Wednesday, August 2, 2017

Whoa Nellie. Rebel Rags meets Stalin & Evel Knievel

Lindsey Miller compared Rebel Rags to Josef Stalin and Evel Knievel in a motion to strike filed yesterday in Lafayette County Circuit Court.  Mr. Miller is the step-father of former Ole Miss football star Laremy Tunsil. 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.   A NCAA Notice of Allegations charged that Rebel Rags gave free merchandise to two unnamed players in violation of NCAA guidelines.

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 gulag of arguments and exhibits on July 21.   However, a section of the response drew the ire of Mr. Miller.  The offending passage stated:

Even without discovery, it is readily apparent in this case that the three named Defendants were located, coached, and guided into the hands of the NCAA's enforcement staff to give significantly similar false accounts of the same prohibited activity - the alleged direction by UM coaches of prospective student athletes to Rebel Rags to obtain free merchandise. The narratives as delivered are strikingly similar. The limited evidence available at this point,  including the MSU fan­-based media's "second letter"and "Chicago Trifecta" predictions and the responses filed by UM and its coaches to the NCAA Allegations, supports the conclusion that MSU athletic department members, a fan-based MSU media site, and at least one NCAA official joined with Defendants Miller,Jones, and Lewis to defame and disparage Rebel Rags.
Miller's  prior involvement  with the MSU  media site is conclusively  demonstrated  by the site's assertions on February 13, 2016, of anticipated troubles for Ole Miss in Chicago, followed on NFL Draft Night by the disclosures of text messages from Laremy Tunsil's cell phone appearing to request rent money from a UM staff member. This was all "predicted" by Robertson. Further, Plaintiff has reason to believe that Jones met and conferred with members of the MSU Athletics Department prior to his being delivered to the NCAA for questioning, only ten days after signing with MSU. This occurred when Jones was still a high school student and not even enrolled at MSU. Lewis' own admission of being instructed by MSU staff as to how to deflect blame from himself and MSU to another university is revealed in the NCAA's interview of another student athlete with whom Lewis had confided.  All of this evidence supports the allegations of a conspiracy involving the three named defendants and others.

Thus Rebel Rags accuses Lindsey Miller of participating in The Great Maroon Conspiracy.  However,  Mr. Miller jumps right back at Rebel Rags with this demand:

3. The Response to Jones makes scandalous statements about Mr. Miller for which no basis in fact exists. Therefore, Mr. Miller seeks an order striking these statements, which are listed below (Motion then quotes the language highlighted in bold letters above). 
Mr. Miller was just getting warmed up in his response:

5. Not even the  late, great, Evel  Knievel  would  have  attempted  the spectacular jump across the prodigious chasm of fantasy that Rebel Rags creates with this flawed specimen of non-sequitur reasoning. Indeed, the anemic causal nexus that Rebel Rags uses to support its claim for civil conspiracy would have made Josef Stalin proud. Stalin's chief of staff, Lavrentia Beria, once advised  the Soviet leader, "You  bring me the man; I'll find  you the crime."   Allegation  No. 9 has brought  the man, i.e.,  Lindsey Miller. Now, Rebel Rags has found the crime, i.e., a civil conspiracy claim that insidiously advances the defamatory connotation that Mr. Miller had known  that someone would leak Mr. Tunsil's text messages on the night of the 2016 NFL Draft.

6.  There is an old adage among  trial lawyers:  "If  the facts are against  you, argue the law. If the law is against you, argue the facts. If they are both against you, destroy the witnesses." Three witnesses (i.e., Messrs. Miller, Lewis, and Jones) have alleged to the NCAA on separate occasions that they had obtained free merchandise from Rebel Rags (whether directly or indirectly). With multiple witnesses saying essentially the same thing, Rebel Rags is in no position to argue the facts. Moreover, since NCAA rules clearly prohibit such gifts from boosters, Rebel Rags cannot argue the law, either. This leaves Rebel Rags with one alternative, viz.: it must destroy the witnesses by dismissing their stories as part of some overarching conspiracy.
7. Rebel Rags would lead the Court  to believe it  has  done  so.  By  using baseless innuendo and mere conjecture to connect Mr. Miller to the 2016 NFL Draft Night fiasco, Rebel Rags believes that it has "conclusively demonstrated" why the testimony of Mr. Miller, who has no reported connection with Messrs. Lewis or Jones, accords with their statements to the NCAA Mr. Miller begs to differ.
Mr. Miller then calls Rebel Rags' bluff in its own Carbomite Maneuver.

8. Mr. Miller respectfully submits  that  if  Rebel  Rags  has  substantial justification to make such a vile and reprehensible insinuation - one that Mr. Miller vehemently denies - then Rebel Rags should be compelled to present the same, post haste,  before  discovery  even  begins.  Otherwise,  if Rebel Rags cannot present substantial justification for such a defamatory allegation, then Mr. Miller respectfully moves this Honorable Court to strike all the pleadings of any reference thereto.

A notice of hearing for August 17 at 9:30 AM in the Marshall County Courthouse  is attached to the motion. Will Mr. Miller's motion crash and burn? Stay tuned.

Earlier posts
Lindsey Miller rips Rebel Rags 
Rebel Rags sues Tunsil's stepdad, MSU players over NCAA allegations. 


Anonymous said...

The NOA actually accused Rebel Rags of giving free merch to three players...they only chose to sue the two who didn't sign with Ole Miss.

Anonymous said...

Terry Warren, owner of Rebel Rags, also owns a hair salon in Oxford called High Cotton. This will be important to know in the future.

Anonymous said...

Did they hire John Grisham to write this novel?

Anonymous said...

Anonymous said...

Good one 8:54

Anonymous said...

With the way things are trending, it might become more like a Stephen King novel.

Anonymous said...

Hang on. Up until now I have missed the part about the MSU media guy (Gene?) saying there would be trouble in Chicago prior to the draft night fiasco. Anybody got a link or documentation of this?

Anonymous said...

2 OM players were arrested earlier this week on shoplifting charges.......guess their sponsor, oops I meant to say bagman didn't give them enough cash for working, I mean playing.... dang autocorrect

Anonymous said...

And stay out of the Walmart!

Anonymous said...

Just waiting on Steve Robertson's book "Film Flam" to come out.

Anonymous said...

11:13 -- Steve Roberston posted the Chicago skyline and said traouble aheah for Ole Miss on Feb. 15. The NFL draft (in Chicago) with the Tunsil hack wasn't until April. How could Steve know about the hacking?

Anonymous said...

Steve never said what was going to happen. There were a lot of things swirling at that time.

Charles Reid said...

OXFORD MS name should be changed to ANOTHER WORLD. It is a soap opera.

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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.

Note: Security provided by INS.

Trollfest '07

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.

Note: Security provided by INS