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MrPhlegm

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Case 4:20-cv-02605

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LUKE LAMBERTH, individually and on behalf of all others similarly situated,

v.
THE TEXAS A&M UNIVERSITY SYSTEM

I. NATURE OF THE ACTION
1. This is a class action lawsuit on behalf of all persons who paid or will pay tuition to attend one of the universities in the A&M System

In short, A&M Students (as defined below) have paid substantial sums to the Universities for a first-rate education and educational experience, with all the appurtenant benefits offered by a first-rate university, but have been provided a materially deficient and insufficient alternative, which alternative constitutes a decrease in value as compared to what was originally contracted for.

In effect, the Universities have unlawfully seized and are in possession of property (funds) of A&M Students in the form of paid tuition and Mandatory Fees.

Plaintiff seeks, individually and on behalf of all other students similarly situated, just compensation for (i) the taking of tuition and Mandatory Fees proportionate to the amount of time that remained in the Spring 2020 semester

Plaintiff’s counsel has submitted Texas Public Information Act requests to each of the Universities and the Board of Regents of the A&M System (the “Board of Regents”) in order to, inter alia, gain access to the internal communications regarding issuing potential refunds and reimbursements to students and the ultimate denial of same. If any information received proves relevant, Plaintiff shall amend its pleadings to incorporate

PRAYER FOR RELIEF
WHEREFORE, Plaintiff Luke Lamberth, individually and on behalf of the Class, respectfully requests that the Court:
(a) Enter an order certifying the Class under Rule 23 of the Federal Rules of Civil Procedure, naming Mr. Lamberth as representative of the Class, and appointing Plaintiff’s attorneys as Class counsel;
(b) Enter judgment in favor of Plaintiff and the Class on all counts asserted herein, awarding just compensation in an amount to be determined by the trier of fact, including but not limited to restitution and all other forms of equitable monetary relief;
(c) Award Plaintiff and the Class reasonable attorneys’ fees, costs, and expenses;
(d) Award pre- and post-judgment interest on any amounts awarded; and
(e) Award Plaintiff and the Class such other and further relief as they may justly be entitled.
Case 4:20-cv-02605 Document 1 Filed on 07/23/20 in TXSD Page 20 of 21

aggy lawsuit tuition.jpeg

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1 hour ago, SwanderedTalent said:

that doesn't count, they were all super sad that Tupac Shakur got shot and killed right before the game so their black players ("Blaggies", in A&M parlance) just weren't able to focus on the game

First LOL of the day. Thank you.

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20 hours ago, ztejas said:

Yeah they did last year, but both of them were dogshit. I mean it's like us sweeping the Kansas schools when kst is down.

Something like 3-4 of their wins last year had the program fire their coach. 3 just in the mighty sec west. 
 

the only aggy wins last season over P5 teams that didn’t end up firing their coach were South Carolina (who should have and probably wild have if not for the Georgia game) that was 4-8 and an offensively neutered Oklahoma state. 

Edited by Pato del Muerto
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1 hour ago, Elmer_Fudd said:

Talk on SEC Rant is the extra 2 games for aggy will be Florida and Georgia.

hahaha holy shit. If that's true, is there any clearer way for the SEC to communicate to them that they don't value them at all and are just using them for their revenue and presence in Texas?

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EeQjkBKXYAAuYUs?format=jpg&name=large

 

The aggy become realistic when they're denied the luxury of their cream puff OOC slate. Colorado, Abilene Christian, Fresno and UNT will be replaced with the likes of UF and UGA, that's 4 easy wins replaced with 2 likely losses. The aggy are going to turn on Jumbo quickly after this season.

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2 minutes ago, Chad said:

EeQjkBKXYAAuYUs?format=jpg&name=large

 

The aggy become realistic when they're denied the luxury of their cream puff OOC slate. Colorado, Abilene Christian, Fresno and UNT will be replaced with the likes of UF and UGA, that's 4 easy wins replaced with 2 likely losses. The aggy are going to turn on Jumbo quickly after this season.

They aren't going to turn on him just yet.. they make excuse after excuse for Jimbo.  Looch will spin this season as the greatest tragedy to hit a championship favorite team, in covid.

