Tuesday, August 16, 2022

Judge Tells City & Richard's to Work It Out

 U.S. Magistrate Michael Parker is knocking heads together in the Richard's Disposal lawsuit against the city of Jackson.  Judge Parker ordered the city of Jackson and the Crescent City company to engage in good-faith settlement negotiations before a scheduled settlement conference on August 26.  The order states: 

The settlement conference scheduled for August 26, 2022 at 9:00 a.m. in Courtroom 6C, United States Courthouse, 501 E. Court Street, Jackson, Mississippi will be held under the following terms and conditions.

1. PRIOR SETTLEMENT NEGOTIATIONS REQUIRED. The settlement conference is not a vehicle to facilitate the commencement of settlement negotiations. By not later than August 22, 2022, the parties must have exchanged at least one written settlement demand and one written settlement offer. The parties must employ these discussions with the intent that the case actually be settled, if possible, without court participation. In other words, the parties and their counsel have an affirmative, good faith duty to take settlement discussions as far as reasonably possible without the assistance of the court.

One question to consider is who will represent the city? Richard's Disposal sued the city.  However, the City Council filed a motion to intervene that is opposed by the Mayor Chokwe Antar Lumumba. 


Synopsis

Richard's Disposal has collected Jackson's garbage since April 1 after Waste Management's contract expired.  The Jackson City Council rejected Mayor Chokwe Antar Lumumba's recommendation to hire Richard's Disposal after completing the RFP process.   Richard's Disposal had the lowest bid for twice a week service but customers would be forced to purchase a 96-gallon garbage cart.   Waste Management had the lowest bid for twice a week service but without the garbage cart requirement, but the bid was still higher than the Richard's Disposal bid with the garbage cart requirement.   The City Council did not want to impose such a requirement on Jackson residents so it rejected the recommendation.  

Mayor Lumumba declared a state of emergency and awarded a one-year no-bid emergency contract to Richard's Disposal.  However, the City Council rejected the contract but Mayor Lumumba  vetoed the rejection.  The veto fight went to court and Special Chancellor Larry Roberts vetoed the Mayor's veto, thus upholding the Council's rejection. 

The City Council formally notified Richard's Disposal on March 31 the Council would not pay the company for picking up garbage since it did not have a contract to do so.

Richard's Disposal continues to collect the garbage.  The emergency no-bid unapproved contract states Jackson will pay $808,035 per month.  However, the Council rejected Richard's Disposal's claim for payment since it rejected the emergency no-bid contract.  

Attorney John Walker represents the Crescent City company.  

The complaint recites the basic facts of the case but omits the notification that the City Council would not pay for the plaintiff's services.  However, the company points out a little passage in the Council's veto lawsuit: 

the City Council" recognizes the public health implications of garbage pickup during the duration of this matter, and Plaintiff, therefore, asks that the status quo continue with regard to the provision of garbage pickup service during this time of self-declared crisis. (p.6, paragraph 17 of Council complaint)

The plaintiff says a claim for $808,035 was presented to the Council on May 24 but the Council removed it from the claims docket on a 5-2 vote.  

Richard's Disposal argues it collected the garbage under the terms of the unapproved emergency no-bid contract and should be paid for the work.  The city owes $1,616,070 to the plaintiff.  The complaint accuses the city of unjust enrichment.  

The company asks the court to award $1,616,070, interest of 1.5% per month until payment made, and attorney's fees. 

The City Council filed a motion to intervene on July 29, arguing the City Council and Mayor have competing interests.  The Council said it had an interest in the case since it did not approve a "valid contract" with Richard's Disposal, thus no contract was not spread upon the minutes as required by law.  The motion states: 

 There are competing positions between the Mayor and the City Council, as evidenced by legal disputes in the Circuit and Chancery Courts of Hinds County, Mississippi, that could impair the City Council’s interest in this dispute if it is not allowed to intervene and defend its position in this action.

However, the Council did not stop with a motion to intervene but filed a crossclaim against Mayor Lumumba.  The crossclaim states: 

IT IS FURTHER REQUESTED respectfully that this Court grant the City Council’s Crossclaim against the Mayor as his actions resulted in the monetary loss to the Plaintiff and as the Mayor should be responsible for making the Plaintiff whole. It is further respectfully requested that this Court find that the Mayor committed Civil Conspiracy which resulted in the damage claimed by the Plaintiff.

The case is assigned to U.S. District Court Judge Kristi Johnson.

 

42 comments:

Anonymous said...

Chaos and Organized Crime make good theater.

Anonymous said...

Basic City Services
1. Water/Sewer
2. Sanitation
3. Public Safety

The Jackson Fire Department hasn't made the news in a while but its coming. Hopefully they have no major fires because if they do the fire hydrants probably don't have enough pressure to fill a truck.

Anonymous said...

Send the bill to the mayor. He went around the city council. He should pay for it. And it’s shocking the city council hasn’t tried to do something to prevent this from happening again.

Anonymous said...

Lawyers can only do so much representing their clients.

In this matter, the clients behavior is so antithetical to good faith that it makes filing complete pleadings impossible.

Richard’s should be awarded nominal damages and the mayor should have to pay the legal fees.

The money saved by the council should be used for strippers ….at least it will help some one

Krusatyr said...

