MORGANTOWN, W.Va. – Rich Rodriguez and his lawyers have been allowed to produce evidence to support their claim that the former West Virginia University football coach was fraudulently induced to sign his contract.

Monongalia County Circuit Court Judge Robert Stone granted that request Thursday during a hearing on scheduling and pretrial motions in the university's lawsuit over a $4 million buyout clause in the contract.

A key motion by WVU also was granted, which involved the request for any documents related to Rodriguez' hiring and contract discussions with the University of Michigan.

Stone dismissed the WVU Foundation, the university's fundraising arm, as a third party to the case.

A motion to expedite the trial was denied. Stone said it probably wouldn't be resolved by midsummer. Both sides had indicated a desire to settle the matter before football season.

Rodriguez resigned in December after seven seasons with the Mountaineers to take the head coaching job at Michigan, where he's also agreed to a $4 million buyout, and took some of his coaches and recruits with him.

WVU sued Rodriguez Dec. 27, sparking a public feud marked by accusations of lying, destruction of documents and broken promises. The case was briefly sent to federal court, where a judge decided it should be heard in state court.

WVU claims Rodriguez owes the full amount he agreed to pay in his contract.

Rodriguez, however, claims he signed that agreement under false pretenses, expecting certain verbal promises from the administration to be kept. They included the reduction or elimination of the buyout clause – a promise WVU denies.

Though his resignation shocked fans and a team headed for the Fiesta Bowl, the gradual disintegration of the relationship between Rodriguez and the WVU Athletic Department was documented in a series of e-mails outlining the coach's failed attempts to gain control of the football program.

Depositions of Rodriguez and athletic director Ed Pastilong are scheduled later this month.