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4 minutes ago, Longboard Horn said:

They've become self aware. Not sure whether to laugh or be worried.

Laugh. If they’re really self aware they will turn on their masters, the sec. nothing would be funnier than them complaining about their conference for treating them like the doormats they’ve always been. 

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3 minutes ago, Pato del Muerto said:

Laugh. If they’re really self aware they will turn on their masters, the sec. nothing would be funnier than them complaining about their conference for treating them like the doormats they’ve always been. 

Will they begin to blame bama more than they still blame UT for everything that goes wrong?

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12 hours ago, EZ$ said:

Going to be hard to win a national championship playing that many teams with a pulse.

that's not how Aggies think

first of all, they're GOING to win the whole thing this year, as of right now.

second, when they don't win the national title this year, regardless of their final record, they will absolutely insist that they would have won it if in a "normal" year. Whether they go 9-1 or 7-3 or 4-6, you'll hear "we were primed to win the whole thing in 2020 and then that coronavirus hoax screwed everything up and our season went to shit, otherwise we'da won it"

I fucking guarantee that is how this is going to play out. 

For maximum laughs, although I expect us to lose three games this year, try to imagine if we somehow do run the table against a truncated schedule when there's no real post-season, and we finish #1 in a legit poll while A&M goes 6-4 or something. Fucking LOL. They will lose their fucking minds. 

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7 minutes ago, Deej said:

Big Brother and the Big 12 was so mean to aggy, according to them, yet they are just going to bend over while the SEC fucks them in the ass, and then claim how great it was. 

It is the SEC, at least they think they get to bask in the glow of the SEC. Texas beat them consistently beat them for decades plus they got to live in our shadow.

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2 hours ago, Longboard Horn said:

They've become self aware. Not sure whether to laugh or be worried.

Self-awareness is beginning to creep into the minds of a number of rednecks in aggyland.

I've been saying for years the lack of intellectual capital in the B/CS area is a sign of just how far A&M is from being a world-class university.

The economic downturn, and the strain it will place on the government welfare projects that Texas A&M depends on as a lifeline (the vaccine boondoggle, the Los Alamos contract, etc), are going to be a nightmare for aggy.

Fuck aggy. They could have focused on attracting intellectual capital but they wanted a football stadium and to maintain their "only rednecks need apply" culture.

Every time an unemployed person in the Brazos Valley drives by the aggy campus and sees that stadium, I hope they realize the aggys had the choice between attracting intellectual capital to B/CS, or a football stadium, and the aggys chose the football stadium. And now B/CS desperately needs intellectual capital capable of creating new products and new technologies.

Texags couldn't even survive in College Station without getting a federal bailout back in April. When Texags can't survive in that economic shithole, what business can?

Quote

Whether football is cancelled or not (attendance will certainly be depressed this fall, even if restrictions aren't in play), it just serves as a wake-up call to diversify the economy better to withstand potential downturns. Sadly, some of the biggest area "employers" that aren't linked to campus are call centers that pay chump change.

https://texags.com/forums/35/topics/3125734/replies/56987129

Quote

I also think mistakes have been made which have created some structural impediments against the creation of high-paying companies here. For example, we have a medical school. But we do not have a teaching hospital here. (We send our med students to Temple or (more recently) to Houston for clinical training.) Hence we are missing the infrastructure that enables biomedical companies at a lot of other universities. This would be a difficult battle in any event given the amount of medical concentration in Houston, but we surrendered a long time ago.

With respect to computer/software firm employment, I know we suffer from being a small job market, but I am surprised that there have not been more spin-offs from the university in that area. I honestly don't know why this is.

I have heard for the past 25 years that the IP policies and offices at the university are not the friendliest towards commercial development. I can't give details without breaking confidences. But the track record is not stunning.

https://texags.com/forums/35/topics/3125734/replies/57060543

Quote

Diakin didn't even think about trying to move to college station. Waller is way more business friendly. [EDIT: Daikin is a freaking air conditioner assembly plant. Austin gets Tesla, B/CS can't even attract a company assembling 100 year-old technology.]

And also, for as 'cheap' as college station is, it really isn't. Every home is priced to cash flow 3-4 college kids. Not be single owner occupied by a manufacturing operator with a family.

