court docket today in NC. This is the request for change of venue to Maryland. Most expect a quick dismissal of Maryland's suit from the NC court. Could even happen today, but likely sometime this week.

2. Maryland will appeal and cite "homerism" . at the same time the Suit brought in Maryland against the ACC will get "turtle-homerism" treatment and be escalated. Marlyand has some interesting case law to cite that attempts to prove that Maryland University is part of the state of Maryland and not subject to laws of NC. Expect home cooking to prevail in Maryland courts as well.

3. This will set up what we in the "Ostrich Club" call the "blink moment" for John Swofford and the ACC.

Swofford will have to decide if he can hold off the Big 10 if he settles for less than 52 million with Maryland. Maryland will be listening to whatever Delaney tells them to do related to any settlement offer. (key point)

If Swofford goes "all in" and stands firm at 52 million, he risks losing and getting nothing or only the amount of money lost by the combination Maryland's exit and Louisville's joining. Many third parties think the ACC gained rather than lost revenue by adding Louisville. Why would that matter? Because there is precedent that "punitive" exit fees are not legal.

Do you notice what Delaney did there? ("His momma didn't raise no fool") By taking Maryland first, he set a trap for Mr Swofford.

Swofford can't settle without risking Delaney taking more schools. He tried to get the remaining schools to sign on for a Grant of Media Rights without success. If he could have gotten that done , a settlement would have brought a much more acceptable risk level.

Notre Dame decided to wait on moving all their non-football sports to the ACC. That is just provided as an interesting tidbit. I wonder why they did that?

Again, this is an Ostrich Update. There is nothing to worry about. The ACC is fine and strong. Why in the world would anyone consider other options.

Just saying...

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Maryland


Feb 18, 2013, 2:58 PM

University?

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We're friends. You laugh, I laugh. You cry, I cry. You jump off a bridge, I get in my boat and save your retarded a$$.


THE University of Clemson could be infected.***


Feb 18, 2013, 3:00 PM



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Cole @ Beach Cole w/ Clemson Hat


Re: Ostrich Update #3


Feb 18, 2013, 3:02 PM

I do think the ACC will be raided again by the Big 10, but I think you are wrong about the venue change.

The ruling taking place in NC makes perfect sense to me since the ACC was chartered in NC.

I do agree that Swofford has to not blink or it will be the death of the ACC as we know it. Knowing Swofford, he'll cave.

None of this would be happening if Swofford would have done a little out of the box thinking before signing up the ACC for that long, piss-poor contract with ESPN.

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"When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car."

"I don't suffer from insanity. I enjoy every minute of it."


If I ever get busted... I am definitely claiming "homerism"***


Feb 18, 2013, 3:11 PM



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"Excuse me? I don't go down to your work and tell you how to flip the burger!"


It's the perfect defense for me too!***


Feb 18, 2013, 3:56 PM



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Re: Ostrich Update #3


Feb 18, 2013, 3:14 PM

Thank you for your legal analysis. Do you have a degree? I do. I noticed that the hearing on the Motion regarding lack of personal jurisidction, not venue, is in front of Judge Craig today. I assume you know Judge Craig and the fact he is from Greensboro from your legal analysis. Also, I'd also assume you understand that Superior Court judges typically do 1 of 2 things when they have a hearing. One, they rule from the bench. Two, they take the matter under advisement, which means that they rule whenever they darn well please.

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Don't let Mike Ross get to you Harvey...


Feb 18, 2013, 3:22 PM

he's just baiting you with his mad lawyering skills.

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"Excuse me? I don't go down to your work and tell you how to flip the burger!"


