Locked On ACC - Daily College Football & Basketball Podcast - Florida Judge Rules FSU Must AMEND Their Complaint Against ACC, Why? P2 Elitism, Transfer Portal

Starting point is 00:00:00 I would call it a small victory for the ACC in court against Florida State on Monday, but why it's not over and what happens next. You are locked on ACC, your daily podcast on the Atlantic Coast Conference. Part of the Locked on podcast network, your team every day. The same way we told you a few weeks ago after the previous hearing in Florida, why we called it a small victory for Florida State back then, battle one war far from over i would say the same thing about the aces dub today i am alex dono from locked on canes he's kenton gips from locked on wolf pack we are locked on acc thank you so much for

Starting point is 00:00:45 making locked on acc your first listen and your first watch today shout out to the everydayers we love you we're available free wherever you get your podcast we're available free on youtube part of the locked on podcast network your team every day today's episode is brought to you by game time download the game time app create an account and use code lock on college for $20 off your first purchase. So Kenton, I would sum up the hearing in Leon County where Florida State is suing the ACC. ACC wants Florida State's case dismissed. They want the jurisdiction to be only in North Carolina. Florida State, of course, wants it only to be in Florida. It seemed to me that Florida State's lawyers were not prepared

Starting point is 00:01:25 with their arguments. And the Honorable Judge Cooper told them as much because his ruling, he granted an order for dismissal with leave to amend. So FSU's attorneys are going to have to amend their complaint and clearly state why their lawsuit should be heard in Leon County in that amended complaint. Judge Cooper went out of his way to say, I'm not ruling against FSU. I'm not ruling they have no case. He said the case is not over. The case will continue.

Starting point is 00:01:55 So now Florida State Kenton, who I think the judge was a little frustrated that their complaint was not, quote unquote in plain English. So they're going to have to refile. They're going to have seven days maximum to refile. Then the ACC is going to have 20 days to respond to the refiling the amended complaint. And then they're going to have a new court date. The judge did not commit to a specific date. He says he has to check his calendar.

Starting point is 00:02:19 But at some point after the next 27 days, they're going to schedule another hearing. And around and round we go. So it seems like the June 30th date is pretty much up in smoke, huh? Yeah, that the ace. So, yeah, so people have claimed that the ACC will crumble by June, completely collapsed by June 30th, 2024. It's looking a bit unlikely that it's going to meet that timeline now. Interesting. Very interesting. But I'll tell you this. You know, this is a lot like when you get a bad grade, but the teacher likes you in college and they're like, hey, I'm going to give you another shot at this thing.

Starting point is 00:02:51 I'm going to give you another crack at it. Please do it better this time. Read the instructions this time. Do it right. obviously this doesn't bode well for Florida State, but again, the fact that they're getting another chance, like you said, it means this is not over. It means this is not a definitive victory for the ACC to claim and kind of put their flag down and say, hey, we won, it's over, pay us our 500Ms or shut up and stay. It's not that type of situation. There's obviously there's more at play here, and there's obviously going to be a rebuttal. There's obviously going to be coming back because Florida State is so passionate about this thing and wants to be. to go in Leighan County. So, you know, this is, this is one of those moments that looks like it could be a bigger domino in the secession of things that happened here. But this is by far, this is far from

Starting point is 00:03:39 being the last domino in the fall. Yeah. And I'll admit when I, when I first read the ruling that, you know, the judge was demanding an amended complaint to give Florida state a do-over. My initial thought was, man, that sounds like some home cooking in Leon County. That's the county where Calhassy is, of course. But here's thing, though, that was my initial thought, and there may be some home cooking in that. However, I have seen several attorneys say that that's not an uncommon thing in cases like this to ask for an amended complaint. Because again, like in the judge's words, he's not saying Florida states arguments are invalid. He's saying that they're not clear. And this is a bit from Knowles 24-7, their 24-7 sports page. The ACC argued that. that the currently amended complaint from FSU fails to sufficiently make those arguments. Judge Cooper, they said, seem to share that the feeling of insufficient language on FSU's legal team's part in the current amended complaint at one point asking Rush, that's Florida state's attorney, why things weren't stated in plain English regarding those specific terms

