Chalk Up More Wins For SEMO.net in Court!
Today we were back in court because the city filed 3 more motions against us.
Motion one, Wally withdrew because we had not received it.
Motions two and three the judge denied on the spot.
I stopped counting how many times Wally made a statement to the judge, I walked up and handed my attorney paperwork which showed Mr Duncan was not fully aware of the facts.
Duncan: Appendix “C” of the Municipal Utilities Manual doesn’t apply to this situation
we hand the judge the policy with a highlighted section which states the process is for “All situations” regarding payments and billing
Duncan: The dispute policy only applies to residential customers
we hand the judge minutes from a Municipal Utilities Board meeting which extends the policy to business & industrial customers
Duncan: The dispute policy has clearly defined steps which weren’t followed by Mr. Becker & SEMO.net
we hand the judge seven dispute letters, a letter of appeal and Mr Bach’s responses
Duncan: We did have a dispute hearing set but SEMO.net requested to delay it
we hand the judge an email from the CITY’s attorney, Carl Lumley, asking if the dispute hearing could be delayed; and an email where we accepted the delay as long as the hearing could be rescheduled if either party requests
Duncan: Well, they never requested that we reschedule hearing
we hand the judge an email to Lumley requesting the dispute hearing be re-instituted
we hand the judge a letter from Becker to Bach asking for the dispute hearing to be re-instituted
Duncan: The city has exhausted its administrative remedies
we hand the judge the line in the policy which shows the city can only make that claim if they follow ALL the steps in the policy manual (which Duncan already admitted they hadn’t)
Another great day in court!!! Jury trial has been rescheduled for June 6 & 7.
The quote of the day HAD to be from Judge Ligons,
“It’s a difficult and complicated case, Mr Duncan, I suggest you prepare for that.”