Mitchell said he has watched film of the former OSU All-American.

Writing on Ohio State linebackers, Mike Mitchell, James Laurinaitis and the Buckeyes

COLUMBUS, Ohio – Stunningly, Mike Mitchell did not know that the father of James Laurinaitis was a professional wrestler. He was quickly instructed to examine YouTube video of Joe Laurinaitis, a former WWE star, as Road Warrior Animal. Or Mitchell could read any of the hundreds of stories referencing the famous father during James Laurinaitis' OSU career.

Mitchell, however, does know something about Laurinaitis as a linebacker. He's been watching the former OSU star on film.

“It's just how physical he is. But his brain is just as unbelievable. He recognizes so much stuff on the field, and he's a great leader," Mitchell said. "His linebacker IQ is really high.”

How's Mitchell's linebacker IQ?

“Right now I'm just trying to go learn the defense and take it all in,” Mitchell said. “It's moving really fast in camp, but I think I'm doing a really good job, at least as a freshman. All the other linebackers help me out.”

As a freshman in 2005, Laurinaitis mostly watched and learned behind A.J. Hawk, Bobby Carpenter and Anthony Schlegel before he was forced to take Carpenter's spot after the senior broke his leg against Michigan. As a sophomore, Laurinaitis was an All-American.

Mitchell doesn't have quite that kind of veteran experience in front of him this year, though juniors Ryan Shazier and Curtis Grant have the top two spots locked down, assuming they are healthy. Projecting Mitchell as a starter as a sophomore in 2014, and a key backup this season, fits his profile. At the moment, he's not ready for more.

Mitchell spoke early in camp, but on Monday linebackers coach and defensive coordinator Luke Fickell said Mitchell was the among the freshmen who had recently had a welcome to college football moment.

“Mike is one of the guys who went really hard and the last couple days hit a wall,” Fickell said. “Ninety percent of freshmen hit the wall. How they respond in the next three days will determine in (10) days if we feel like we can put them on the field a lot.”

During his OSU days, some questioned the athleticism of Laurinaitis, a future second-round NFL draft pick and now the starter at middle linebacker for the St. Louis Rams. Mitchell, at 6-4 and 225 pounds, doesn't carry any questions like that.

“The speed and size and playmaking of Mike Mitchell – he's going to come out of OSU and NFL scouts are going to be raving about him, especially when he goes to the combine and runs a 4.4,” Scout.com recruiting analyst Scott Kennedy told cleveland.com around National Signing Day in February.

It may be Mitchell's head that has to get him over the wall. Physically, he'll get there. But a middle linebacker has to understand the entire defense, and Mitchell said that's the position he'd like to play.

“You've just got to take it all in, and it moves so fast,” Mitchell said, “you've got to be able to absorb it and contain it in your brain.”

He doesn't have to be ready now. But if a linebacker goes down in 2013, like one did in 2005, Mitchell could get the same call as a freshman that Laurinaitis once did.

Coming off a 14-inning victory, the Indians will push Masterson to provide their bullpen with some much-needed rest in this finale against the Los Angeles Angels on Wednesday.

 

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Tennessee court to weigh whether PIlot Flying J's Jimmy Haslam should be deposed.

CLEVELAND, Ohio -- A judge could decide as soon as tomorrow whether Pilot Flying J CEO Jimmy Haslam has to give a sworn deposition about what, if anything, he knew about alleged fuel-price cheating at his truck stop chain.

Atlantic Coast Carriers and three other trucking companies are asking Knox County Circuit Court Judge Harold Wimberly to allow them to take testimony from Haslam in September. They also want to depose Pilot President Mark Hazelwood, Vice President of Sales John  Freeman and Tom Ingram, a consultant for Haslam.

The trucking companies are pushing Pilot to produce a raft of documents, including spreadsheets, faxes and emails that deal with fuel rebates and discounts to some 4,000 trucking firms that had fuel-pricing contracts with Knoxville, Tenn.-based Pilot. Even more fundamentally, Atlantic Coast attorney Drew McElroy said, the trucking companies want a response to the lawsuit they filed in April alleging Pilot defrauded customers by withholding fuel rebates or discount payments they were owed.

"That's very basic," McElroy said. "Right now we have our allegations and nothing else. It's kind of hard to fight over if there's nothing else there."

Attorneys for Pilot Flying J have filed motions to prevent questioning of Haslam or the others. A hearing on the competing motions is set for 1:30 p.m. Thursday.

Pilot cites the possibility of upcoming criminal proceedings in the government's probe of the company in its arguments against immediate discovery, and says it should not have to testify in related civil lawsuits while that situation is unclear. Pilot also says lawsuits by Atlantic Coast and other plaintiffs should be put on hold until a judge in Arkansas has a chance to rule on a proposed class settlement of claims against Pilot. The settlement calls for Pilot to reimburse trucking companies anything they're owed in rebates or discounts, plus six percent.

A judge is expected to decide after a Nov. 25 fairness hearing whether to approve the agreement.

Pilot Flying J is owned by the Haslam family, which includes Cleveland Browns owner Jimmy Haslam and Tennessee Gov. Bill Haslam.

The company that filed the lawsuit leading to Pilot's planned settlement, National Trucking Financial Reclamation Services, "is not a trucking company and has never bought a gallon of fuel from Pilot," according to a motion McElroy filed this week.

National Trucking was incorporated in Arkansas on April 22 by Lane Kidd, president of the Arkansas Trucking Association. That was a week after federal agents raided Pilot's headquarters, looking for evidence of fuel price fraud. National Trucking and the trucking association share a Little Rock, Ark., address.

Pilot is a member of the Arkansas Trucking Association, which counts Pilot as a major contributor, the Tennessean, Nashville's daily paper, reported on Tuesday. A magazine published by the association, Arkansas Trucking Report, lists Pilot Flying J as a "gold sponsor" of its 2013 conference, the newspaper said.

Kidd, on Wednesday, declined to discuss National Trucking or the civil litigation. A Pilot spokeswoman said the truck stop chain had nothing to do with the formation of National Trucking.

"Pilot Flying J belongs to many state trucking associations and supports their activities as part of its commitment to the nation's drivers," Rachel Albright said.

She said Pilot is "proud to have been party to requesting the proposed Arkansas court agreement and believes it is a fair and equitable settlement for its customers. Furthermore, any customer who does not feel the same way may opt out of the agreement."

Shortstop Asdrubal Cabrera gave Joe Smith the high sign Tuesday night in the eighth inning and the next thing Josh Hamilton knew he was picked off second base.

Michael Bourn (left), Asdrubal Cabrera and Drew Stubbs celebrate Tuesday night after Indians beat the Angels, 4-1, in 14 innings.Jae C. Hong, Associated Press

ANAHEIM, Calif. -- Seen and heard at Angel Stadium before Wednesday's series finale.

