Photo by Butch Dill
Tennessee coach Phillip Fulmer speaks during a radio interview at the SEC football media days in Hoover, Ala. on Thursday.
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HOOVER, Ala. - A Jackson County (Ala.) court issued a subpoena Wednesday for Tennessee football coach Phillip Fulmer, however, Fulmer denied being served the document here Thursday morning.
News of the subpoena, which seeks Fulmer for a deposition in a defamation suit brought by Chattanooga car salesman Wendell Smith against the NCAA, began to circulate – along with photocopies of the subpoena – about 11 a.m. Thursday during SEC Media Days at the Wynfrey Hotel.
Chris Linton, a clerk at the Birmingham law firm of Blankenship, Harrelson and Wollitz representing Wendell Smith, told the News Sentinel that a process server gave Fulmer the subpoena as Fulmer exited an SUV in front of the hotel before his appearance here Thursday.
Fulmer, however, said he was unaware of any subpoena and that he had not been served.
“A couple guys have asked me about that, and I haven’t seen anything like that,” Fulmer said. “We spent, what was it three or four years ago, putting up with all that BS that had nothing to do with football and the Southeastern Conference. And darn if I’m going start it again if I don’t have to.
“Somebody’s just screwing around, it just sounds to me like.”
Fulmer echoed those same comments throughout the morning and early afternoon as he met with various media groups.
The subpoena was issued Wednesday, and Jackson County Circuit Court judge John Graham granted a motion to waive the usual 15-day period from issuing a subpoena before it can be issued, the Jackson County clerk’s office said.
The subpoena calls for Fulmer to be deposed Sept. 25 in Birmingham, two days before the Vols play at Auburn, however that date would likely be postponed assuming Fulmer could show the timing of the deposition is “unreasonable.”
It also remains unclear whether Fulmer will actually wind up testifying in the case.
Smith has a long standing suit against the NCAA, claiming the organization slandered him in accusing him of violating NCAA rules. Smith was accused of providing football player Kenny Smith, no relation, with $20,000 to play football at Alabama in the late 1990s. Smith had questioned Fulmer's role as a source in the NCAA's investigation.
Fulmer's attorney Jeff Hagood, reached in Knoxville early this afternoon, said Fulmer had not called him about the matter.
"We talked last night and early this morning, but it was mainly about his new grandson," Hagood said.
Fulmer became a grandfather Monday when his daughter, Courtney Peace, gave birth to Joseph Phillip Peace in Austin, Texas.
More updates throughout the day on KnoxNews.com and in tomorrow’s News Sentinel.
Drew Edwards covers University of Tennessee football. He may be reached at 865-342-6274.
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Comments » 190
VolGraduate writes:
nice....
chrslyp writes:
these alabama people just can't let go. how many years ago was that?
Volchaz writes:
who would have thought? Phil, in Alabama, they just love him there.....
RockyTopRK writes:
Bama still trying to get Fulmer for turning them in for recruiting violations. It's time for them to get over it and move on! Poor losers, poor sports, poor school,
HotlantaVol writes:
It's a paternity suit. Fulmer is actually $aban's daddy.
mnx writes:
right before the Auburn game...nice timing...this is ridiculous
vtvol#210290 writes:
There's probably a grand jury investigation about how Fulmer and staff are getting a BUNCH of commits without paying and lying to them like Nick Satan would. Buck Fama!
wartburgvol writes:
this was brought on by some alabama numb nut attorney!
RockyTopRK writes:
This subpoena is about food. Chavis and Fulmer ate the whole buffet at the Bama Cafeteria - leaving nothing but crumbs for other patrons. As a result, the place had to close down 4 hours early!
cmcfalls writes:
chrslyp - you expect a University and fan base who talk about the Bear as though he were still alive and count on mythical "championships" to not live in the past? This IS Bammer we are talking about...
RJ_Vol writes:
This is just another reason UT needs to lobby the SEC to move its media days from Alabama. It is a state that is using its judicial system to try to settle an old score for its football team. Hamilton needs to lobby that all SEC events be moved from Alabama. Since Alabama seems unphased by its NCAA violations and law breaking ways, it may be time to vote them out of the SEC. They are cheaters and thank goodness our coach stood up to them. Maybe UT needs to pull a Pat Summitt and permanently remove them from our schedule.
GerryOP writes:
Does a subpoena garner Fulmer Cup points?
flan55#206368 writes:
Unbelievable.
Brama writes:
What is the Subpoena For?
juicetke#226846 writes:
So are they going to serve the other coaches involved in this, like Saban and Spurrier? Probably not, those fans have selective memory just like they are allowed to count all their promotional national championships but no one else can.
thesavageorange writes:
Remember guys, this is a suit against the ncaa not Fulmer.However I do think they are doing this to give Tennessee a black eye.
Bama cheated ,period.But I guess that's Fulmers fault.Is there any doubt most people in the Bama family and their fans are sociopathic?
Symptoms:
not learning from experience
no sense of responsibility
inability to form meaningful relationships
inability to control impulses
lack of moral sense
chronically antisocial behavior
no change in behavior after punishment
emotional immaturity
lack of guilt
self-centeredness
If the tables were turned ,I would be pissed that a representative of Tennessee would act in this manner.
VolGraduate writes:
subpoenas don't necessarily mean you are getting sued...
THANKYOU4GETTINGRIDOFTHENOTSOSLIMONE writes:
That's what tattling will get you. What did you guys expect?
