Wednesday, July 26, 2017

Lindsey Miller rips Rebel Rags

Lindsey Miller denied any participation in the Great Maroon Conspiracy.  Rebel Rags sued Mississippi State football players Leo Lewis and Kobe Jones for defamation in Lafayette County Circuit Court on June 9.  The complaint also named Lindsey Miller and several John Does as defendants.   Lindsey Miller is the stepfather of Laremy Tunsil. A NCAA Notice of Allegations charged that an unnamed Ole Miss booster gave free merchandise to two unnamed players in violation of NCAA guidelines.  The President of Rebel Rags, Terry Warren, didn't take kindly to such allegations and made his displeasure quite known in the complaint.

Mr. Miller filed a motion to dismiss on July 6, while the two players filed motions to sever each one from the other defendants.  Rebel Rags responded with a massive 389-page barrage of arguments and exhibits on July 21.  Mr. Miller responded today with a response to the Rebel Rags response to his motion to dismiss the Rebel Rags complaint. (Not quite as good as saying cash is as good as money but I tried.)

Rebel Rags argued the discovery rule supported its defamation claim.  The discovery rule states the statute of limitations doesn't begin to run on a claim until when a victim knew or should have known that he had a cause of action due to the injury.  Rebel Rags claimed it was the victim of lies and conspiracy among the defendants, but didn't learn of the alleged wrongdoing until the NCAA issued its amended notice of allegations on February 22, 2017.

Lindsey Miller said that 389-page Briefbuster was a nice shot but you missed me.  He argued the two exhibits included in the response were absent from the complaint and thus should be excluded.    Mr. Miller presents the normal defense used in such responses: the complaint doesn't state a claim upon which relief can be granted.  Rebel Rags rests its complaint on the argument that some John Does put Lindsey Miller up to lying to the NCAA about Rebel Rags after July, 2015.  No actual date is cited, just a time frame of a little more than eighteen months.  However, Rebel Rags says it didn't know of the allegations until after February 22, 2017.  Mr. Miller's attorney, Matt Wilson, argues the discovery rule does not apply to civil conspiracy.

The response concedes that the discovery rule can apply to defamation claims, but it doesn't apply in this case since Rebel Rags never states when the conspiracy occurred.  Mr. Miller then makes his key point:

Mississippi law is clear. A defamatory statement must have "the capacity to injure the plaintiff's reputation." See Speed v. Scott, 787 So.2d 626, 631 (Miss. 2001). The Complaint makes no mention of how Mr. Miller's alleged statement that Rebel Rags had given its own property away would hurt Rebel Rags' reputation. Although giving free items to a student athlete may be a violation of NCAA rules, the Complaint is silent as to how NCAA rules would apply to Rebel Rags. Thus if Rebel Rags is not governed by NCAA rules, then without further explanation, a defamatory statement to the NCAA about Rebel Rags would be incapable of causing harm to Rebel Rags.  

Next up on the plate is the matter of the Great Maroon Conspiracy:

The Response to Jones attempts to paint the picture of a conspiracy to destroy the Ole Miss football program that involves Mr. Jones, Coach Dan Mullen of the Mississippi State University (hereinafter "Mississippi State") football team, and Mr. Steve Robertson, a journalist with ties to Mississippi State. However, neither the Response to Jones, nor the Response to Mr. Miller's Motion to Dismiss, nor the Complaint provide any factual basis to support the notion that Mr. Miller was involved in any conspiracy prior his interviews with the NCAA.

According to the Response to Jones, Mr. Miller stopped talking to the NCAA prior to January 22, 2016. Therefore, if there had been a conspiracy between Mr. Miller and anyone else, such a conspiracy would have occurred prior to January 22, 2016. In fact, such a conspiracy necessarily would have been formed in 2015 prior to when Mr. Miller allegedly defamed Rebel Rags. 4 After all, just as the conspiracy to kill President Lincoln predated his assassination, any conspiracy to defame Rebel Rags would have necessarily predated Mr. Miller's statements to the NCAA about Rebel Rags.
Evidence? Mr. Miller asks if there is any evidence that he participated in any conspiracy:

