Napier, 2 others desire Rashada claim dismissed
Jul 23, 2024, 04:41 PM ET
GAINESVILLE, Fla.– Florida coach Billy Napier and two co-defendants Tuesday filed movements to dismiss quarterback Jaden Rashada’s claim relating to a failed name, image and similarity offer worth nearly $14 million.Napier, Florida
booster/automotive innovation businessman Hugh Hathcock and Marcus Castro-Walker, the program’s former director of player engagement, asked a U.S. District Court in Pensacola to dismiss the complaint.Napier’s lawyer, Henry Coxe III of the Bedell Company
in Jacksonville, argued in a 29-page response that truths are “sorely lacking from the grievance.”Editor’s Picks 2 Associated “Absolutely nothing alleged in the
problem supports the concept that Napier took part in any misdeed,”Coxe composed. “Nowhere does the problem properly declare, for instance, that Napier learnt about whatever took place between Rashada, his’ NIL agents’and the Gator Collective, LLC.”In reality, the problem makes clear that Napier might not have actually defrauded Rashada, because the sole declaration attributed to Napier is declared to have actually been made after Rashada had actually currently abandoned the Miami NIL deal. “Hathcock’s attorney, Jason Peterson of Clark Partington in Pensacola, composed in a 36-page response that the lawsuit contains”comprehensive legal conclusions and speculation” and lacks”the claims of truth required for his claims against Hathcock.””Some variation of the word’promise’appears a minimum of 50 times in the complaint, yet there is no breach-of-contract count
,”Peterson wrote.Castro-Walker’s lawyer argued in 18 pages that his customer can not be held personally responsible or called as a party offender under sovereign immunity rules
, adding that Castro-Walker was functioning as an agent of the state or any of its subdivision.Attorney Hal Lewis, based in Tallahassee, also implicated Rashada’s lawsuit of”associating significances to declarations and actions that are the exact opposite of what they seem on their
face.””Even an extensive re-reading of the complaint after knowing how the story ends would fail to discover even a single bread crumb of proof that even remotely supported the ending,” Lewis wrote.Velocity Automotive
Solutions, LLC, the fourth and final accused, had not submitted a movement to dismiss by Tuesday afternoon.Rashada’s suit submitted in May implicates Napier, Castro-Walker, Hathcock and Velocity of deceitful misrepresentation
and inducement, aiding and abetting scams, civil conspiracy to devote scams, irresponsible misrepresentations, tortious interference with a business relationship or agreement, helping and abetting tortious interference and vicarious liability. The complaint asked for a jury trial and damages of a minimum of$10 million.The NCAA started investigating Florida in 2023 regarding Rashada’s recruitment. The NCAA asked the school not to conduct its own investigation and stated it would notify the institution”quickly relating to the forecasted timeline of the examination.” In March, the NCAA halted examinations into booster-backed collectives or other third parties making NIL payment deals with Department I athletes following suits. The choice came after a federal judge approved a preliminary injunction in a claim brought by the chief law officers of Tennessee and Virginia. The antitrust fit challenged NCAA guidelines versus hiring incentives, saying they prevent athletes’capability to cash in on their celebrity and fame.The claim, though, landed the Gators back in the spotlight.Rashada, who threw for 5,275 yards and 59 goals at Pittsburg(California)High School, initially consented to play for Miami in the fall of 2022. According to the claim, the Hurricanes assured Rashada a$9.5 million NIL deal.But Napier and Hathcock tempted Rashada away from Miami with a$13.85 million NIL offer that broke NCAA laws, the match stated. Rashada’s offer was with the
Gator Collective, an independent fundraising group that was loosely tied to the university and paid student-athletes for use of their NIL. The Gator Collective has actually since been disbanded.The lawsuit accuses Napier of vouching for the Gator Collective and appealing Rashada $1 million on signing day.The 37-page problem says Rashada “endured”several delays in getting paid before eventually being left with”no faith in the UF football team’s management and the individuals who had actually continuously lied to him.”Rashada was approved his release a month after his NIL offer fell through. He later signed with his daddy’s university, Arizona State. He spent one season in Tempe before landing at Florida’s most significant rival, Georgia.