As a side note, this isn't a College Station only thing. Waco had the same issues back in the 70s when a tire manufacturer wanted to set up shop outside the city. The Baylor admins and local roost of doctors/lawyers/politicians couldn't have some white trash money driving around with truck nuts in their town.

Waco eventually did get a ring of distribution/manufacturing.[EDIT: Is B/CS really fifty years behind Waco in economic development?]

 

Edited by Randolph Duke
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2 hours ago, Chad said:

EeQjkBKXYAAuYUs?format=jpg&name=large

 

The aggy become realistic when they're denied the luxury of their cream puff OOC slate. Colorado, Abilene Christian, Fresno and UNT will be replaced with the likes of UF and UGA, that's 4 easy wins replaced with 2 likely losses. The aggy are going to turn on Jumbo quickly after this season.

Do you remember the Tupac-Louisiana loss excuse?  Just wait for the excuses this year.

 

2 hours ago, Longboard Horn said:

They've become self aware. Not sure whether to laugh or be worried.

A century and a half track track record tells me you are wrong.

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12 hours ago, Longboard Horn said:

post #7 on that thread from 1 week ago in italics:

I was paying about $24,000 a year to the TMF after new Kyle was finished. Since I got out of law school, my donations alone have probably covered four years of tuition for several players. But I just turned off that spigot last week.

I love Aggie football. There was a time (literally 3 months ago) when I would do or donate damn near anything to see us win a national championship, even overlook the uninformed opinions of our left-leaning players and administration. (
!!!! That's right, Mr. Talkie Bird and the "they haven't called me AD" are LEFT LEANING.  You can't make this shit up).

Unfortunately, things have escalated too much, and I can no longer donate money in good conscience that might end up going to people who want to destroy the fabric of our free society. For me, a switch has been flipped over the last month, and I am sad to say I would rather see our football program burned to the ****ing ground at this point than let a single dollar of mine go to support what is happening to our once great university. Sad.

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2 hours ago, SwanderedTalent said:

first of all, they're GOING to win the whole thing this year, as of right now.

.... while simultaneously squealing for Mond to spontaneously re-educate himself and the left-leaning (!) administration to instantiate a reality reversal to an old world order of Sully / Mah Freedoms where the blaggies are blind and jizz jar's fine at the Big Rock Candy Mountain.

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2 hours ago, Thiefery said:

Will they begin to blame bama more than they still blame UT for everything that goes wrong?

Bama and Georgia call the shots over there.  Let's see how the schedule shakes out.  They have to be squealing to Jerry & Pig about going home/home for 2 years to get a desperately needed home game back.  If they pull that off, and they are granted the "marquee" additional league game at Pyle, they will probably shut the fuck up and take it no lube.  5 home games total, with the Florida/Georgia/Tennessee game on the road, yeah, they will not be able to resist, and they will talk up Smaug, in person, without a Ring of Power.  And it will be glorious.

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19 minutes ago, Hagbard Celine said:

 


Unfortunately, things have escalated too much, and I can no longer donate money in good conscience that might end up going to people who want to destroy the fabric of our free society. For me, a switch has been flipped over the last month, and I am sad to say I would rather see our football program burned to the ****ing ground at this point than let a single dollar of mine go to support what is happening to our once great university. Sad.

I missed the announcement, did they finally decide to desegregate that shit hole school?

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40 minutes ago, Hagbard Celine said:

post #7 on that thread from 1 week ago in italics:

I was paying about $24,000 a year to the TMF after new Kyle was finished. Since I got out of law school, my donations alone have probably covered four years of tuition for several players. But I just turned off that spigot last week.

I love Aggie football. There was a time (literally 3 months ago) when I would do or donate damn near anything to see us win a national championship, even overlook the uninformed opinions of our left-leaning players and administration. (
!!!! That's right, Mr. Talkie Bird and the "they haven't called me AD" are LEFT LEANING.  You can't make this shit up).

Unfortunately, things have escalated too much, and I can no longer donate money in good conscience that might end up going to people who want to destroy the fabric of our free society. For me, a switch has been flipped over the last month, and I am sad to say I would rather see our football program burned to the ****ing ground at this point than let a single dollar of mine go to support what is happening to our once great university. Sad.

Let's look at the numbers. From the TMF annual report.