Re: Ostrich Update #3


Feb 18, 2013, 3:27 PM [ in reply to Re: Ostrich Update #3 ]

> Thank you for your legal analysis. Do you have a
> degree? I do. I noticed that the hearing on the
> Motion regarding lack of personal jurisidction, not
> venue, is in front of Judge Craig today. I assume you
> know Judge Craig and the fact he is from Greensboro
> from your legal analysis. Also, I'd also assume you
> understand that Superior Court judges typically do 1
> of 2 things when they have a hearing. One, they rule
> from the bench. Two, they take the matter under
> advisement, which means that they rule whenever they
> darn well please.

Well I do not have a legal degree, But I did stay at a Holiday Inn Express last night.

I feel pretty comfy posting an opinion piece on a message board sans the degree.

On the other hand, do you have a valid membership in the Ostrich Club? or are you just posting based on a hotel stay as well? Either is acceptable, just curious, and have a great day!

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Re: Ostrich Update #3


Feb 18, 2013, 3:59 PM

You are welcome. Since you said that Maryland would win its motion. Why don't you explain to me what personal jurisidiction means...

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I think i said that they would lose their motion to dismiss


Feb 18, 2013, 4:09 PM

> You are welcome. Since you said that Maryland would
> win its motion. Why don't you explain to me what
> personal jurisidiction means...

OK, I understand you want to have a legal debate with a guy that stayed at the Holiday Inn. No problem from my end. Believe me , I have had to work with enough of you guys to undertsand just how brilliant you really are.

BTW , when the world ends there will still be 3 things.

#### Roaches
Emails
Lawyers

****************

Maryland Attorney General Douglas Gansler has filed an antitrust lawsuit against the Atlantic Coast Conference, accusing the conference of charging an illegal $52 million exit fee for the University of Maryland.

"Our lawsuit calls the ACC's 'exit fee' what it really is — an antitrust violation and an illegal penalty," Gansler said in announcing the lawsuit.

Gansler's lawsuit follows the university's decision in November that it would leave the Greensboro-based ACC for the Big Ten Conference in 2014. In his lawsuit, Gansler explains that the move was to provide financial security for the university's athletic programs and enhance its educational and research opportunities through the Committee on Institutional Cooperation, an academic consortium of the universities in the Big Ten and the University of Chicago.

Following Maryland's decision to leave the ACC, the conference sued the university to ensure that it paid the $52 million withdrawal fee due at its departure. The ACC in September raised the exit fee to three times the $17.4 million operating budget of the conference in a move that was not supported by University of Maryland President Wallace Loh.

Gansler has also filed a motion to dismiss the ACC's lawsuit, arguing that the North Carolina court has no jurisdiction over the state of Maryland and its public universities.


http://www.bizjournals.com/triad/news/2013/01/24/maryland-attorney-general-files.html

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Re: I think i said that they would lose their motion to dismiss


Feb 18, 2013, 7:22 PM

Redundant

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Did you have your asst read for you?


Feb 18, 2013, 4:20 PM [ in reply to Re: Ostrich Update #3 ]

> You are welcome. Since you said that Maryland would
> win its motion. Why don't you explain to me what
> personal jurisidiction means...

If i thought/said Maryland would win the NC Case for dismissal...

1. Why would the next bullet say , Maryland would appeal with the "Homerism" joke?

2. Why would I then say this same "homerism' could cause the case in Maryland to be escalated/

3. I do not know the Judge that you asked me about, but I doubt seriously if you know Jessica (she was the front desk attendant @ the Holiday Inn express when I checked in yesterday.

Again, have a great day. I take it that we can assume from your legal position Maryland has no case in either NC or Maryland, the 52 Million fee will stand, and this is just idle chatter. albeit, interesting chatter to some?

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Re: Ostrich Update #3


Feb 18, 2013, 8:45 PM [ in reply to Re: Ostrich Update #3 ]

> You are welcome. Since you said that Maryland would
> win its motion. Why don't you explain to me what
> personal jurisidiction means...

I will , right after you explain how a "state" is subject to persona
Jurisdiction?

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At least you admitted that all of that was an opinion.