Clubhouse confidential: Shortstop Asdrubal Cabrera had a message for reliever Joe Smith in the eighth inning Tuesday night. Cabrera told Smith, "Don't forget about him at second base."

Josh Hamilton was on second base, Mark Trumbo was on first and Kole Calhoun was at the plate in a 1-1 game. Cabrera snuck in behind Hamilton, Smith whirled and threw to Cabrera, who slapped down the tag for the second out.

"In the five years I've been here, I don't think I've ever tried a pick play at second with Cabbie playing shortstop," said Smith. "Hamilton was kind of standing there chilling. Cabbie broke and I said, "OK, I'll throw it.' It was one of those things where you were better off not knowing it's coming so you couldn't screw it up. You're just like, "Oh, that's awesome.'"

The play was a game changer because Calhoun singled and Hamilton would have scored the winning run. The Indians beat the Angels, 4-1, in 14 innings.

Hot stuff: The Angel Stadium radar gun was running hot Tuesday. When Erick Aybar grounded out to Cabrera -- who made another game-saving play -- in the ninth, Smith's pitch registered 136 mph.

"That's a pitch I only break out once a year," said Smith with smile.

Stat of the day: The Indians' victory Tuesday took 14 innings and 5 hours and 17 minutes. It's their longest game in terms of time since a 14-inning loss to the White Sox on Aug. 16, 2011 that took 5:21.

Little was doing 81 in a 60-mph zone in Strongsville near the Ohio Turnpike, according to report.

Cleveland Browns wide receiver Greg Little. Plain Dealer file photo

CLEVELAND, Ohio -- Cleveland Browns receiver Greg Little on Monday night received a ticket for driving 81 mph in a 60-mph zone and also was cited for having expired plates, according to a report on WOIO.com.

The Cuyahoga County Sheriff's Department confirmed to WOIO that a deputy had cited Little on I-71 near the Ohio Turnpike in Strongsville.

WOIO also reported that according to records, in April of this year Little admitted going 127 mph and losing control on the Jennings Freeway at Spring Road. Cleveland police found he hit a guardrail, knocked down a light pole and left 40 yards of brake tracks. Little received a $350 fine for that incident.

WOIO also is reporting that Browns receiver Josh Gordon has failed to show in court for a minor speeding ticket after being cited for driving 98 mph in a 60-mph zone.

A Browns team spokesman this evening told cleveland.com that no alcohol was involved in any of the incidents. Also, the Browns this evening issued a statement:

"We’re aware of the situation involving the players and their unacceptable driving records. We take matters such as this very seriously. We’ve spoken to both individuals, and will address the issue with the entire team."

Little is due in court in Berea on Sept. 4.

Roby no longer has a pretrial hearing on Monday but he remains suspended for the opener against Buffalo.

COLUMBUS, Ohio – While the Buckeyes are working on defending Buffalo next week, suspended cornerback Bradley Roby won't have to worry about defending himself.

His disorderly conduct charge in an Indiana court was dismissed Wednesday after Roby agreed to a pretrial diversion program, according to the Monroe County court website. His pretrial hearing that had been scheduled to be held in Bloomington, Ind., on Monday has been canceled.

This move came after the original charge of misdemeanor battery against Roby, stemming from a July incident at an Indiana bar when he was alleged to have struck a bouncer in the chest, was dropped to disorderly conduct last week.

After that change, OSU coach Urban Meyer said Roby would be suspended for the first game of the season, and he indicated that if the charge hadn't been reduced, the suspension could have been longer. This latest change won't change Roby's status with Meyer, because the coach said the suspension was for being at the bar and having any kind of issue.

Running back Carlos Hyde has been suspended for three games for his involvement in a nightclub incident the same weekend as Roby, though he never faced charges from police.

Cornerbacks coach Kerry Coombs said Monday that sophomore Armani Reeves is expected to start in place of Roby for the first week. He also said Roby has been embarrassed by the legal issues, but that he has been “awesome” in handling himself during preseason camp.

On Tuesday night, the Indians' bullpen was stretched thin in a 14-inning victory over the Angels. On Wednesday, manager Terry Francona was looking for relief in a different direction.

After pitching in four straight games, Bryan Shaw was one of the relievers manager Terry Francona was going to try not to use Wednesday against the Angels after his bullpen was depleted in Tuesday's 14-inning victory. Al Behrman, Associated Press 

ANAHEIM, Calif. -- Manager Terry Francona saw Justin Masterson at breakfast Wednesday morning and delivered one message.

"I told him his pitch count today was 190," said Francona.

Francona needed innings from Masterson because in Tuesday's 4-1 victory over the Angels, he used all of his eight relievers in the 14-inning game. In 8 2/3 scoreless innings, the pen struck out 11, allowed nine hits, four walks and threw 143 pitches, including 93 nine strikes.

In the first eight games of this nine-game trip, the bullpen has a 1.36 ERA (five earned runs in 32 2/3 innings). It's held the opposition to a .192 batting average and stranded 22-of-23 inherited baserunners.

So they needed a break Wednesday.

After Tuesday's game, Francona, GM Chris Antonetti and the coaching staff talked about calling up a reliever from Class AAA Columbus.

"We could have gotten a guy here," said Francona. "There was a 6:30 a.m. flight, but to be honest with you ... I would have had a hard time sending someone down after Tuesday night. It sends the wrong message."

Pitching coach Mickey Callaway checked on what relievers were available before Wednesday's game. Bryan Shaw was one arm in need of a rest after pitching four days in a row, including 1 1/3 innings Tuesday.

"He's unbelievable," said Francona. "We check with him every day and he says 'I'm good. He always says, I'm good.'"

Shaw is 2-3 with a 3.81 ERA in 53 appearances. He's struck out 55, walked 23 and allowed 48 hits in 56 2/3 innings.

"Sometimes guys suck up innings and take on some innings that are a little rough when they're gassed," said Francona. "But as a manager you don't forget that.

"Julian Tavarez was the all-time best at that. At the end of year his ERA might be 3.80, but he saved the bullpen 10 times a year because he'd pitch when he had no business pitching."

Matt Albers, Rich Hill and Marc Rzepczynski were among the relievers who were available.

Rookie Cody Allen, with two appearances over 20 pitches each in the last three games, said he could pitch, but Francona wasn't sure about using him. He felt the same about closer Chris Perez.

"We're not going to mix and match," said Francona. "We're going to have to get them out.

Francona did say Carlos Carrasco was available. Carrasco, a starter by trade, pitched the final two innings Tuesday for his first win of the year. Francona said he'd only pitch if Wednesday's game went into extra innings.

