Former Oregon working backs coach Carlos Locklyn is asking for the civil go well with filed in opposition to him by UO for breach of contact be dismissed.
In a pair of filings in Lane County Circuit Court docket final week Locklyn’s attorneys ask the college’s declare for “unjust enrichment” be dismissed as a result of there’s “an enough authorized treatment” for the declare of breach of contract. UO is in search of $400,000 for breach of contract, per Locklyn’s buyout for leaving Oregon for Ohio State final spring, and the quantity owed is in dispute.
“As a matter of legislation, these authorized and equitable cures can not coexist,” Ansel Carr, one among Locklyn’s attorneys from Littler Mendelson P.C., writes within the movement to dismiss. “The events merely disagree on the interpretation of” the quantity owed within the buyout clause of his contract.
The movement states the events tried to resolve the matter on Could 8 and 14, however have been unable to take action. Locklyn requested a listening to, which is scheduled for June 30.
Oregon is in search of $400,000 plus 9% curiosity from Locklyn, who despatched a $200,000 private verify to UO final yr, which it returned as a result of it was lower than the college believed it was owed.
The college’s claims “are barred, in complete or partially, as a result of (Locklyn) has already paid any debt in full or settled it, making (Oregon)’s declare for additional fee plus curiosity invalid,” his response and affirmative protection from his attorneys states.
Locklyn asks for the courtroom to declare UO’s interpretation of the contract to be “inaccurate, invalid, and unenforceable,” for the go well with to be dismissed with prejudice and for him to be awarded attorneys’ charges.