Rebel Rags has compiled various news articles, internet postings, and hearsay statements from Ole Miss football coaches to create the narrative that Messrs. Lewis and Jones have conspired with Coach Mullen, Mr. Robertson, and others to target Ole Miss and Rebel Rags. However, Rebel Rags presents no such evidence to support its contention that Mr. Miller was involved in any alleged conspiracy.
For example, Rebel Rags should have internet posts, or phone records, or emails, or text messages, or photographs of Mr. Miller and the  John Doe defendants entering the same steakhouse minutes apart, or recordings provided by participants who were wearing a wire during their meetings, or videotaped statements from persons hiding behind screens with their voices altered, etc., etc. Put simply, if Rebel Rags knew of a mafia-like conspiracy involving "mafiosos" like Mr.  Miller and  "dons" like the John Doe defendants, then on the day it filed the Complaint, Rebel Rags should have had a modicum of evidence to support such a wild conspiracy theory. As such, Rebel Rags should have had no problem articulating the same in its pleadings. Nevertheless, in three pleadings filed with this Court,  Rebel Rags has presented no such evidence, let alone any factual narrative to support its conclusory allegation that Mr. Miller has conspired with anyone to harm Rebel Rags.

Kingfish note: Just like The Great War.  The more fronts open up, the harder it is to control the war.  




35 comments:

Bigger Fish said...

Meanwhile: The FBI is in Oxford. Fact.

Justice for Colonel Reb said...

@ 6:43 -- The FBI has an office in Oxford, they are always there. Fact.

Anonymous said...

I think you miss the point, dumbass. The FBI is on campus at TSUN. Oh, wait, maybe they always are. They are investigating in connection with the Freezus-Whore scandal and its possible connections to both interstate transportation of whores, interstate telephone conversations regarding sex for sale and providing prostitutes to under-age recruits and student athletes.

Is that better? Dumbass.

Anonymous said...

Wait, 8:31. Is Rosebowl reporting this? Otherwise, I ain't buying it.

Anonymous said...

The FBI is in fact on the Ole Miss campus. They are trying to figure out who shot that bullet that is in the Lyceum !!

Anonymous said...

You Rebs have been, not only wrong, but blindsided the entire way in this beginning with "there is no investigation". So if I were you I'd think strongly about sitting back, shutting pie holes and pray nothing else comes out. I'd wish you luck, but I've still got more popcorn flavors to eat and rueing to do.

Anonymous said...

The comment section is always a reliable source of information about confidential investigations [thumbs up].

Anonymous said...

Ohhhhh...the FBI is in town....Ohhhhhhh, again...this is so scary.

Is James Comey leading this investigation now?!? :D

Anonymous said...

@7:18--Not surprising the FBI has to keep an office in Oxford given it's history.

Anonymous said...

I guess Miller's attorney completely missed the line in the case that says civil conspiracy doesn't "stand alone" i.e. it takes on the sol of defamation i.e. it is subject to the discovery rule. I literally did not legal research; I got that from his brief.

Anonymous said...

How is Lindsey Miller pay for all of this legal work?

Anonymous said...

The Rebels were an inch away from the NCAA going away. And then Freeze offended Lindsey Miller. Draft night circus never happens if the Lindsey Miller incident went away quietly. That one comment by Freeze defending Tunsil against the step dad led to the complete unravelling of a program and his family.

Connect Them Dots.. said...

So, to recap and bootleg off 12:02's post:

The NCAA was an inch from going away without Miller being pissed.

The NCAA was half a quarter-inch away from leaving town without Tunsil making his draft night comment.

Freeze was well into preserving his job until he and the university told Nutt's lawyers to go pound sand with the apology request.

Bjork had his job cinched up before he told Vitter 'you don't know jack-shit about football'.

The boosters were all home-safe until knowledgeable folks started invoking public-information-requests.

The Freeze-Faithful were comfortable as enablers until they saw their preachers peeking out the blinds and locking the doors.

Anonymous said...

@11:59 am- He isn't. Miller was referred to his attorney by Rosebowl because Wilson is a state alumnus and donor.

Anonymous said...

Seems to be the same arrogant "I'm better than you because I went to Ole Miss" mentality is the same arrogance that's going to get them in trouble with the NCAA and other alphabet agencies.

Anonymous said...

Good grief, 1:28...we are better than you! Are you serious!!!

NOBODY carries the mantle as "little brother" or "little sister" in this State better than a fan, student or alum of Mississippi state! Even USM is a rung higher.

Bless your poor, ignorant bottom-dweller-of-the-SEC hearts...you just don't know any better as the color maroon has degraded further your diminutive brains.

Anonymous said...

All of the Dawg posters better have fun now. When the NCAA is through with us, they are simply going to drive to Starkville and start their investigation into your basketball program and how suddenly all of these 4 and 5 stars have fallen in love with TSBU

Anonymous said...

2:04, you just proved 1:28's point. Sorry you have to be told this.

Anonymous said...

