Leach Files Suit Requesting TRO

[Stallion]

according to reports on Tech board-seen handing petition to the press at Courthouse. Since Defendant Texas Tech is represented by Counsel should have a preliminary hearing perhaps as early as today but the parties could agree to a time to present to judge. Temporary Restraining Order is only effective for 14 days but can be extended for an extra 14 day period. The issue is whether there is a reasonable likelihood that the Plaintiff will prevail on the merits of his claim so that the status quo(Leach as Head Coach) should be retained until a temporary injunction or final hearing can decide issue.

[RGV Pony]

well when's the bowl game? Isnt it Saturday? Isnt the TRO automatically granted until such time they can have a hearing? Or is that just on a protective order type thing? If so just get the TRO and schedule the hearing for next monday or tuesday

[Stallion]

No again the issue is whether there is a reasonable liklihood that Leach will prevail on the merits of his claim. Texas Tech would likely defend on the basis that they conducted a preliminary investigation that uncovered sufficient evidence to support the suspension until there was sufficient time to complete a full investigation. The official Rules and Regulations of Texas Tech-a state institution will provide the framework under which the judge decides whether a suspension based on the preliminary investigation was justified.

[jtstang]

well when's the bowl game? Isnt it Saturday? Isnt the TRO automatically granted until such time they can have a hearing? Or is that just on a protective order type thing? If so just get the TRO and schedule the hearing for next monday or tuesday

No they will have to have a hearing beforehand and get the TRO entered and served to be effective. Since they know Tech is represented by counsel as Stallion said they cannot do it ex parte.

[gostangs]

Does this not likely just accelerate the firing?

[Stallion]

I don't think so-a retaliation claim by Leach could assert that he was fired just because he filed suit to protect his rights under Texas Tech's Due Process procedures. Tech needs to follow their own due process procedures and not fire simply in retaliation

[mrydel]

Do you think Leach will let the defensive coordinator use his little crib sheet for calling plays?

[Dooby]

Well, Tech has a law school, so you would think they would know better. However, it is Tech.... Who knows what they are thinking.

[RGV Pony]

okay...and does Leach have to show that if the school is allowed to carry out its suspension of him, he'd suffer irreparable harm (don't you love teaching law to non-lawyers)?

If so, what irreparable harm is he gonna suffer without having a TRO...injunction....whatever's after that?

[Stallion]

apparently, the TRO may be being presented to Judge as we speak-but few judges would consider granting if other side is represented by counsel who could be contacted. I don't know if the University has a representative yet in the Judge's chambers. They could have agreed to meet at 3:00 for all I know. In Dallas attorneys are directed to give opponents 2 hour notice of intention to present to Judge.

[gostangs]

I think they will fire him and claim they had due cause and take their chances on the retaliation angle - he will make a wrongful dismissal claim anyway - so might as well let it fly.

Problem for leach is to defend himself he will have to go to open court to defend his bonehead moves - and discovery will likely find more, so he will settle and try to salvage a career.

[Stallion]

Yes there is an irreparable harm element_ i was trying to keep it simple.

[Stallion]

here is the petition

http://www.lubbockonline.com/pdfs/leach122909.pdf

[RGV Pony]

Yes there is an irreparable harm element_ i was trying to keep it simple.

and so what is it?

[Stallion]

read the pleading he claims that his inability to coach practices and coach in Alamo Bowl which is only days away(ie before a Temporary Injunction hearing could be heard in 14 days) and the resultant harm to his reputation will cause irreparable harm