CLARKSBURG -- U.S. District Judge John Bailey issued an order Monday morning granting West Virginia University's motion to remand its case against former head football coach Rich Rodriguez to Monongalia County Circuit Court.

Bailey found that WVU is "an arm or alter ego of the state" and therefore not a citizen. For the case to be heard in federal court, it would have to be between two citizens.

In making his determination, Bailey used a four factor test established in the case of Ram Ditta vs. Maryland National Capital Park & Planning Commission. The four factors in the test are: will the outcome affect the state treasury; does the entity have significant autonomy from the state; is the entity involved in statewide concerns; and how is the entity treated by state law.

Bailey found that the case will have an effect on state funds; that WVU is not significantly autonomous from the state; that WVU is involved in statewide concerns; and that West Virginia state law clearly defines WVU as an arm of the state.

Judge Bailey did deny WVU's motion that Rodriguez pay the costs associated with the case being removed to federal court. He also denied WVU's request that its lawyers be allowed to depose Rodriguez and his wife, Rita to establish that they were West Virginia residents at the time the lawsuit was filed. Bailey denied that motion, because it is now moot.

Bailey did not address Rodriguez's claims that he and his wife were Michigan residents at the time.

To read Judge Bailey's full order, click below.

Judge Bailey's Order

Reacting to the decision, WVU's lead counsel Tom Flaherty gave the following statement: "We thought that we had a clear position that this should have never been removed to federal court. We anticipated Judge Bailey's decision, and we anticipated correctly. They should have never removed this case in the first case."

Now that the case is back in Monongalia County Circuit Court, WVU's lawyers will push for a scheduling conference with Judge Robert Stone, as soon as the judge's schedule permits.