Bama's arrogance with Vandy's trophy case. Yeah, Bubba. Y'all are Number 1!! That ACT average of 25, whew. Harvard of the South. ROFLMAO. You're Mississippi's Big Sister- greasy, sweaty, broad bottomed, adorned in that redneck red from pigtails to barefeet, waddling down the Midway, gnawing on a corndog. Screeching "Hotty Toddy!" Good Lord, you are sad.

Anonymous said...

"...waddling down the Midway, gnawing on a corndog..."

Don't be dissing on my corndog........

Anonymous said...

2:31, are you serious? Have you no idea who Ben Howland is or the number of former college players that he has in the NBA? 3x Final Fours and Naismith Coach of the Year...when you can put a HS senior on the phone with Brodie and he says "go with Coach Howland-he's the real deal," you've got some pull.

just in case you didn't know ... https://en.wikipedia.org/wiki/Ben_Howland

Anonymous said...

So 2:31 can't see a difference in a football coach who's best landing spot was Arky State vs a bball coach, who took UCLA to multiple Final Fours, with multiple players in the NBA? You may want a refund on that UMiss education of yours, assuming you aren't the typical sidewalk fan who just latched onto the term Rebels and just loves OM for the old south will rise again mentality of it and never actually attended school there...

Anonymous said...

I graduated from college (both undergrad & graduate) here in MS, but I attended neither MSU nor OM. Actually, I didn't attend any of the public universities, and no, I don't think that makes me any better or worse than anybody else. After reading & listening to the constant bitching back & forth between the fan bases of those two universities, particularly over the current situation at OM, I'm so glad that I'm not affiliated with either one. I went to college to get an advanced education, period! College athletics may be big business, but when you boil it down to the bone, it's nothing more than entertainment. And in the grand scheme of life, it's meaningless! Whether your team wins or loses, who cares?! Life goes on! If we as a state spent just a small fraction of the time, money, effort, etc., etc., etc. that we spend following college sports on things that really matter (family, our religion, our health, poverty, education, just to name a few), we wouldn't be at the bottom of every bad national statistic. Our preoccupation & downright obsession with college athletics is pathetic.

Anonymous said...

4:06...other than a liberal professor in every classroom, what is your particular obsession?

Anonymous said...

12:40 yeah that's one interpretation. Point is the school almost squeaked through. And then Freeze had to put on the persona. And he picked the wrong step dad.

Anonymous said...

@5:47, maybe 4:06's obsession is raising a good family, making a positive contribution to society, and ignoring things that don't matter.

Yes, its fun to go to a football game and watch real talent strive for a victory - what's not fun is when people make it the center of their lives, and do unethical and illegal things to perpetuate the idea that a bunch of overpaid whiners and never-gonna-be pro athletes are more important than the rest of us. After college sports "fame" fades, are these folks able to adapt to the real working world?

Johnny Weir said...

My Hoghead Goodness,
Please some one flowchart this out for me.
I can't get my head around it!
Houston Nutt the previous Ole Miss coach who got a 3.5 million $ buyout turn Hugh Freeze in by finding a Whore's telephone number on freezes phone. (Could it have been a butt call?) He Haw! Is this what happened? Please help me.
Heck, I need to go bust a beer!

Anonymous said...

Johnny - You already had too many. Can you not understand the words, "Pattern of Behavior revealed in the phone records"? Hee Haw Yo Ass! Holler for momma to bring you a sweat rag.

Anonymous said...

Ole Miss is about to have a banner season to the dismay of many...hide and watch little brother...hide and watch.

Your scalps, as well, are going to be on the NCAA totem pole when all is said and done.

See y'all in the "Land That Fun Forgot" come this November...can't wait!

https://www.youtube.com/watch?v=8IDC-0NYSF0

Anonymous said...

Somebody venture to tell me how many SEC teams would come out squeaky clean if the NCAA pursued them in the way described in Godfrey's piece yesterday on SB Nation about Donte Mincrief and his brothers car?

Kingfish said...

NCAA saw player with brand new car he didn't own. Went a little overboard, as did Godfrey but probable cause a little understandable.

Anonymous said...

Kingfish...try to do a little better research if you're going to try and report some news here...you're reminding a lot of us of the crappy reporting and innuendo that has gone on these past 4 years with no proof. The car was used.

Anonymous said...

So a black fellow driving a nice car is now grounds for investigation and asking banks and hotels for private information? Don't think that article didn't make some folks at other schools nervous.

Anonymous said...

Five year old car. A black man cannot drive a five year old car without the NCAA trying to pry info out of bank tellers.

Kingfish said...

Thought it was brand new. I stand corrected.

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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