Mel Tucker's attorneys reject motion to move legal case with Brenda Tracy to state court
(CBS DETROIT) - The legal battle between former Michigan State University head coach Mel Tucker and Brenda Tracy is far from over, as the debate on where it should proceed continues.
On Wednesday, Tucker's lawyers rejected Tracy's amended complaint to move the case from federal court to state and remove a federal claim of violating the Computer Fraud and Abuse Act. Tucker's legal team had until 4 p.m. Wednesday to respond to the motion.
His attorneys argued that while they do not object to Tracy seeking to remove the federal claim, the removal does not automatically transfer the case to another court.
"Plaintiffs' remand motion boils down to the incorrect assumption that removal of their CFAA claim automatically divests this court of subject matter jurisdiction," his legal team wrote in their response.
"Plaintiffs twice raised a federal claim in state court pleadings in their bid for injunctive relief, but as soon as Defendants rightfully removed to this court based on that claim, they immediately sought to withdraw that claim in hopes of returning to state court—subjecting Defendants and the judiciary to a manipulative forum shopping process," they later wrote.
Tracy, an activist and rape survivor, accused Tucker of sexually harassing her during a phone call in April 2022. She claimed Tucker masturbated without her consent, but Tucker claimed it was consensual.
The allegations became public following a report from USA Today on Sept. 10. Less than 24 hours later, MSU officials announced Tucker, who was a third-year coach at MSU, was suspended.
The university officially fired him on Sept. 27.
Tucker's team on Tuesday filed a motion in federal court to remove a temporary ban on releasing text messages connected to Tracy. In response, Tracy's lawyers filed their amended complaint, seeking to remand the case back to the state.
Earlier this month, the former coach's legal team released text messages that were between Tracy and Ahlan Alvarado, a friend and assistant who died in June. Tucker's attorneys alleged the messages showed Tracy was motivated by personal gain and that she had consensual relationships with Tucker and at least one other coach.
Tracy's team then filed a temporary restraining order to ban Tucker from releasing additional messages. That motion was granted in state court and expires on Friday.
Tracy's attorneys claimed the messages revealed confidential information such as sexual assault survivor medical records and business information.
However, Tucker's attorneys wrote in Tuesday's filing that the released messages "enclosed only heavily redacted written communications limited to particular issues that Tracy herself raised, demonstrating the utmost care in not releasing any extraneous information."