Starting point is 00:04:43 drawing a clear connection between the league, the business it does in Florida, and why that should specifically impact jurisdiction. So just to make this clear, the matter it has, hand is personal jurisdiction, like why in Florida state's minds the case needs to proceed in Florida, that Florida laws should apply to them and not just the laws in North Carolina. So that that's the issue that this judge needs to decide definitively if this case is going to be heard in the state of Florida or not. Now, there is something else, Kenton, that I took away from this, that I don't know, this would probably bode in Florida state's favor, a recommendation that the judge made, Judge Cooper, this from 24-7 sports, Judge Cooper also said he wants,

Starting point is 00:05:31 this doesn't mean it's going to happen, but he wants mediation ordered within the next 120 days between the two parties. He pushed for both parties to understand that they know what the issues are and that the time has come for them to discuss. So obviously, if it does get to mediation, you would think that, you know, that the settlement that they would come to would obviously, in some way, shape, or form involve Florida State leaving the ACC. The question is, would that happen closer to the ACC's terms, which would mean you pay us hundreds of millions of dollars, or closer to Florida state's terms, which would mean $140 million or less. So the judge in Florida is pushing for mediation. And if that were to happen between, what is that, four months, 120 days,

Starting point is 00:06:13 then obviously that could mean maybe at some point an agreement could be reached between the two sides. But it seems like they're really far apart right now, Kenzie. Yeah, and it doesn't make sense for the ACC to not dig in their heels because like we talked about, you're talking about your survival. We're not talking about, hey, it's nice to have Florida State. We're talking about if Florida State and Clemson Leave, you now have an entirely different situation working in terms of your TV deal that could tear the whole thing apart. So again, if we weren't talking survival, if we were talking, it's nice to have, we can maybe see that sitting down and saying, let's work this thing out. If we were talking about a situation where Florida State was crushing it in Leon County, I could see potentially where there was like, all right, let's talk and sit this thing out.

Starting point is 00:06:58 The ACC has absolutely zero motivation and zero reason to do that at this point. Yeah. Yeah. So again, we don't have a definitive date set for the next hearing, but we do know Florida State has seven days to amend their complaint, but then the ACC also gets 20 days to craft their legal response to that. So, I mean, I guess like just based on the fact that because honestly, after the, after the first hearing a couple weeks ago, Kenton, it seemed like Judge Cooper was like really close to, you know, saying, hey, this is going to have to proceed in Florida. We're not going to motion.

Starting point is 00:07:34 The motion to dismiss will be denied. The case is going to happen here. I was kind of expecting that to come down today. So, you know, if you're going to have to score this in somebody's win column, you definitely score it in the ACC's win column, but we're not really going to know until we see what that amended. complaint looks like from Rush and Florida State. Yeah, for sure. And there's so many elaborate parts of this thing that are moving and grooving and all that. But we're doing our best to bring you all the information as we get it.

Starting point is 00:08:01 And right now the information that we're getting is painting a picture of Florida State being asked to go back to the drawing board and kind of work this thing out. So that it's more plain. So that it's more simple. So that is not something that's convoluted. And it's, you know, drawing straws to kind of put things together. that don't naturally fit together. So all in all, I would say again, this is not the end of this. This is not us saying Florida State is lost in court and they're going to have to pay $500

Starting point is 00:08:28 million. This is us saying that this was a loss today that they're going to have to get back and regroup from if they want any chance of leaving under their own terms or under terms that are lesser than that half a billion dollar payout in the message. When we come back, we have to revisit the new college football playoff television deal because, yes, it's definitely a deal that favors the SEC, the Big 10, the Power 2. Now we get a little bit more insight as to why that deal is favorable to the Power 2 because the Power 2 basically gave an ultimatum to the college football playoff into ESPN.

Starting point is 00:09:08 We'll talk about what that looks like and how that affects the ACC, the Big 12, and the rest of the pack. You want to keep it locked right here, my friends. We're only getting started on this brand new episode. have locked on ACC. And I'm only getting started with game time. The Game Time app takes the stress out of buying last minute tickets to sporting events. I got last minute playoff tickets to the Florida Panthers game the other day. My son and I got to watch an awesome victory.