Feb 18, 2013, 4:54 PM [ in reply to Re: Ostrich Update #3 ]

I don't know what the "ostrich club" is, but I do have a dog in the fight like everyone else I guess since I'm a Clemson graduate and started going to lots of games (football, basketball, baseball, soccer, etc.) when I was a little kid.

I'm interested in the legal battle between the ACC and Maryland. I am completely unaware that "homerism" has precedence in a legal battle. But, I've never cared for Maryland much even though they were a charter member of the ACC so I won't miss them and I wouldn't mind seeing the ACC win this legal battle.

I will say that Clemson going to the Big 12 (minus some number that I don't care to look up right now) or Big 10 (plus some number that I don't care to look up right now) is absurd. I'm guessing that is the end game here in your mind, if it is not I apologize for inferring something that you did not imply.

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Re: At least you admitted that all of that was an opinion.


Feb 18, 2013, 5:26 PM

> I don't know what the "ostrich club" is, but I do
> have a dog in the fight like everyone else I guess
> since I'm a Clemson graduate and started going to
> lots of games (football, basketball, baseball,
> soccer, etc.) when I was a little kid.
>
> I'm interested in the legal battle between the ACC
> and Maryland. I am completely unaware that
> "homerism" has precedence in a legal battle. But,
> I've never cared for Maryland much even though they
> were a charter member of the ACC so I won't miss them
> and I wouldn't mind seeing the ACC win this legal
> battle.
>
> I will say that Clemson going to the Big 12 (minus
> some number that I don't care to look up right now)
> or Big 10 (plus some number that I don't care to look
> up right now) is absurd. I'm guessing that is the
> end game here in your mind, if it is not I apologize
> for inferring something that you did not imply.

Ostrich Club= all those Clemson Fans that believe that the ACC is rock solid and that the only people that think otherwise are in West Virginia. They have decided that there is absolutely no threat to the ACC and anyone that sees that the ACC is at risk is an idiot or a non- Clemson man.

I am very comfortable with my Clemson "pedigree" and don't know how I could be much "oranger" , as a 50 year old second generation Tiger with two other Clemson who's older sister was born while my father was playing for coach howard right after the blue Bonnet bowl in 58.

I love Clemson, I would like nothing better than to see the ACC survive and thrive, but those of you who think that there is zero chance that something else is going to happen need to form an "Ostrich Club"

Go Tigers! I just want Clemson to remain in the top division of College football after "any" movement occurs.

Go Tigers!

and for the people that think I said that UM was going to win in NC courts, I just do not know what to say.

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another opinion


Feb 18, 2013, 7:13 PM

http://www.tigernet.com/forums/thread.jspa?forumID=1&threadID=1215054&messageID=13615109#13615109

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"Homerism" Defined by example


Feb 18, 2013, 5:37 PM [ in reply to At least you admitted that all of that was an opinion. ]

> I don't know what the "ostrich club" is, but I do
> have a dog in the fight like everyone else I guess
> since I'm a Clemson graduate and started going to
> lots of games (football, basketball, baseball,
> soccer, etc.) when I was a little kid.
>
> I'm interested in the legal battle between the ACC
> and Maryland. I am completely unaware that
> "homerism" has precedence in a legal battle. But,
> I've never cared for Maryland much even though they
> were a charter member of the ACC so I won't miss them
> and I wouldn't mind seeing the ACC win this legal
> battle.
>
> I will say that Clemson going to the Big 12 (minus
> some number that I don't care to look up right now)
> or Big 10 (plus some number that I don't care to look
> up right now) is absurd. I'm guessing that is the
> end game here in your mind, if it is not I apologize
> for inferring something that you did not imply.

"Homerism"-
1. Officiating a UNC vs Clemson Game in Chapel Hill
2. Coverage provided SEC schools on ESPN
3. A BIG reason a company always try to demand "home court" advantage in a business contract.

"Homerisms" Allowing a "self-interest" to affect or in anyway influence a delivered decision.

