Rodriguez, University of Michigan Will Pay $4 Million to WVU
Various media reports today indicate that West Virginia University has settled its lawsuit against its former head football coach, Rich Rodriguez, for $4 million, the cost of the buyout in his contract. The settlement occurred yesterday at a court-ordered mediation. Here is Associated Press reporter Vicki Smith’s story about the settlement.
Also, according to this story in the Detroit Free Press, Rodriguez’s new employer, the University of Michigan, will pay $2.5 million of the amount immediately. Rodriguez will pay the balance in three payments of $500,000 each, with the first to be paid in 2010. UM also will pay Rodriguez’s attorney’s fees.
Yesterday was the deadline set by the Circuit Court of Monongalia County for Rodriguez to disclose whether UM or any other entity had agreed to pay the buyout on his behalf. Adding to the pressure on Rodriguez was a hearing scheduled today in Michigan on subpoenas that WVU’s lawyers had issued for the depositions of UM President Mary Sue Coleman and UM Athletic Director Bill Martin.
In the interest of completeness and for what they’re worth, here are the deposition transcripts of WVU President Mike Garrison, West Virginia Board of Governors members Steve Farmer and Parry Petroplus, WVU Chief of Staff Craig Walker, and WVU Assistant Athletic Director Mike Parsons.
Finally, this is unrelated to the parties' settlement, but I have to comment on the Transcript License Agreement present on page 2 of some of the transcripts. The agreement provides that:
By signing the Transcript Order Form to receive and pay for a copy of this transcript, (and/or video) I agree that [sic] I nor any person, attorney, paralegal or expert witness may make, copy and/or distribute to others or upload to any internet websites or deposition repositories for future sales, monetary gain or any other purpose any copies of this transcript (and/or video) without paying Streski Reporting & Video Service, a division of MDStreski, LLC, the ordinary and customary charges for any and all additional copies viewed on line or downloaded by any third party.
I have some questions. First, is this agreement even enforceable? Who owns a deposition transcript – the reporter who transcribes the deposition and prepares the transcript or the parties who hire the reporter? And how much are the ordinary and customary charges “for any and all additional copies viewed on line or downloaded by any third party”?
I don't see how a court reporter has any ownership interest in a transcript or video that could be enforced by such an agreement. A transcript isn't a software program that a developer like Microsoft owns and licenses to a user. But maybe those video depositions posted on YouTubeare making court reporters rethink their traditional role.