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Starting point is 00:10:42 Terms apply. Again, create an account and redeem code locked on college. for $20 off. Download the game time app today. Last minute tickets, lowest price guarantee. Thank you so much for making this episode of Lockdown ACC, your first listen and your first watch today. Alex Dono from Lockdown Canes. We got Kenton Gibbs from Lockdown Wolfpack with us. So Kenton, Ross Dellinger put out a piece on more details on how the college football playoff format came to be, including comments from SEC Commissioner Greg S. Sanky, who's also speaking on behalf of Tony Petiti, the commissioner of the Big Ten.

Starting point is 00:11:29 So Delinger writes, after the Pac-12's collapse, the swelling of other leagues and increased pressures of athlete revenue sharing, the sports two juggernaut conferences negotiated a one-sided deal in part by using a lingering belief that they would abandon all the others to form their own postseason. Would the SEC have really taken its proverbial ball and left the college football playoff, he asked. Greg Sanky, the commissioner of the SEC, told Yahoo Sports, absolutely. Quote, when we ended that set of meetings in January 2020 without a decision, it was clear. If you're going to walk away from this opportunity, we are going to reevaluate our position on format,

Starting point is 00:12:10 revenue sharing, and governance. He said, people called me after the latest deal and said, why did you take a hard line? Why did you put us in this position? I said, you guys walked away from the deal. He's talking about previous negotiations two years ago, by the way. Yahoo Sports spoke to more than two dozen stakeholders across the industry, some directly involved in the negotiations to learn more about how the CFP's new structure came together. And so that's, Kenton, I don't think I'm surprised that this is what happened. I guess I'm maybe a little bit surprised that Sanky is like so proud to say it to everyone

Starting point is 00:12:43 who will listen. But yeah, we did suspect that when that deal came about, which by the way, the revenue distribution, Big Ten and SEC, each earned 29% of the CFP revenue, while the ACC gets 17.1%. The Big 12 receives 14.7%. The remaining amount goes to the group of five teams and independents like Notre Dame who gets about 1%. So it's a very one-sided TV deal. And our theory had been the SEC and the Big Ten are making them believe, if you guys don't give us a much bigger cut of the revenue, we're going to take our ball, go home, and form a new league. Oh, you're muted.

Starting point is 00:13:24 And that's what they should have made them do. It's embarrassing to see that, you know, you agree to terms to say, oh, well, we need you all so badly that we'll take half of what you're getting in essence. Oh, well, we need you all so badly that we'll take a frat. We'll take crumbs as long as it means we get to eat off the same plate as you in some regard. If you want to take your ball and go home, go for it. Go for it.

Starting point is 00:13:48 What are you going to? Oh, okay, great. We're going to have that situation where we once again are talking about, well, we just know these teams are the best just because we know they're the best. Not that they played other people that actually wanted. We just gave it to them because, I mean, hey, they're the conferences with the best team. So that's it, right? Like, no, that's not how it works. If you look in the last 10 to 15 years, all of the championships are not in the SEC or big team. That's just the fact. That's just the fact. Now, our majority, with the SEC, yes. Have the Big Ten won, two? Yes, in that time. But so is the ACC. The ACC is one multiple in that time. So what are we doing here with this whole, like, oh, we just need them so much.

Starting point is 00:14:30 You don't know what's going to happen or how it's going to happen. You don't know how Davao, I'm sorry, not that ball. You don't know how Nick Saban leaving Bem is going to affect them. You can say all you want about, hey, Kaelin Duvour is a great coach, and he's won everywhere he's been and we're sure he's going to win at a high level of balance. Sure. That's been said about plenty of coaches. who went to the SEC and all of a sudden they weren't that guy anymore.

Starting point is 00:14:52 So then what? What if Bama's not that team anymore? What if Georgia, Kirby Smart, stop being as elite as dominant? Then what? Then what are we doing? You're setting yourself up in a situation to where you agree and bent the need for what? Because you needed something as opposed to it's soft, it's embarrassing. And the fact that Greg Sanky is out here screaming this to everybody,

Starting point is 00:15:18 listen, he's doing that because he knows it's embarrassing. He's doing that because he knows, I don't just want to beat you. I want you tarred and feather. I want you running through the streets and everybody knowing we got one over on those bones. We own those little brothers because that's who we are. I mean, it's sheer and utter elitism is what it is.