52 Million is a great deal of money, but you are correct Justice is Blind! Ask OJ's wife's family.

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Score : Holiday Inn Express 1 - Tigernet Lawyer 0


Feb 18, 2013, 5:15 PM [ in reply to Re: Ostrich Update #3 ]

> Thank you for your legal analysis. Do you have a
> degree? I do. I noticed that the hearing on the
> Motion regarding lack of personal jurisidction, not
> venue, is in front of Judge Craig today. I assume you
> know Judge Craig and the fact he is from Greensboro
> from your legal analysis. Also, I'd also assume you
> understand that Superior Court judges typically do 1
> of 2 things when they have a hearing. One, they rule
> from the bench. Two, they take the matter under
> advisement, which means that they rule whenever they
> darn well please.

NC Judge denies UM requst for change

I think what I said was correct so far? I will tip Jessica at the desk at the Holiday Inn next stay.

http://hamptonroads.com/2013/02/nc-judge-keeps-accmaryland-lawsuit-alive

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This is funny


Feb 18, 2013, 3:20 PM

2. Maryland will appeal and cite "homerism" . at the same time the Suit brought in Maryland against the ACC will get "turtle-homerism" treatment and be escalated. Marlyand has some interesting case law to cite that attempts to prove that Maryland University is part of the state of Maryland and not subject to laws of NC. Expect home cooking to prevail in Maryland courts as well.


UMD can claim they're not subject to NC laws all they want, thet'll give the ACC the right to continue to with hold payment, as they are already doing.

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Was there any indication that the 'by laws,' broken by...


Feb 18, 2013, 3:55 PM

'not allowing 15 days before taking the vote on the new agreement,' addressed?

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Re: Ostrich Update #3


Feb 18, 2013, 4:12 PM

I bought a bag of popcorn and a coke and I'm going to watch the legal battle. Should be fun.

When WVU said the Big East in RI had no jurisdiction, they lost in court. When WVU tried to get the venue changed to WV, they lost in court. WVU ended up paying the Big East $20M.

Leads me to favor Hulk Hogan.

The contract exit fee is $50M and based on 3 times annual operating costs of the ACC. Maryland seems likely to claim that fee is a penalty since UMd is worthless and their leaving cost the ACC nothing at all. The judge is likely to look at Louisville and conclude she is a lot better looking that the Terps. No one will argue that point.

Leads me to favor a reduction of fee for the ugly girl now dating Big Tenners and to think Nature Boy has one more win in him.

Wait wait, who is that masked fellow sneaking in from the dark corners of the arena, chair raised over his head?

Gonna be a great night at the fights.

Me? I'm dating the pretty girl, eating popcorn and drinking a bit of dope. Nothing could be finer....

Go Tigers!!

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CRAP! How much did you pay for your seats?


Feb 18, 2013, 4:59 PM

By the time I got here, they stuck me in the upper deck! No coke, no popcorn, and the concessions are closed!

Please text me the action . . . I may be in line at the restroom!!!




Go, Tigers!

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Speaking of Ostriches,


Feb 18, 2013, 4:58 PM

or perhaps terrapins with their heads in their shells.....If you think a judge in NC is going to rule in favor of Maryland you are nuts.

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Orange Googlers Unite

Save Tigernet--Boot the coots(you know who I mean).


Did you even read his post?? He said NC judges would


Feb 18, 2013, 5:11 PM

rule in favor of ACC and MD courts would side with MD.

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Re: Did you even read his post?? He said NC judges would


Feb 18, 2013, 5:13 PM

and they just did.

http://www.ctpost.com/sports/article/NC-judge-keeps-ACC-Maryland-lawsuit-alive-4288052.php

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Re: Did you even read his post?? He said NC judges would


Feb 18, 2013, 5:14 PM

The NC judges sided with the ACC, that is. For those keeping score,
ACC 1
UMd 0

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