"We wanted to try to get him in the bullpen organically," said Francona. "To put him in a game like that, and see him respond, was exciting."

Pattern set: In his last two starts, Danny Salazar has been removed after 71 pitches and four innings against the Twins and 75 pitches and 5 1/3 innings Wednesday against the Angels. That's how the Indians are going to handle him from here to the end of the season.

"I have a responsibility to him and the organization to handle this appropriately," said Francona. "It's hard. I'm not saying it's bad, but we talked about it before the game and we all came to conclusion is that we didn't want him to go through the middle of the order when he's getting at that pitch limit.

"We all know he can do it, but we feel that's where he's stressed the most."

Salazar, who has been on a pitch count since undergoing Tommy John surgery in 2010, says he understands the strategy.

"They're trying to watch my innings for this year," he said. "They want me to stay in the rotation for all of September."

Captain Late: Drew Stubbs' game-winning homer in the 14th inning Tuesday was the latest homer hit by an Indian since Manny Ramirez hit a three-run homer in the 17th inning at the Kingdome on July 30, 1998 to break a 6-6 tie against the Mariners.

Finally: Ryan Raburn was out of the lineup again Wednesday with a sore right calf. "I don't feel quite as old today as I have," said Raburn with a laugh. Francona said he'd like to get by without using Raburn on Wednesday, but that he'd be available to pinch hit. Raburn has not been in the lineup since Sunday when he homered in his first at-bat. ... Corey Kluber (right middle finger) played catch Wednesday at 180 feet with the splint on his finger and 90 feet without the splint.

Teammates like Gipson's athleticism, confidence and knowledge of the position.

BEREA, Ohio – Tashaun Gipson has outlasted every challenge to his claim on the Browns’ opening at free safety except one – recent history.

Browns coach Rob Chudzinski named Gipson his starter on Wednesday, an announcement that marks a milestone moment for a 2012 undrafted free agent, but offers little in the way of job security.

Gipson will become the fourth opening-day starter at the position since 2010. If he retains the duty through Week 3, the Wyoming product will be ahead of Eric Hagg, who lost the job two games into last season, and is currently not on an NFL roster.

“When the news broke to me, it was just a relief that this grind and all the work this off-season and this summer has paid off,” Gipson said. “But at the same time, it (doesn’t) stop here now. Just because I’m named the starter, I don’t think nothing will change. I’m going to continue to grind like I’m fighting for my job every day.”

It’s a mindset that helped Gipson scale the depth chart a year ago and earn three late-season starts. This spring, he arrived in Berea confident in his ability to repel the challenges of Johnson Bademosi, Josh Aubrey and sixth-round draft pick Jamoris Slaughter, who’s returning from a torn Achilles suffered last season at Notre Dame.

The Browns would love to see Gipson grow into the position next to strong safety T.J. Ward, who’s been paired with five starting free safeties in the last three years. Both Ward and cornerback Joe Haden have strongly endorsed Gipson’s candidacy.

“I had no doubt the whole training camp,” Haden said Wednesday. “None of us really did because Tashaun (is) really, really comfortable at the position. He knows all the checks. He knows all the calls. He’s a really athletic player and he fits really well back there with T.J., myself, Buster (Skrine) and (Chris Owens). He really understands the defenses, and I really like playing with him.”

Gipson didn’t get beat deep a season ago, and has been solid in two preseason games. But he hasn’t made many big plays – one interception and one pass defensed – in his limited time as starter.

Haden believes the 5-11, 205-pounder possesses the requisite ball-hawking skills to play in Ray Horton’s defense. A season ago, free safety Kerry Rhodes intercepted five passes for an Arizona defense coordinated by Horton.

“I’m going to be all over the field if need be, whatever this defense calls for,” Gipson said. “Whether it’s blitzing, coming down making tackles, I’m not just going to limit myself to just being in that role. But it wouldn’t hurt to have a lot of interceptions.”

The Browns might finally have their starting tandem in placer Saturday night in Indianapolis against the Colts. Ward has missed the first two exhibition games with a hamstring injury, but he appeared in good form at Wednesday’s practice.

Gipson is eager to play with Ward, who he considers one of the NFL’s best strong safeties, and believes their skill sets complement each other. He’s not bothered by the fact Horton labeled free safety as a position of concern given the players’ lack of experience.

“Since I've been here . . . I've been having to prove myself to the coaches, the organization, people like that,” he said. “But that's nothing new and I'm definitely excited for this challenge. I definitely want Coach Horton to be 100 percent secure in my ability on the back end and he can definitely have confidence in my ability and confidence back there.”

Gipson learned he had been named starter Wednesday morning on Twitter and a team spokesman confirmed it moments before he met with reporters. He knows free safety has been an issue for the Browns and wants to be the one who closes the revolving door.

Gipson has been the prohibitive favorite to inherit the job since April, making Wednesday’s announcement anticlimactic. The real news will come a year from now if there’s no news on the problematic position.

The Indians completed a three-game sweep of the Angels. The win game them a 6-3 trip through Minneapolis, Oakland and Anaheim, Calif.

ANAHEIM, Calif. -- Nick Swisher and Justin Masterson double-teamed the Angels on Wednesday.

Swisher didn't want to see the Indians lose the momentum they created in Tuesday night's 14-inning victory. It would have been easy to do because Wednesday was the last game on a nine-game, 10-day trip.

Masterson went into Wednesday's start trying to give the bullpen as much of a break as he could. The relievers pitched 8 2/3 innings Tuesday night.

They each accompllished their goals as the Indians beat the Angels, 3-1, to complete a three-game sweep at Angel Stadium.

Swisher provided an early 2-0 lead with a two-run homer into the right-field bleachers against Jerome Williams. Mike Aviles added an insurance run when he scored from third on a wild pitch in the ninth by Dane De La Rosa.

"We wanted to come out and get this game," said Swisher. "After winning that 14-inning marathon, that's something you can rally around. We got guys who want to do that. We got guys in here who want to be in the playoffs and who are working hard to get there."

Masterson pitched into the seventh inning. He was not at his sharpest, walking five and give up five hits, but the big right-hander struck out seven and allowed just one run on 110 pitches.

It feels nice to be disappointed that I only went 6 2/3," said Masterson. "The goal, good or bad, is to get as deep as I can. This is one of those days where you need to do that. . .It worked out well.

It was the 16th time in 27 starts that he's pitched into the seventh inning. Relievers Rich Hill, Cody Allen and Chris Perez finished, with Perez collecting his 20th save.

• Angels-Indians boxscore | Scoreboard | Standings

"Masterson relishes this role," said manager Terry Francona. "He enjoys it."

