College-Football
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: College-Football
College-Football
Case 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Football BIELEMAPLAINTIFFV.Case No. 5:20-cv-05104-PKHTHE RAZORBACK FOUNDATION. INC.DEFENDANTCOMPLAINTThrough the undersigned counsel, the plaintiff. Bret Bielema. brings this action for Breach of Contract and False Light Invasion of Privacy against the defendant. The Razorback Foundation, Inc., and alleges: College-FootballJURISDICTION1.Bret A. Bielema (“Coach Bielema”) is a citizen and resident of Norfolk County, Massachusetts.2.The Razorback Foundation. Inc. ("the FounCollege-Football
dation”) is an Arkansas non-profit corporation. The Foundation’s principal place of business is in Fayetteville, Washington County, Arkansas.3.There iCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballmatter jurisdiction of this dispute pursuant to 28 u.s.c. § 1332.1Case 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 2 VENUE4.This action is based on the Foundation's breach of a "Release and Waiver Agreement” entered into between the parties on January 30. 2018 in Washington County. .Arkansas. A College-Footballs further explained below, the "Release and Waiver Agreement” is one of five interrelated written contracts that Coach Bielema entered into as the heaCollege-Football
d football coach, and then former head coach, of the Arkansas Razorbacks.5.Coach Bielema and the Board of Trustees of the University of Arkansas ("theCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Football. Exhibit 2. Coach Bielema and the Foundation were parties to the other three contracts, a 2012 Personal Sendees and Guaranty Agreement. Exhibit 3, a 2015 Personal Sen ices and Guaranty Agreement, Exhibit 4, and a Release and Waiver Agreement. Exhibit 5. These five interrelated contracts are attache College-Footballd to this Complaint and are incorporated herein by reference. In collegiate sports, the Personal Senices and Guaranty Agreements and the Release and WCollege-Football
aiver Agreement would commonly be referred to as “buyout agreements." For the sake of clarity, the 2012 Personal Sen ices and Guaranty Agreement will Case 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballthe Release and Waiver Agreement will be referred to as the "Final Buyout Agreement.”6.The 2012 and 2015 Buyout Agreements included a forum selection clause that provided venue would lie “solely with the Circuit Court of Washington County, Arkansas." Exhibit 3, at 5-6 c 15; Exhibit 4. at 5 T 15 (emp College-Footballhasis added ). Instead of referring to a particular state or federal court, the forum selection clause in the Final Buyout Agreement is only a2Case 5:College-Football
20-cv-05104-PKH Document 2 Filed 06/12/20 Page 3 geographical restriction on where the parties may file a lawsuit to enforce its terms: “Washington CoCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Football, pursuant to 28 u.s.c. § 1391 and the precedent established by Judge Holmes’s opinion in jVw7Ạpơ?7//ea//A Services of Ark., ĩ.ĩ.c V. Ellis.1 the Fayetteville Division of this Court is a proper venue for this action.PARTIESCoach Bidcina7.Coach Bielema is currently the "Outside Linebackers Coach and College-FootballSenior Assistant” for the New York Giants ("Giants"), a professional sports organization that is part of the National Football League ("NFL"). BeforeCollege-Football
joining the Giants earlier this year. Coach Bielema worked for the New England Patriots ("Patriots"), another professional sports organization that isCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Football compensation - the last of which involved a promotion from "Special Assistant to the Head Coach" to "Defensive Line Coach." Contrary to published media reports based on anonymous sources associated with the Foundation and/or the Razorbacks Athletic Department (".Athletic Department”), Coach Biclcma College-Football was never a "volunteer” for the Patriots. Nor did he ever perform sen ices for the Patriots "for free.”8.From 2012 until 2017, Coach Bielema was theCollege-Football
University’s head football coach, ending with a 29-34 win loss record. From 2006 until 2012. Coach Biclema was the head football1 No. 2:20-C\-02021. 2Case 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballisconsin”), where he achieved three consecutive conference titles and a 68-24 win/loss record.9.Like virtually every other NCAA Division I ("DI”) head football coach. Coach Bielema is assisted by a sports agent in all his dealings with universities and their fundraising affiliates. At all times rele College-Footballvant to the allegations in this Complaint. Coach Bielema was represented by Neil Comrich, President and owner of NC Sports, LLC. Mr. Comrich has beenCollege-Football
a leader in the field of spoils management for over 25 years. In 2013. Sports Illustrated ranked Cornrich among the 15 most influential agents in sporCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballicensed attorney. Mr. Comrich lectures on a variety of sports management topics throughout the country. He frequently sen es as an expert in his field, appearing in the national media from Sports Illustrated and USA Today’ to ESPN and CNN, and speaking at colleges and universities such as Harvard La College-Footballw School.The Razorback Foundation10.According to the records of the Arkansas Secretary of State, the Foundation was formed as a domestic non-profit coCollege-Football
rporation on October 17, 1980. The Foundation’s website identifies its mission "to support the athletic endeavors of the University of Arkansas RazorbCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Football support."11.The mission of the Foundation is to support the athletic endeavors of the University of Arkansas Razorbacks ("Razorbacks"). The Foundation is so intertwined with every aspect of the University's Athletics Department that it functions as an arm of the Athletics Department.4Case 5:20-cv-0 College-Football5104-PKH Document? Filed 06/12/20 Page 5 12.Scott Varady, a well-liked member of the Arkansas Bar. is the Executive Director and General Counsel of thCollege-Football
e Foundation. Mr. Varady was named Executive Director and General Counsel of the Foundation on or about October 6.2015. Before his appointment. Mr. VaCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballer "Executive Director") is one of fourteen Arkansans who serve as officers and or directors of the Foundation’s Board of Directors.13.In-depth knowledge about the intricacies of coaching contracts is not a prerequisite to being named Executive Director of the Foundation or being elected to its Boar College-Footballd. Nor does anyone expect the Executive Director and Board members to be familiar with the career progression of college football coaches, standard acCollege-Football
cepted paths for assistant coaches to advance to head coach positions, standard accepted practices used by displaced head football coaches to transitiCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballfired for not winning enough games. Likewise, nobody expects the Executive Director and Board members to know anything about the average compensation paid to assistant coaches or administrative staff members for NFL head coaches: Those compensation arrangements are considered confidential, and the a College-Footballccuracy of published reports about average compensation for those positions is not easily verified.14.Asa practical matter, it is far more important tCollege-Football
o the success of the Foundation that its Board members have extensive backgrounds in business, be financially sophisticated and well connected, and haCase 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 1 IN THE UNITED STATED DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISIONBRET A. College-Footballancial5Case 5:20-cv-05104-PKH Document 2 Filed 06/12/20 Page 6 https://khothuvieri.comGọi ngay
Chat zalo
Facebook