Starting point is 00:15:41 And you know, you can remember Kenton a couple few months ago when the ACC and the Big Ten formed that, like advisory committee to just talk to each other and not talk to anyone else. And then, you know, the headlines that came out of that, which we didn't believe for a second were, hold on, don't worry. They're not even going to discuss the possibility of breaking away. They just, they want to align their vision since they're similar now in the super conference landscape. I mean, it's absolute misinformation that came out of that. Like they, they were clearly planning this attack and they were planning this negotiation to say, hey, we are like you said, we're going to tar and

Starting point is 00:16:18 feather the college football playoff and we're going to do that to the you know the remaining two quote unquote power conferences the acc and the big 12 and everybody else that stands in our way like there was you know not not in an illegal way but there was collusion that was happening between those two parties which is fine that was their right to do that as a means towards this end okay but it is absolute college football elitism because you know definitely now we are we are seeing a sport where for better or for worse. And there's some of this that I do embrace, like players being able to make money.

Starting point is 00:16:50 I'm all cool with that because for a long time, they have deserved it, right? But it's definitely not, you know, your father or your grandfather's college football. It's no longer an amateur sport. It's all about the TV money. It's all about the ad dollars. And listen, I'm going to keep watching.

Starting point is 00:17:06 I'm not going to boycott the game, no matter how elitist and money grab this stuff becomes, unfortunately, or fortunately, maybe, because I love college football. I'm still going to be here for the ride. Yeah, and that's the reality of this thing is a lot of people won't, how do I put this as nicely as possible? The reality of this thing is when the Big 12 and the ACC agreed to this,

Starting point is 00:17:31 they did so, I'm assuming with the hope that this type of thing wouldn't happen, that this public thing wouldn't happen where it's like we're bearing you, y'all are just kind of along for the ride, y'all aren't driving, driving the car. Y'all are just in the backseat, maybe on the third row, just hoping to get a song in every now and then. They probably were hoping that this type of thing wouldn't happen. But anybody with two functioning brain cells, anybody who there's something going on in their head besides the monkey clanging the symbols repeatedly, had to know that this was going to happen. Had to know. Sanky can't get enough of hearing himself talk.

Starting point is 00:18:10 He can't get enough of it. He's on TV all the time. He's on ESPN so much. You would assume that the ACC doesn't have a deal with ESPN, the way that he's always on and talking, and we never see the same from Phillips. This is embarrassing. It is shameful.

Starting point is 00:18:28 And again, if I am, if I'm looking at the ACC, again, I have always said, as much as people say, oh, I hate Florida State and Clemson, anybody trying to get out of the conference, I strongly disagree with that. Knowing who the leadership is, right now and knowing how soft he's been on how many things, I would be the first person asking my school, what's the feasibility of us leaving? Because I'm not sure that I want to be a part of such a soft chin conference, because that's in essence what the ACC looks like right now.

Starting point is 00:19:00 A bunch of schools with a really soft chin, I'll take whatever comes their way so long as they're just in the same room, so long as they're blessed to bequeath the SEC and Big Ten with their presence. And it's just embarrassing. Well, I'll tell you why. the ACC and the Big 12 accepted these terms at the end of it. And I think it's really important. When I read through the issues that were ironed out with this contract, the reason why the ACC, I would imagine, ultimately agreed to accept this deal. I got to dig pretty deep to find the positive for the ACC, but I dug deep enough to

Starting point is 00:19:35 find it, Kent. So I don't see any language in here about this deal being able to be amended. before 2031. This is a deal that locks in this structure from 2026 to 20, 2031. So even though, yes, the ACC is making far less revenue than the Big 10 in the SEC, they are guaranteed 17.1% of that revenue until the year 2031. So in a weird way, as bad as this deal might be, if you're looking at reasons why the ACC might survive in some way, shape, or form for the next few years or the next several years, they do get a seat in that quote-unquote power for table. So I'm assuming, and maybe I'm wrong, a lawyer might correct