Added Swisher, "He's our ace. He's our horse. That's what his job is. And I'm so happy I don't have to face him anymore."

The Indians finished this nine-game, 10-day trip through Minneapolis, Oakland and Anaheim with a 6-3 record. The Angels, with Mike Trout sidelined with a strained right hamstring and Albert Pujols done for the season with a foot injury, have lost 13 of their last 18 games.

It was the Indians' first three-game sweep in Anaheim since August of 1999. Overall they are 69-58, winning one more game than they did all last year.

"I knew that would eventually happen," said Masterson. "We're just working. We've got a real good team here. We've got something special going on. It's been that way since spring training."

Masterson (14-9, 3.51) reached the seventh with a 2-1 lead. He started the inning as if he was determined not to keep it.

He walked Andrew Romine and Peter Bourjos followed with a bunt single along the first-base line to end an 0-for-21 slump. J.B. Shuck sent a sacrifice bunt high off the plate as catcher Carlos Santana made a nice throw to the covering Jason Kipnis to retire Shuck on a close play.

Masterson came back to strike out Erick Aybar before making way for Hill, whose assignment was Josh Hamilton. Hill threw two quick strikes past Hamilton before the Angels DH sent a grounder between short and third. Third baseman Lonnie Chisenhall, playing off the line, made a diving stop and threw Hamilton out on a close play at first to end the inning.

"That was a nice play by Lonnie," said Francona. "It wasn't hit that hard, but he still had to dive. If the ball gets through, that's two runs."

Allen worked for the third time in the last four games, pitching a scoreless eighth despite allowing a two-out to Kole Calhoun.

Swisher gave the Indians a 2-0 lead in the third. It was his 15th home run of the season and second of the series. Michael Bourn opened the inning with a triple into the right field corner. Swisher's homer was his second two-run drive of the season against Williams.

"There are no tricks anymore," said Swisher. "It's just all about execution."

Bourn's triple was the third time in the first three innings that the Indians put their leadoff hitter on base. In the first or second inning, they could not get him home. In the first, Bourn reached on a single past first baseman Mark Trumbo. Santana sent him to third with a two-out double, but Michael Brantley lined out softly to short to end the inning.

Jason Giambi doubled to start the second, but his advance stalled at third. Williams retired Aviles on a pop to second, Chisenhall on a grounder to third and threw a called third strike past Drew Stubbs.

Masterson held the Angels scoreless through five innings, but they finally reached him in the sixth. Hamilton singled to left. After Trumbo lined out, catcher Hank Conger scored Hamilton with a double to right.

The Indians left the bases loaded in the seventh. Williams was removed after walking Stubbs with one out and Aviles on first following a leadoff single. Lefty Buddy Boshers relieved and struck out Bourn, but walked Swisher on four straight pitches. Kipnis sent a bouncer back to the mound that skipped off Boshers body and bounced to Romine at second base. Romine's throw to first was just in time.

Williams (5-10, 4.80) allowed two runs on six hits in 6 1/3 innings. He threw 102 pitches, 66 for strikes.

Barkevious Mingo's bruised lung requires careful analysis to rule out a more serious condition, say two thoracic surgeons.

BEREA, Ohio -- Barkevious Mingo's bruised lung could keep him out of football for months, considering he was spitting up blood and doesn't recall a sharp blow to the chest, two thoracic surgeons told cleveland.com Wednesday.

When the bruise heals, the Browns' rookie linebacker will likely have to undergo a battery of tests to rule out a serious condition.

"The fact that he's spitting up blood means it's not a minor contusion,'' Dr. Philip A. Linden, Chief of Thoracic Surgery at University Hospitals Case Medical Center, said. Linden has not treated Mingo. "There's something significant going on there.''

Linden said a bruised lung can take anywhere from two weeks to two months to heal, depending on the severity of the contusion.

"Two weeks might not apply in this case because of the coughing up blood,'' he said. "The most common situation we see with lung contusions is after a motor vehicle accident, where there are broken ribs. Even then, coughing up blood is unusual.''

Linden said it's unusual because bruises usually occur at the edges of the lungs and "to cough up blood, it's usually something more central going on.''

Dr. Clark Fuller, Director of Thoracic Surgery at Saint John's Health Center in Santa Monica, Calif., said he wouldn't plan on Mingo being ready for the opener Sept. 8 against the Dolphins. He agreed that the issue could -- and probably should -- take months to resolve.

Last week, Fuller said he'd keep Mingo sidelined for at least two to three weeks -- but that was before Mingo revealed the blood.

"The opener is in jeopardy -- and it should be,'' said Fuller. "You've got to make sure this isn't a warning flag for something more serious. Spitting up blood and being short of breath shows you how severe it was, and there's no apparent reason for it.''

Both surgeons are puzzled as to how Mingo was injured lung without a sharp blow to the chest.

"A pulmonary contusion would be very unusual without significant force, such as the force that you would have with a bad motor vehicle accident on the chest wall,'' said Linden.

So what would explain Mingo's injury?

"I don't have an explanation for that,'' Linden said.

Mingo experienced shortness of breath after covering the opening kickoff of Thursday's 24-6 victory over the Lions, but re-iterated Wednesday that he did not take a helmet to the chest. As the first quarter wore on, he found it increasingly difficult to breathe, and had blood in his mouth. He alerted the training staff, who quickly took him to the Cleveland Clinic Hospital, where they diagnosed the injury.

On Tuesday, coach Rob Chudzinski said of Mingo's estimated date of return, "basically, the bottom line with KeKe is nobody really knows.''

On Wednesday in the locker room, Mingo insisted he felt fine in camp until that first play against the Lions, suggesting the cause of his injury didn't happen in the preseason opener against the Rams or in practice.

"It happened in the (Lions) game,'' he said.

Linden said another cause for spitting up blood is a clot in the lung that can mimic a contusion, "but I assume they've done the tests to rule that out.''

Browns right guard Jason Pinkston suffered a blood clot in his lung last season. He missed the final 10 games and remained out of football activities for six months while on blood thinners.

Fuller said he'd also want to rule out a congenital condition, such as an arteriovenous malformation, or nodule on the lung, which can rupture and be very serious.

"You need to know why this young man bled,'' he said. "Otherwise there's a huge risk out there and it could happen again."

He said the fact it occurred after a 30- or 40-yard sprint is significant. "It could be something he was born with, or maybe he tore something in his lung,'' he said. "But exertion triggered this thing, and right now an investment in a couple of weeks is small change compared to this young man's life.''

Fuller stressed that the lack of an obvious trauma to the chest is the biggest reason to exercise caution. He said that in the case of Chargers receiver Eddie Royal, who suffered a bruised lung in practice last Friday, he came down hard on his back and also suffered a concussion.