Notice our friend starts saying he was "paying about $24k" to the TMF. He then shifts to talking about how much he "donates."

Only 50% of the TMF members have football tickets. Of the almost 20,000 TMF members (of 500,000 aggy alumni), barely 650 TMF numbers donate more than $750 to aggy athletics. Only 113 (of 500,000 aggy alumni) donate at least $2,500. Of the top 650 donors to TMF, the average donation is less than $1,500.

aggys don't donate to their school. They aren't donating, they are paying market price for their football tickets.

tmf numbers .jpeg

Edited by Randolph Duke
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On 7/30/2020 at 12:18 PM, Randolph Duke said:

Case 4:20-cv-02605

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LUKE LAMBERTH, individually and on behalf of all others similarly situated,

v.
THE TEXAS A&M UNIVERSITY SYSTEM

I. NATURE OF THE ACTION
1. This is a class action lawsuit on behalf of all persons who paid or will pay tuition to attend one of the universities in the A&M System

In short, A&M Students (as defined below) have paid substantial sums to the Universities for a first-rate education and educational experience, with all the appurtenant benefits offered by a first-rate university, but have been provided a materially deficient and insufficient alternative, which alternative constitutes a decrease in value as compared to what was originally contracted for.

In effect, the Universities have unlawfully seized and are in possession of property (funds) of A&M Students in the form of paid tuition and Mandatory Fees.

Plaintiff seeks, individually and on behalf of all other students similarly situated, just compensation for (i) the taking of tuition and Mandatory Fees proportionate to the amount of time that remained in the Spring 2020 semester

Plaintiff’s counsel has submitted Texas Public Information Act requests to each of the Universities and the Board of Regents of the A&M System (the “Board of Regents”) in order to, inter alia, gain access to the internal communications regarding issuing potential refunds and reimbursements to students and the ultimate denial of same. If any information received proves relevant, Plaintiff shall amend its pleadings to incorporate

PRAYER FOR RELIEF
WHEREFORE, Plaintiff Luke Lamberth, individually and on behalf of the Class, respectfully requests that the Court:
(a) Enter an order certifying the Class under Rule 23 of the Federal Rules of Civil Procedure, naming Mr. Lamberth as representative of the Class, and appointing Plaintiff’s attorneys as Class counsel;
(b) Enter judgment in favor of Plaintiff and the Class on all counts asserted herein, awarding just compensation in an amount to be determined by the trier of fact, including but not limited to restitution and all other forms of equitable monetary relief;
(c) Award Plaintiff and the Class reasonable attorneys’ fees, costs, and expenses;
(d) Award pre- and post-judgment interest on any amounts awarded; and
(e) Award Plaintiff and the Class such other and further relief as they may justly be entitled.
Case 4:20-cv-02605 Document 1 Filed on 07/23/20 in TXSD Page 20 of 21

aggy lawsuit tuition.jpeg

A bunch of colleges are facing this. Is there anything especially aggy about this one?

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49 minutes ago, Hagbard Celine said:

Bama and Georgia call the shots over there.  Let's see how the schedule shakes out.  They have to be squealing to Jerry & Pig about going home/home for 2 years to get a desperately needed home game back.  If they pull that off, and they are granted the "marquee" additional league game at Pyle, they will probably shut the fuck up and take it no lube.  5 home games total, with the Florida/Georgia/Tennessee game on the road, yeah, they will not be able to resist, and they will talk up Smaug, in person, without a Ring of Power.  And it will be glorious.

just a general question, but why does Georgia run shit? Florida has won 3 football, 2 basketball, and 1 baseball NC in the last 25 years. Georgia has 1 in baseball since Reagan was sworn in and nothing else   

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9 minutes ago, 'stache said:

A bunch of colleges are facing this. Is there anything especially aggy about this one?

Not that I can see. I'm sure money to financial institutions will be part of a federal package for the states. I'm just watching how aggy's public statements differ from what they are saying elsewhere.

I'm starting to look at the numbers for the athletics departments. Iowa State saying they are looking at a $73 mil hit (their annual op revenue is only $80 mil) the first I have seen.

The fiscal year for UT and A&M ends Aug 31, so we should be some level of information in the next few weeks.

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