Starting point is 00:20:22 me on this, that if Florida State and Clemson leave the conference, I'm assuming ESPN cannot blow up this deal and redo it, the college football playoff. We're not talking about the ACC's deal. We're talking about the CFP deal. Assuming ESPN can't throw this one in the garbage and redo it, even if you were to lose a Florida state and Clemson, the EFSA, the EF. ACC is still guaranteed the same percentage of the CFP revenue. It doesn't necessarily ensure their survival through 2031, but it certainly doesn't hurt. Yeah, and I get that. I get that you're at least locked in, but my whole thing is, if the SEC and Big Ten want to

Starting point is 00:20:59 take their ball and say, hey, we're going to play each other because we've got all the good schools and let that be that. Then so what? Make them. Make them do it. Make them do it. Because to me, I think the biggest thing. that I look at here is have you not had champions?

Starting point is 00:21:16 Have you not had teams that could compete? Have you not had teams that drew big crowds? So then what are we doing? What are we doing? Like even if we were to assume Florida State's goal, do you still not have a decent draw in Clemson? And let's be honest, how many teams in the ACC right now, if they actually were playoff contenders,

Starting point is 00:21:41 if they actually were national championship contenders, their viewership, their numbers in terms of the crowd that they bring, wouldn't spike to compete with a lot of these Big Ten in SEC schools. It's just, you know, I get it, and I hope. I hope that you're right in that this locks up the ACC survivability through 2031. I really and truly do. Because if it doesn't assure that, then we may need to play the classic, The contemporary or the contemporary classic this track from Ice Cube,

Starting point is 00:22:14 no Vaseline, which was addressed towards NWA after he left. We might. Oh, man. Well, we'll get into the weeds here on the transfer portal. Top available running back has been crystal balled to an ACC team. And we do have more players exiting Louisville. Now, we talked with Dalton Pence on yesterday's episode, and he did mention Louisville over the sky.

Starting point is 00:22:39 scholarship limit, expect more exits. Well, a handful more players are exiting in the Cardinals. You want to keep it locked right here, my friends. We're not done yet on this brand new episode of Locked on ACCC. And I'm certainly not done with Fandual. Folks, I've been winning money, having an awesome time, and this is a great time to sign up at Fanduel. It's playoff time in the NBA and NHL.

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Starting point is 00:24:22 Download Monopoly Go, now free on the app store and on Google Play. Thank you so much for making this episode of Lockdown, ACC, your first listen and your first watch today. Hey, Locked On has launched the first ever national sports 24-7 streaming channel on YouTube. And now it's also available on Amazon Fire TV in the first. free Fire TV channels app. Locked on sports today is here for you 24-7 covering the top sports stories of the day with the local experts of Lockdown plus our national shows covering every league. Find Locked-on Sports Today now available on the free Fire TV channels app. Well, Kenton, there has been a significant development as of Monday, a couple of them, on Oregon State

Starting point is 00:25:06 transfer running back Damien Martinez. A lot happened on Monday. He canceled a scheduled visit to Kentucky. So he has he's visited He's visited Mississippi State and Arizona. He's had an in-home visit with Miami. He had another in-home visit with Miami on Monday night, and he's visiting Miami in the flesh Friday, Saturday, and Sunday this week. And Pete Nacos of On-3 Sports dropped the on-3 equivalent of a crystal ball for Damien Martinez to land at the U. This is one.

Starting point is 00:25:38 I've been feverishly covering this one on Locked-on-Caines, Kenton. Miami has made Martinez. their priority from the very second he entered the transfer portal, and they're going to try to bring this one home this weekend. Looks like he's got a crystal ball to crystal ball. But I take that one home with you. But in all seriousness, I mean, they have done a ton to get him,

Starting point is 00:25:59 and it's also kind of worked out well to where I believe his NIL agent is based in Miami. It's a situation where there seems to be a lot of overlap in terms of the type of back that Mario likes, the type of back that he is, big, powerful guy. Boom. You're looking at a need and a guy who can fill a need.

Starting point is 00:26:18 This isn't like they're stacking running backs because they have a ton of good ones and they're like, we can use you. We could use you in short yarder situation, whatever the case may be. No, Martinez would be the guy the minute he steps on campus. Like that's just, when I'm hearing about a freshman tight end being one of your best ball carriers, you need a running back, okay? You need a back and you need one bad. And this is a situation where everything seems to be.