"That was one plus one equals two,'' Fuller said. "Here, we've got one plus one equals we're not sure. It's really difficult to put together, and quite honestly it's a little frightening because we don't have a good reason why he started bleeding inside his lung. I think it really needs to be fleshed out before this guys goes back out onto the field.''

Mingo said Wednesday that he's felt great since since spending Thursday night at the Clinic and that his breathing is fine. But his doctors -- who saw him again on Tuesday -- aren't letting him run yet. During practice, he's getting tips from fellow linemen, including left tackle Joe Thomas.

"I'm good,'' he said. "I can always take this time to get the mental reps and go out there at practice and watch the guys do it the right way and in the meeting room get the corrections and whatever it may be to get better."

But Fuller cautioned that he wouldn't rely on Mingo's reports of how he feels and his eagerness to play.

"Him feeling well has zero input into the management of his case,'' said Fuller. "The least important thing to me is how he feels. These things are a big deal, and it needs careful investigation to make sure nothing will raise its ugly head in the future.''

Desmond Bryant and kicker Brandon Bogotay are out for Saturday night's preseason game at Indianapolis.

BEREA, Ohio - A transcript of Cleveland Browns coach Rob Chudzinski's comments to the media after today's practice in Berea:

Opening statement:

“To start off, (starting DL) Desmond Bryant and (K) Brandon Bogotay will be out for this week and will not play in the game. (DB) Chris Owens, (WR) Davone Bess and (LB) Jabaal Sheard all did not practice today. I held them out. They would be able to play in a regular-season game. They would be fine in a regular-season game. They will be questionable for the game; we’ll be smart with them and wanted to make sure we were smart with them today.

"As I said before, our starters are going to play into the third quarter. Obviously that remains to be determined. We will be flexible with that plan as well. As far as some of the guys that would potentially fill in, obviously at right guard, Oniel Cousins will start the game. At defensive end, Billy Winn will start for Desmond Bryant. As far as the other guys go, they are questionable. We will wait to see with them. (Rookie DB Leon) McFadden would be the (nickel) corner, (LB Quentin) Groves would be the outside linebacker, and (WR) Travis Benjamin, as well as (WR) Josh Cooper, would be the guys at receiver if Davone does not play. We’ve had a good week, going through the process this week of our mock week. Our approach on road trips is as a business trip and we will have that approach tomorrow as the guys come over. We’ll meet and get on the plane and head out for the game. Obviously this will be a good opportunity, as I have mentioned all week long, playing against a really good football team. We will get another chance to see where we are at and assess ourselves as a team.”

On Jabaal Sheard injury:

“It’s just a sore knee. Again he could have practiced and could play this weekend. In the regular season, it would be no doubt.”

On severity of Sheard’s injury:

“It’s just sore. Nothing happened in particular. It just started to get sore the last day or so.”

On Leon McFadden or Buster Skrine starting vs. Indianapolis at cornerback:

“Buster Skrine will start. But in our nickel packages, Leon would play if Chris (Owens) does not.” On Davone Bess injury: “He was a little sore the other day. He has a little bit of (knee) tendinitis. He could have practiced and for sure would have played in the game. We will wait and see how he is feeling on Saturday.”

On Desmond Bryant injury:

“He has been dealing with it before, the past few weeks. This is just a good time to rest him. He has got a lot of good work in. He will be ready for the first game, no concerns with that.”

On the speeding tickets of Josh Gordon and Greg Little:

“We take that seriously. It’s not acceptable. I have sat down with those guys individually and talked to them, and addressed that with them, and addressed the team.”

On whether players are taking the citations seriously:

“They are. They understand exactly where I am coming from.”

On any type of discipline:

“I’m going to keep all of those things internally. I have addressed it and we will handle it internally.”

On the citations being a distraction to the team:

“It’s part of the job; things come up that are part of the job. It’s not a distraction unless you make it a distraction.”

On what he told Little and Gordon:

“That it’s not acceptable. Beyond that, the details I’m not going to get into.”

On Little’s maturity:

“All of these guys are learning how to mature. We are working to build a locker room, a team and a foundation. Guys are accountable and that’s what being a Brown is about.”

On the players showing remorse:

“They did.”

On athletes feeling they are invincible:

“That’s on a case-by-case basis. All we are trying to do is build a team and a foundation based on accountability.”

On importance of how bad the citation was:

“I’m not going to get into the details, but I addressed and got into very specific details with him.”

On why Cousins is starting over rookie OL Garrett Gilkey:

“Oniel has more experience. Obviously he has been back in practice and has done well. Gilkey will get opportunities as well with the first group. We will just see how the game goes and try to get them a lot of reps.”

On Cousins and his ability to play guard:

“I would not say it’s anything physical. He has just not played the position very much. He’s played it a little bit. In the number of days he has the opportunity to do it, he has done well. I am anxious to see him as well.”

On having a veteran start over a rookie at guard:

“We just want to have a couple different options and see how those play out over the course of the next couple of weeks in the games.”

On whether Josh Gordon will still start:

“We are going to start the same guys we were planning on starting.”

On whether the citations of Gordon and Little will affect their playing time:

“As far as this game, no.”

- Compiled by Cleveland Browns media relations

Browns receiver Greg Little says he knows he put his own life and the lives of others in jeopardy by driving 127 mph in April, but he was caught speeding again Monday night, going 81 in a 60. Watch video

BEREA, Ohio -- Greg Little was contrite Thursday for driving 127 miles per hour and crashing his Audi in April, saying he knows it could've cost lives. But he did so after being cited for speeding again Monday night on I-71 in Strongsville -- going 81 in a 60 mph zone -- and for expired plates.

"It's obviously something that I've got to take very seriously and slow my speeds down and be cautious of others on the road,'' he said after practice. "I could have seriously put my life and other lives in danger."

According to the crash report, he was drag racing at about 2:47 a.m. on April 13, on State Route 176 near Spring Road, which is a 55 mph zone. Little struck a guard rail, hit a light pole and totaled his Audi. He also fled the scene of the accident, according to the report. Little was found guilty and paid a $350 fine.

For Monday night's violation, he's due in Berea Municipal court Sept. 4.

"It was really just a mindless effort on my behalf and just not thinking at all," he said, "just being careless of the laws in place on the roads and just not abiding by them."

He admitted he feels lucky to be alive after the April incident.

"Yeah, it was a pretty traumatic experience and it's something that I learned from and I'm just trying to move forward and just learn from it,'' he said.

Little isn't the only Browns receiver who has had a need for speed lately.

Josh Gordon, suspended for the first two games for violating the NFL's substance-abuse policy and already on thin ice with the Browns according to CEO Joe Banner, was caught traveling 98 in a 60-mph zone on Aug. 13, on I-71 near West 150th.

