MORGANTOWN, W.Va. -- After a nearly 2 1/2-hour hearing that seemed to show these two legal teams don't like each other, a Monongalia County Circuit Court judge yesterday essentially told the lawyers to start working together, but he decided against trying to speed up a case that might not see trial until 2009.

So went the first true day in court for West Virginia University v. Rich Rodriguez, 97 days after the lawsuit was filed.

Judge Robert Stone permitted Rodriguez's lawyers to continue to pursue "at this stage" their claim he was fraudulently induced into signing the contract with the $4 million buyout at issue. He also removed the WVU Foundation as a third party to the case and declined to rule on a university request to speed up the case.

"I don't mean to suggest that this case is going to be completed by midsummer," Stone said. "It just takes time, when you have a major case to develop."

The courtroom was populated by mostly lawyers, law students and the media. Rodriguez did not attend, but his wife, Rita, did.

Lead university lawyer Thomas Flaherty of Charleston, W.Va., said his side still aims to complete evidence gathering by fall, in time for a judge's ruling without Rodriguez present or a trial: "The case can be resolved as a matter of law. If the case has to be resolved by a jury, just as soon as Judge Stone is prepared to convene one" that trial can begin.

"I don't think there's any chance" of a trial by the football season's August-camp start," added Rodriguez attorney Marv Robon of Toledo. That effectively would scratch the rest of 2008, with bowl preparation and/or recruiting hindering the availability of the defendant until mid-February.

"I want to do 10 depositions, at least. And I haven't had the opportunity to do one yet. They keep canceling."

That was a reference to the university's lawyers, who argued at the hearing that Rodriguez's attorneys haven't been agreeable in various aspects such as scheduling a deposition for Rodriguez and making available certain documents. University lawyer Jeffrey M. Wakefield contended that his team procured a copy of Rodriguez's Michigan term-sheet agreement, which he said stipulates a $4 million buyout "not as favorable to him" as the one in his final Mountaineers contract. Rodriguez attorney Sean McGinley agreed to provide other documentation pertaining to his client's Michigan contacts, interview, negotiation and term sheet.

Ground rules must be set for upcoming depositions of Rodriguez and Mountaineers athletic director Ed Pastilong, among others. Both sides are scheduled to talk by telephone Monday.

"I want the counsels to get together and agree upon case management," Stone said in declining the motion to expedite, leaving it to the lawyers, in part. "I shouldn't have to name [dates]. I don't need to referee that."

Of other motions, Stone removed the fund-raising WVU Foundation from the case by saying it wasn't involved, but not until its attorney, Stephen Crislip, rebuked Rodriguez's lawyers for filing a "jumbled" claim that he said could have been better written by university law students; and allowed to stand, at least temporarily, Rodriguez's claim that he was fraudulently induced into signing the August 2007 contract extension at a time when he maintains President Mike Garrison talked of removing or halving the buyout. Flaherty said Garrison is "chomping at the bit" to deny that in deposition.

Robon also spoke about real damages caused the university by Rodriguez's departure, saying that the team's Fiesta Bowl triumph under Bill Stewart, swift ticket sales and record-setting donations have been computed by a sports agent to show an actual loss of between $150,000 to $250,000.

An impassioned Rita Rodriguez said afterward outside the courtroom: "We will not back down."