Starting point is 00:26:43 It just seems to be perfect fit from a lot of different angles. It seems to make a lot of sense for Miami. It seems to make a lot of sense for Damien. I think that this is going to be a pretty happy marriage that comes together pretty quickly here. Yeah. So it seems like this is Miami's situation to lose. We'll see if they can get it over the finish line this coming week. So I'm looking at the transfer portal activity on Monday, Kenton.

Starting point is 00:27:07 And there's a lot more activity coming out of Louisville. Now, if you listen to Dalton Penn. on our show on Monday. You shouldn't be too surprised by this, I don't think. But Louisville is, they've seen four more players enter the transfer portal already this week. Dalton mentioned them being over that scholarship limit. So offensive linemen, Sam Sechrest entered the portal, defensive lineman,

Starting point is 00:27:34 Tafiq Thomas, offensive tackle, Luke Burgess, and linebacker, Jalen Alderman. I would definitely watch out for Miami with Jalen Alderman, his former linebackers coach at Louisville, Derek Nicholson, D. Nick is at Miami, and apparently there could be some mutual interest there. Not sure where those other players are going to end up, but some more exits, a couple of them more meaningful than others for Louisville today. Yeah, and I'm not worried about the numbers because Dalton told us this was about the number that would be out.

Starting point is 00:28:10 I am, however, a little bit worried that you're seeing starting players and players who are supposed to be big impact guys for you jumping in the portal. That's a little bit more concerning. It's not about the quantity of players to leave. It's about the quality. And you're looking at players who are very much so, who are very much so sliding into have big impacts in this upcoming season that are all of a sudden jumping off the train, which again,

Starting point is 00:28:33 I, listen, we believe, dog, we have no reason to believe he was blowing smoke yesterday, but again, it's still a little concerning to see guys that, played as many snaps as he, as Alderman has or see guys who were slated to be starters getting in the portal. Yes, that is more common than it has ever been. It's still a reason for a little bit of concern. Yeah. And by the way, I just, as we record this, I just get news on another Miami transfer who's leaving. And this one, a couple of these today have stung me a little bit, Kenton. Miami is losing second year defensive end, Jaden Wayne. You know, a guy didn't play much last year as a true freshman, but was a former high-level four-star recruit coming out of IMG Academy.

Starting point is 00:29:15 I'm very sorry to see him go. And then Miami did lose a contributor who was heading into his senior season, defensive tackle, Jared Harrison Hunt, who's a very good player. Like he was potentially, he's been kind of competing for a starting defensive tackle job this year. If not a starter, he would be one of the first guys off the bench. So I know for sure Harrison Hunt is going to have some impact wherever he ends up. with Jaden Wayne, he's still a guy who's developing. But a couple of the more painful ones,

Starting point is 00:29:43 because some of the guys that Miami's lost in the portal so far have been non-starting players, guys you kind of expected to lose. A couple of these sting me a little bit more. But it's the nature of the game these days. Yeah, and like we talked about with Louisville, same thing applies to Miami. It's not about if Miami had 10 guys that you knew, these may not be power forward level players, right?

Starting point is 00:30:05 Like you might have got sold a limit by a couple of high school, coaches. You're okay with those guys leaving. You're lesser okay with guys who are going to be significant contributors leaving because one of the best things about Miami, one of the things that people talked about in terms of what could have Miami in Charlotte and beyond this year, defensive line talent and depth. And to lose one of the guys that was going to be either a starter or first guy off the bench type of guy, you're losing both talent and depth in that loss. So, you know, it's a situation where you're not super surprised that there is movement at this point in time because every school is seeing movement. You are surprised by who the movement's coming from at a certain level because, again, these are high-level guys that remember we'll.

Starting point is 00:30:51 Well, we'll keep monitoring the portal throughout this week. He's Kenton Gibbs from Locked on Wolfpack. I'm Alex Dono from Locked on Cain's. We'll talk to you guys next time on another episode of Lockdown ACC. We are part of the awesome locked on podcast network, your team every day.

Locked On ACC - Daily College Football & Basketball Podcast - Florida Judge Rules FSU Must AMEND Their Complaint Against ACC, Why? P2 Elitism, Transfer Portal

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