Gordon, who wasn't available today, drives a camouflage sports car and is hard to miss on the road. Sources have said the Browns aren't thrilled with the flashy car.

Gordon was also stopped on May 10 on West 25th for going 45 in a 25. He failed to appear in court, and a warrant was issued for his arrest. But it was canceled Aug. 16 and he is due in court Tuesday at 8:30 a.m.

Browns coach Rob Chudzinski addressed the incidents after practice.

"We take that seriously,'' Chudzinski said. "It's not acceptable. I’ve sat down with both of those guys individually and talked to them and addressed that with them as well as with the team.”

He said he found both to be contrite. He declined to say if he disciplined them, but both will start Saturday's game in Indianapolis.

"I addressed it and we’ll handle all of that internally,'' he said, adding that he made it clear such behavior won't be tolerated.

"All of these guys are learning how to mature,'' he said. "We're working to build a locker room and a team and a foundation of guys that are accountable, and that's what being as Brown is going to be about."

Little disputed the part of the police report that said he was drag racing.

“No. I guess that’s the testimony some witness gave,'' he said. "I’m not really sure particularly who, but there were no other cars on the road at the time.”

As for fleeing the scene, he said, "I called my Audi roadside assistance. They said a tow truck would be there within an hour. I went home within the hour and came back and that’s when the police had showed up.''

Asked what will change, he said, "slowing down.''

Chudzinski was asked if the playing time of Little and Gordon will be affected.

"As far as this game, no,'' he said.

Little, who's had four traffic violations in Cleveland since December of 2012, described what happened when he crashed back in April.

"It was just a pothole that burst my two back tires and that was it,'' he said, adding that he told police he was going 127.

He acknowledged that despite his work to become a better receiver -- including working overtime after practice and jumping in with defensive linemen to work on handfighting -- it can be overshadowed by off-field issues.

"As coach said, he talked to the team and said even how many good things you do, it could be one thing that can set you back and create a bad reputation for you,'' he said. "I'm trying to move forward so these things don't necessarily tarnish my reputation."

Little came to the Browns with baggage, having been suspended his final season at North Carolina for accepting improper agent benefits. Then, just months after he was drafted in the second round of 2011, it was revealed that he had accumulated 93 parking tickets on multiple vehicles with nine different license plates.

In addition to the two moving violations here since April, he had two other minor infractions involving license plates -- and he twice had warrants out for his arrest for failing to appear in court, including once after the high-speed crash.

"It's just a very careless effort on my part, not being cautious of when the court's dates are and just having that constant communication with my lawyer to pay the fines,'' he said.

He said he didn't think the ordeal would cost him playing time. "It was something that happened a while back,'' he said. "We've moved forward and I think I’ve been working hard and trying to continue getting better on the field.”

As for Gordon, his speeding citation comes not long after Banner said Gordon "knows that the rope that's left isn't long'' in regard to his suspension for testing positive for codeine.

Lake Erie yellow perch are keeping local anglers happy, with good catches this week off Cleveland Harbor.

CLEVELAND, Ohio -- The yellow perch fishing has been very good around many ports along the Lake Erie shoreline from Huron to Conneaut, including Cleveland Harbor. The walleye have been scattered west of Cleveland, but are schooled up between Geneva and Ashtabula. Catfish are still the stars of the inland lakes, where bluegill fishing is good and walleye, bass and crappie fishing is fair.

The Lake Erie temperatures are 70 degrees off of Toledo and 71 degrees off of Cleveland.

CLEVELAND AREA

The yellow perch bite has been very good off Cleveland Harbor, with the big schools in 43 to 48 feet of water around the Cleveland Crib and off FirstEnergy Stadium, Bratenahl and Wildwood Park. The walleye fishing has been mediocre, but some walleye are chasing tandem spinner rigs with night crawlers and minnow-style plugs in 24 to 31 feet of water off the Lakewood Gold Coast, the mouth of the Rocky River and Avon Point.

A midge hatch had slowed the perch fishing for a couple of days, but perch are back to feasting on emerald shiner minnows. Minnows had been in short supply at many shops because the baitfish are tough to net after dark under a full moon.

Steelhead trout are starting to stage in small numbers off the Rocky River. The fishing in Cleveland Harbor has been slow. The smallmouth bass fishing has blossomed in 12 to 16 feet of water around shoreline rock piles and drop-offs, with drop-shot rigs baited with plastic minnow-style baits like Gulp Minnows a popular choice.

CENTRAL LAKE ERIE

The walleye fishing east of Cleveland has been excellent in 72 feet of water north of Ashtabula and Conneaut, and good in 72 feet of water off the Perry Power Plant. Most walleye have been suspending 10 to 12 feet off the bottom. Some anglers are heading out before sunrise to tempt walleye more actively feeding closer to the surface. Spoons and diving plugs in pink, purple or shad colors have done best. Many anglers are trolling with Dipsy Divers and wire line to reach deep-water walleye.

The walleye bite has been fair to good around the dumping grounds north of Lorain and at the north end of the Lorain Sand Bar. After a slow stretch, walleye fishing around the weather buoy north of Vermilion on the Ohio-Canada border has picked up again.

The yellow perch fishing is very good northwest of Fairport Harbor in 52 to 57 feet of water, and northeast of both Geneva and Conneaut in 52 to 62 feet of water. Smallmouth bass are being caught east of the bubble off the Perry Plant on drop-shot rigs with soft plastic baits and with live crayfish and tube jigs. Steelhead trout are already jumping around Fairport Harbor and lots of small white bass, but few large ones, are being taken in the harbor. Out on Lake Erie, big white bass have been plentiful, as well as a nuisance for anglers trolling for walleye and steelhead trout.

WESTERN LAKE ERIE

Walleye fishing was best around Kelleys Island Shoal, L Can, Toussaint Reef and northwest of the Bass Islands area near the Ohio-Canadian border. Trollers have been catching fish on tandem spinner rigs and night crawlers, minnow-style plugs and medium-sized spoons. Drifters are casting mayfly rigs or weight-forward spinners tipped with nightcrawlers.

Yellow perch fishing has been fair north of Port Clinton, north of the navigation buoy off Catawba Island, near Niagara Reef, D Can, C Can, east of the Kelleys Island airport and around the dumping grounds in 38 to 39 feet of water between Marblehead and Cedar Point Amusement Park.

RIVERS AND STREAMS

Catfish have been hard to catch in the Lake Erie tributaries, but some smallmouth bass are being taken from deeper pools on tube jigs, jig-minnow rigs and crayfish.

