The former Ole Miss offensive tackle
told reporters covering the Miami Dolphins that he would “probably” work out on campus this summer with Rebels strength and conditioning coach Paul Jackson for the five weeks between the end of minicamp last Thursday and training camp.
His decision comes after a failed attempt to serve him.
Matt Wilson, the attorney for Tunsil’s stepfather Lindsey Miller in Miller’s lawsuit, mailed a copy of the summons to the Dolphins training facility on May 9 via certified mail service, a permissible option when attempt to serve someone living outside of Mississippi, according to documents filed with the Lafayette County Circuit Court.
The lawsuit isn’t considered legally served until the defendant signs for the letter, an acknowledgment that he or she received it. Someone else apparently signed on Tunsil’s behalf when the package was delivered in Davie, Florida, on May 12.
Tunsil would’ve had 30 days from that date, which would’ve carried over to June 13, to respond or have a judgment by default ruled against him for the money requested by Miller.
Wilson filed the lawsuit against Tunsil on April 26 on Miller's behalf, alleging assault and battery, defamation of character and an intentional infliction of emotional distress. Wilson has 120 days, or until Aug. 24, to legally serve Tunsil, though a judge could grant an extension.
“At this point, we’re evaluating our next step,” Wilson said. “We attempted one particular means of process, and it was unsuccessful. We’re going to pursue other avenues as quickly as possible.”
Tunsil’s decision to return to Oxford should make it easier for Wilson to deliver the lawsuit. The campus is about a mile from the courthouse and less than a four-hour drive from Lewisburg, Tennessee, where Wilson’s office is located.
The next steps of the legal process could begin once Tunsil is served.
Wilson filed a motion alongside the lawsuit requesting an expedited deposition of head coach Hugh Freeze, assistant coach Matt Luke and assistant athletic director of football operations John Miller. Wilson would have the ability to subpoena them 30 days after Tunsil is served.
They could still undergo an expedited deposition — or a deposition before the 30-day period expires, which is rare — if Wilson files a request for a hearing on the matter and judge John Kelly Luther, who has been assigned the case, grants it.