OLE MISS

Lindsey Miller files for motion to dismiss in Rebel Rags case

Mississippi Clarion Ledger

Rebel Rags, an Oxford-based retail store, filed a lawsuit against Lindsey Miller, Laremy Tunsil's estranged stepfather, and others last month.

OXFORD - Rebel Rags' lawsuit took yet another turn Thursday.

Lindsey Miller, Laremy Tunsil's estranged stepfather and one of the defendants being sued by the retail store, filed for a "motion to dismiss and/or to strike, or in the alternative, for a more definite statement" on Thursday.

In June, Rebel Rags filed a lawsuit against Miller, Mississippi State's Leo Lewis and Kobe Jones, and 15 other John Doe defendants.

Rebel Rags is suing for defamation, commercial disparagement and civil conspiracy, which stems from statements Miller and others gave to the NCAA during the course of its investigation into Ole Miss' football program.

"Mr. Miller respectfully submits that the Complaint is insufficient as a matter of law and that it fails to state a valid claim upon which relief may be granted," the motion states.

Miller's attorney, Matthew Wilson, referred request for comments to his motion.

Rebel Rags was named in allegation No. 9 in the NCAA's notice of allegations, which was delivered to Ole Miss in February and made public last month.

The allegation stated that former defensive line coach Chris Kiffin and former off-field staffer Barney Farrar arranged for $2,800 worth of free merchandise from Rebel Rags for Miller, Lewis and Jones, which constitutes as an impermissible recruiting inducement and a Level I violation.

Ole Miss released its response to its notice of allegations on June 6. Rebel Rags, who is represented by Clarksdale-based attorney Charles Merkel, filed its lawsuit later that week.

Merkel has demanded a retraction of allegation No. 9 from the NCAA. He wasn't immediately available for comment Thursday.

Miller's motion addresses each of the three counts individually. Regarding defamation, it states: "Count I fails to articulate how the alleged defamation had the capacity to cause harm to the Plaintiff's reputation."

In regard to commercial disparagement: "Count II should be dismissed for failure to state a claim and/or be stricken from the pleadings to Rule 12 (f) as being scandalous or immaterial."

And lastly, civil conspiracy: "The aforementioned paragraphs do not reference the time Mr. Miller 'acted in a concerted effort to bring harm or damage to the reputation of others.'"

Depositions for Lewis and Jones have been scheduled for July 19, but there's a strong possibility those will be delayed.

ContactAntonio Morales at 601-961-7117 oramorales2@gannett.com. Follow him onTwitter.