INLAND LAKES, RESERVOIRS

The walleye fishing has been just fair around Mosquito and Pymatuning reservoirs, with most anglers targeting deeper waters with Hot-N-Tot plugs or spinner rigs and night crawlers. Crappies, nice bluegill and some yellow perch are biting at Pymatuning along the causeway, and around shallow weed beds. Mosquito bluegill are biting on waxworks and small minnows. Night and daytime fishermen are taking lots of catfish everywhere on chicken livers, chunks of beef liver, cut shad, night crawlers and processed blood baits.

The spillway below Pleasant Hill Reservoir is giving up a mix of saugeye, white bass, crappie and bluegill.

The bass fishing has been mediocre, but decent catches have been reported at LaDue, Mosquito and Wingfoot lakes. Anglers are targeting weed bed bass bass with topwater frogs early and late in the day, and casting plastic worms and lizards along the shorelines around weed beds during the day.

Ubaldo Jimenez gets the ball Friday night for the Indians to start a three-game series against the Twins before the team hits the road again next week against Atlanta and Detroit.

Jason Kipnis is hitting .447 (21-for-47) with three homers and 18 RBI against the Twins this year.Chuck Crow, The Plain Dealer

CLEVELAND, Ohio -- The Indians open a three-game series Friday night against the Twins at home before hitting the road for a seven-game trip against Atlanta and Detroit.

Where: Progressive Field.

When: Friday through Sunday.

TV/radio: SportsTime Ohio; WTAM AM/1100, WMMS FM/100.7

Pitching matchups: RHP Samuel Deduno (7-7, 3.82) vs. RHP Ubaldo Jimenez (9-7, 4.00) Friday at 7:05 p.m.; RHP Liam Hendriks (0-1, 3.94) vs. LHP Scott Kazmir (7-6, 4.39) Saturday at 7:05 p.m. and RHP Mike Pelfry (5-10, 5.19) vs. RHP Zach McAllister (6-7, 3.59) Sunday at 1:05 p.m.

Season Series: The Indians lead the Twins, 7-5. The Indians lead, 384-366, overall.

Twins update: They've lost seven of their last 11, but just took two out of three from the AL Central-leading Tigers. They're hitting .229 against the Indians this year with Oswaldo Arcia (.303, one homer, six RBI) and Trevor Plouffe (.283, three homers, nine RBI) performing well. Deduno is 0-2 and Pelfry 1-0 against the Tribe this season.

Indians update: Just ended a 6-3 trip, which began against the Twins. The Indians are hitting .239 against Minnesota, but Jason Kipnis is at .447 (21-for-47) with three homers and 18 RBI. Kazmir is 2-0 and McAllister 1-0 against the Twins.

Injuries: Twins: C Joe Mauer (concussion) and Tim Wood (right shoulder) are on the disabled list. RHP Deduno (sore right shoulder) and OF Arcia (left wrist) are day to day. Indians: RHP Corey Kluber (right middle finger), C Lou Marson (right shoulder), RHP Brett Myers (right elbow/forearm), RHP Josh Tomlin (right elbow) and RHP Frank Herrmann (right elbow) are on the disabled list. OF Ryan Raburn (right calf) is day to day.

Next: The Indians open a seven-game trip Tuesday with a three-game series against the Braves at Turner Field.

Texas native Mickey Mitchell is a 6-8 wing player in the Class of 2015.

COLUMBUS, Ohio – The Mitchell family, based in Texas, may have to look for an apartment in Columbus.

After son Mike committed to Urban Meyer and the football program last year and is now working as a freshman linebacker with the Buckeyes, younger son Mickey gave his pledge on Thursday to the OSU basketball team.

Mickey is a 6-foot-8, 245-pound junior who will be part of Ohio State's 2015 class. He's ranked as the No. 15 player in his class by Scout.com and No. 31 by ESPN.com.

Asked what his younger son's best position is, Ken Mitchell, a former NFL player, said, “Quarterback.”

The two-sport star will stick with basketball for the Buckeyes though. He was also being recruited as a football player, and started at quarterback for Prestonwood Christian High School as a sophomore last year. But he tore his ACL in a November game and missed the rest of football season and basketball season. He transferred to Plano West High School this year.

Mickey Mitchell is at Ohio State on an unofficial visit, hanging out with his brother, and he decided to make the decision about his own future.

"He's still there on his visit. I don't know if he's coming back," Ken Mitchell said with a laugh.

Ken Mitchell said the brothers are close, two of the nine Mitchell kids, most of whom play sports, and all of whom have names starting with M - Missi, Mandi, Monte, Matt, Michelle, Mike, Mickey, McKinley and Morgan.

“Mike was not the deciding factor,” Ken Mitchell said of Mickey's decision. “But it's that extra gift. He got up there and realized the legend of Ohio State and what the basketball program has done, and the educational system and how much Mike loves it up there while he's working his tail off."

Despite his size, Mickey Mitchell is used to handling the ball. He likes to dunk, as you can see, but he's a good passer for his size as well. The Buckeyes have four pledges for the Class of 2014 and now Mitchell is the second for 2015, joining Dayton point guard A.J. Harris.

Kosar's Wood-Fired Grill is to be part of a complex that also will include 2,300 video lottery terminals, or slot machines, a small concert hall and a Hard Rock Cafe.

Crews work on an entertainment and gaming complex at Northfield Park in July. The project is to be finished by December.Thomas Ondrey/The Plain Dealer 

NORTHFIELD, Ohio -- Former Cleveland Browns quarterback Bernie Kosar will lend his name to a restaurant at the entertainment and gaming complex under construction at the Northfield Park harness track.

The restaurant will be named Kosar's Wood-Fired Grill, the Akron Beacon-Journal reported Thursday.

Hard Rock International will operate the $265 million complex, which will feature 2,300 video lottery terminals, or slot machines, a small concert hall and a Hard Rock Cafe. The venue is to open in December.

Kosar formerly was affiliated with Bernie's Steakhouse, a Florida restaurant that closed in 2008. He was to be involved with a steakhouse as part of development on the Flats East Bank in Cleveland, but the restaurant project did not go forward.

Monsters open the season at home on Oct. 4 against Abbotsford.

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The Monsters open the season on Friday, Oct. 4 at the Q against the Abbotsford Heat at 7:30, the first of 15 Friday home games. The Monsters also finish the season at home and play five of their final six games at the Q.

Other highlights on the schedule include the "School Day Game" on 10:45 a.m. on Feb. 25 and the "Pink the Rink" night on March 21.

Ohio's duck and goose hunting seasons were approved on Wednesday night by the Ohio Wildlife Council. The liberal hunting dates contained only minor changes for the upcoming seasons.