Pullingguard writes:
The SEC should never have their yearly pre-season football Media days in any state with the backward reputation of the past and present as Alabama. Just wonder how Fulmer and his attorneys will handle this for it could be a distraction within the football season.
bd330794#206783 writes:
I always thought Ohio State had the most myopic fans. But bama now takes the cake...
bryanncaawalker writes:
Alabama is going to get what's coming to them this fall! I hope they get the death penalty. They deserve that too. NCAA should go right in and clean house after this stuff. I can't believe they think they can sue the ncaa and then think they can find favor in the long run. I hope they slap them with so many sanctions when they get caught again that it will bury them for years! It's going to happen. You can't think the ncaa will ever forget this.
Silent_Fulmer writes:
lets hear it for SILENT FOOLMER!
SmokeDog72 writes:
Bama will always put too much emphasis on the past. If the health department in Tuscaloosa would allow it, Bama would stick what's left of Bear Bryant's corpse on the sidelines. Kind of reminds me of a joke:
Q: How many Bama fans does it take to change a lightbulb?
A: Four. One to change the lightbulb and three to talk about how good the old one was.
What a bunch of freaks. I hope we kick the phooey out of them this year.
Vols1998 writes:
Alabama.....and they will be playing in Knoxville.....hmm, that is going to be a very good game.
Go Vols!!!
TommyJack writes:
Savage: 11:46: Add this one. They change their oil in Wal-Mart parking lots.
longtimefan writes:
this has already cost CFP $10,000. if i were coach i wouldn't go to another media day until they move it from alabummer.he only did what the league ask him to do. RAT OUT CHEATERS! so PLEASE leave BRIT.... AHHH, i mean PHIL ALONE!
marinevol writes:
Silent, I think we all can see who the fool is.
abnermc writes:
This is great ! An opportunity for Phil to tell the whole world how bama has operated all these years. And only because one of their supporters has forced it. This is fun & hilarious.
EricBerryIsYourFather writes:
Is there anything more hateable than Alabama? I would cheer for the Taliban if they played the lowlifes from Bama.
smokey90 writes:
RJ Vol at 11:37 is on point. Savage too. Fulmer's attorney could move to quash the subpoena, or if I was Fulmer, I would give the deposition now during media days. That would be bama's worse fear. Cheaters!
thesavageorange writes:
I hate to say it DC, but that's Bamas plan.Again ,this is a defamation lawsuit of a bama booster vs the NCAA not CPF.
TommyJack ,that's hilarious.
jmbigorange#280428 writes:
DCFLORIDA, Agree with you on that one. Recruiting! Freakn' Bammers!
LDDFC912 writes:
What does a front yard in Bama and a runaway train have in common? Several cars with no engine.
smokey90 writes:
Fulmer is only giving a deposition as a witness. That is not legal trouble (dcflorida?). The timing is the issue. It is meant to disrupt Fulmer. Give the nasty details now while the media is watching, and let bama relive the embarrassment of getting caught by the NCAA and in a federal criminal court
smokey90 writes:
Note Fulmer, Pearl and Summit report violations. i doubt UT is committing any serious violations.
WorkinLikeHeck writes:
Foolmore just threw a "workinlikeheck" into his media days. He also contradicted himself about the schedule.
hotcarl writes:
"Symptoms:
not learning from experience
no sense of responsibility
inability to form meaningful relationships
inability to control impulses
lack of moral sense
chronically antisocial behavior
no change in behavior after punishment
emotional immaturity
lack of guilt
self-centeredness"
You forgot inability to control their bowels.
hotcarl writes:
"Maybe UT needs to pull a Pat Summitt and permanently remove them from our schedule."
That would be nice if it were possible. Unfortunately, the SEC creates the in-conference schedule themselves so Tennessee can do nothing about it.
spvol writes:
Three things the people of Alabama need to realize: You cheated; you got caught; Bear is dead. Once they comprehend these three things, they can move forward into the TWENTIETH century.
LDDFC912 writes:
I hate the idea of any Vol fan going to the state other than to beat down Bama. We shoud just put a wall up at the state line.
twin942 writes:
Good post Savage. As you said, they cheated. Bottom line. They came VERY close to the death penalty, which should show you something of their character.
I have absolutely no respect for Bama's fan base now.
agentorange writes:
kill bama
smokey90 writes:
gator do you understand a subpoena for a deposition only means he must show up at a certain time and place to answer questions? That is if the subpoena stands. I think more likely than not there will be no deposition on Sept. 25 of Fulmer. Regardless, he is not a party. Hence, no judgment can be ordered against Fulmer.
makdadvol writes:
What ever happened to "Statute of Limitations". Does it not apply in Alabama or what?
volchiq writes:
I think this makes Bama look just as bad as Phil...it is dragging out something that they thought was over and done with. They had a fairly clean start with the new coach. Now Saban will get asked about it and be a distraction to him as well.
I think this will be another reason for the "disrespected" Vols to come out strong this season.
thesavageorange writes:
gator4life , I concur.
smokey90 writes:
makdadvol statute of limitation (sol) only applies to filing a case. This case has been filed for some time.
WorkinLikeHeck writes:
Foolmore also said he "hadn't seen anything like that" when asked about the subpoena. Then later called it "BS".
makdadvol writes:
smokey90 Thank you for clearing that up for me.
BigMix writes:
Tebow looks like he's plumped up a little, DC.
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