The Ohio Wildlife Council approved a 78-day goose hunting season for 2013-2014 that begins Oct. 12 in the Lake Erie Marsh Zone. D'Arcy Egan, The Plain Dealer

The Ohio Wildlife Council put its stamp on Ohio Division of Wildlife recommendations for the waterfowl seasons on Wednesday night in Columbus. With the U.S. Fish and Wildlife Service giving Ohio the green light once again for the most liberal duck seasons it allows, Ohio duck hunters will enjoy a 60-day season with an overall daily bag limit of six ducks. The 78-day goose season offers a daily bag of three geese.

The duck and goose seasons begin Oct. 12 in the Lake Erie Marsh Zone. In the North Zone and South Zone the seasons begin Oct. 19. Ohio has split seasons, and there is a reconfiguration of the South Zone.

"We listened to hunters who wanted to extend the first split from nine to 16 days," said Waterfowl Supervisor Mike Ervin at the Olentangy Research Unit. "They wanted more of an opportunity to hunt locally-grown mallards and wood ducks."

There is also a realignment of the youth waterfowl season. A new statewide youth season is Oct. 5-6, replacing a late September weekend in the North Zone and a late November weekend in the South Zone.

Ohio's Canada goose season could change soon. Ervin said the growing flocks of Ohio geese could stand a little more hunting pressure. He expects the USFWS will allow an expanded Ohio goose season in the coming years.

Ohio's duck dates are: Lake Erie Marsh Zone, Oct. 12-27 and Nov. 9-Dec. 22; North Zone, Oct. 19-Nov. 3 and Nov. 30-Jan. 12; South Zone, Oct. 19-Nov. 3 and Dec. 14-Jan. 26. The goose dates are: Lake Erie Marsh Zone, Oct. 12-Oct. 27 and Nov. 9-Jan. 9; North and South Zones, Oct. 19-Nov. 3 and Nov. 30-Jan. 30.

Bag limit changes include a decrease in bluebill, or scaup, to three per day and an increase in the canvasback bag limit to two per day.

Young walleye plentiful: Fishing guide Marv DeGreen of Evil Eye Charters reports a surprising number of small Lake Erie walleye have been caught in recent weeks. "We've been releasing quite a few two-year-old walleye in the 14-inch class and year-old walleye now about 8 inches in length," said DeGreen. The walleye length limit on Lake Erie is 15 inches.

Fisheries biologist Travis Hartman of the ODOW Sandusky Research Unit said the August netting surveys of this year's walleye hatch should be complete soon. The numbers will be crunched and the results announced in September. Hartman said this year's spring walleye spawning season wasn't a bust, but biologists didn't see enough small walleye to be overly optimistic.

Hot scoop on walleye: Lake Erie walleye fishermen can get inside tips on local tackle and techniques at Saturday's weigh-in for the Eric Lewis Memorial Walleye and Perch Tournament held by Erie Outfitters in Sheffield Lake. The 3:30 p.m. weigh-in is at the old Post Office in the Sheffield Lake Shopping Center, said Craig Lewis. More than 50 three-angler squads have entered.

Squirrel stew on tap: Squirrel hunting has been a tradition around Ohio for many decades, and hunters roaming the Buckeye woods will again have a lot of opportunity. The season begins on Sept. 1 and runs through Jan. 31. Squirrel hunting is closed during the deer gun season on Dec. 2-8.

Big fish gets lift: The National Trout Memorial in Kalkaska, Mich. got a big lift from Fortis Energy Services, which is in the oil and gas business in Ohio and around the country. With the Kalkaska downtown area being revitalized, the fountain containing the memorial was also restored. Help was needed to get what is locally called the Fisherman's Shrine or just The Big Fish back on top of the monument. Fortis Energy Services donated the manpower and a boom truck to the cause, and the 57-year-old monument to trout fishing is again the centerpiece of Kalkaska.

Watch as Mary Kay Cabot and Tom Reed discuss the 127 mph and 98 mph speeding tickets of Greg Little and Josh Gordon. Also, Little talks about it after practice. Watch video

 BEREA, Ohio -- Cleveland Browns beat writers Mary Kay Cabot and Tom Reed discuss Greg Little's and Josh Gordon's speeding tickets.

Little was sited for driving 127 miles an hour and crashing his car in April on State Route 176 in Cleveland.  On Monday, he received another ticket for going 81 in a 60 mph zone on I-71 in Strongsville.

Gordon was stopped for going 98 mph on I-71 in Cleveland on Aug. 13.  He was sited again on May 10 on West 25th Street for going 45 in a 25.

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Court now expected to decide in September on request to depose Pilot Flying J's Jimmy Haslam

CLEVELAND, Ohio -- A Tennessee judge has given Pilot Flying J until next Friday to respond to a lawsuit filed by trucking companies that claim Pilot defrauded them of diesel fuel rebates.

Knox County Circuit Court Judge Harold Wimberly did not immediately rule on a request by attorneys for Atlantic Coast Carriers and three other trucking companies that they be allowed to take the sworn deposition of Pilot CEO Jimmy Haslam and other Pilot officials.

Wimberly told attorneys for Pilot and the trucking companies today that he will hold a conference in the second week of September to talk about how to proceed with the case.

Pilot attorney Albert Harb had asked Wimberly to stay discovery in Atlantic Coast's lawsuit until a November fairness hearing in Arkansas on Pilot's proposed class settlement of claims by customers that are owed rebates and discounts on fuel purchases at Pilot service plazas.

Pilot spokeswoman Rachel Albright said by email "The judge heard arguments today and took discovery under advisement. We look forward to filing answers to the complaints and visiting with the judge again in early September."

Drew McElroy, who along with Mark Tate represented the trucking companies in Knox County Circuit Court, said the requirement that Pilot provide an answer to Atlantic Coast's lawsuit moves the case forward and "increases the likelihood of a deposition by not shutting the door on it. Pilot wanted it shut down completely. We wanted it wide open."

Harb, Pilot's lawyer, said Pilot looked forward to responding to the complaint, adding "We believe that the settlement that was reached by Pilot and other plaintiffs in the class action is fair to all parties."

McElroy said discovery would shed light on National Retail Transportation Inc., which spearheaded negotiations with Pilot on the proposed class settlement. National Retail Transportation was incorporated in Arkansas a week after federal authorities raided Pilot headquarters in Knoxville on April 15.

McElroy has called National Retail a "shell" corporation that never bought a drop of diesel from Pilot. A Pilot spokeswoman earlier this week said the truck stop chain had no involvement with National Retail's formation.

Seven former Pilot employees have so far pleaded guilty to fraud charges in the government's investigation into claims that Pilot cheated customers.

Haslam, owner of the Cleveland Browns, has said he had absolutely no knowledge of any wrongdoing by employees of his family-owned business, and he's vowed to pay customers anything they're owed in fuel shortages, plus interest.