'...the City Council "recognizes the public health implications of garbage pickup during the duration of this matter, and Plaintiff, therefore, asks that the status quo continue with regard to the provision of garbage pickup service during this time of self-declared crisis. (p.6, paragraph 17 of Council complaint)" '

A previously Council-approved but temporary "status quo" agreement had existed with WM, but had expired. WM offered to extend it. No such offer or agreement existed with Richard's Disposal. Note that the above quote from Council statement does not name which company it intends for "status quo" garbage pickup, therefore a piss poor argument for Richard's to cling to for payment of unapproved work.

Anonymous said...

I've said it a million times. Focus on the basics:

Schools

Crime

Infrastructure (water,sewer, garbage, streets and drainage, etc.)

Any city that focuses on the above will succeed. Because everything else will fix itself. If the above is well managed, then businesses move in, nice families move in, etc.

Anonymous said...

The mayor is the one that brought Richard's into the city. He should be the one to pay for his bad decision. Of course that is racist so no one will accept that. The mayor will continue with even more bs.

That'sMisterDeplorableToYou said...

Growing up out in the boonies, we had a barrel behind the house for burning the trash. About twice a month, a trip in the pickup was made to the county dump to get rid of the stuff that couldn't be burned. Maybe Jackson residents could adopt this approach.

Anonymous said...

As a settlement offer, Council should offer to bill the Mayor personally for the services he ordered "Letter to Proceed" without Council approval.

Anonymous said...

All part of mayor’s plan. Jail, schools, water, streets, crime screwed up but garbage OK. Mayor felt need to step in and screw that up too. He’s got to get an award on making the city follow a consistent vision.

Anonymous said...

The mayah could screw up a one car funeral.

A good leader requires having humility, and the mayah seems to be totally lacking this quality.

He used the bully pulpit of a vague judicial decision, in an attempt to ram his will down the throats of the city council. Which required the city council to respond with its own lawsuit in defense of the council's authority.

A good leader would have sought compromise, but not the clown mayah. He acts as if his hands are clean in this ridiculous matter. The only ones coming out smelling like a rose are the lawyers.

Anonymous said...

@12:15pm
One of my grandmothers had a very large corner lot in a small town where most kitchen garbage was buried and tilled into the 20' X 40' (+/-) vegetable garden. The rest was burned in a used steel oil barrel with an expanded steel cover to hold in the sparks.

She occasionally paid to have an unmanageably large load hauled off.

Anonymous said...

Let the City Council pay the contract fees & Mayor can pay the 1.5% interest out of his personal salary since Mayor violated laws & ran shotgun over the Council & taxpayers. Seems fair to me!

Anonymous said...

If I am sitting on the council, my good faith is listening to a settlement proposal. I am not voting on a settlement. Let the judge order you to pay. That is the only CYA you have.

Anonymous said...

Am I understanding that Richard's has performed collections since April and has received no payment? My trash has been collected, and I am happy to pay someone for it. But Mr. Arrogant Mayor needs to step aside and allow our Council to attempt to rehire WM.
I do however have a problem with paying excessive and incorrect amounts for water that I cannot drink.

Anonymous said...

I hope Richards isnt paid a damn dime-

Anonymous said...

I hope Richards is paid many dimes.

Straight from Chuckie's own Atlanta party funds.

Anonymous said...

Prediction: Richards will submit request for payment to Council. Council will rebuff. Then off to trial.

Anonymous said...

pay 'em in turbids

Anonymous said...

Work out/settle an illegal contract? Heads should roll.

Anonymous said...

If Council pays RD even half of what they want, the Council will get cuck-punked by the mayor repeatedly and by every self appointed contractor/vendor/hustler out there, over and over, going forward.

It's past time to show Lil Choke for the failed marxist goof he is. In any proposed RD settlement, Council ought only offer to send a request for RD payment to the mayor for his personal remittance.

Plus Council should put a moratorium on mayor's expense-paid junkets out of town. Demand his fly-abouts be on his time, his dime.

Make the little b*st*rd culpable and miserable.

Anonymous said...

Speaking of the mayor, where is his sorry ass? A leader would give frequent, even daily, updates on the water and sewer conditions. And about that building at OB Curtis for freezing temperatures, what does that have to do with mixing the chemicals, turbidity, etc? Nothing.

I really dislike this mayor. He sucks.

Anonymous said...

Chowke can still veto the magistrate judge's directive, right? Just ask him, right?

Anonymous said...

Chowke's salary should be garnished to pay Richard's, right? Throw in his gated home to accelerate his payments.

Anonymous said...

2:25 for the win.

2:42 for a narrow second. At the Ward 2 meeting, the Mayor/entourage arrived late and included a cheerleader who responded to every “right, right?”. Other cheerleading including the mayor misquoting and bashing the Governor, Legislature and various surrounding areas (he made sure to name drop Mary and Gary as calling him and supporting him on the trash dispute.

He’ll veto and appeal and pontificate and hissy fit and go vindictive. Anything other than actually working for the greater good. He ain’t just a failed Marxist.

Anonymous said...

I don't know how these legal procedures work.

I know the July 29th motion by the Council is assigned to U.S. District Court Judge Kristi Johnson, but my question is: who is U.S. Magistrate Michael Parker, and how did he come on the scene in this scenario? And what good does it do for him to tell the parties to "work it out? They haven't even gone before him (how ever he worked into this process). Is he just acting as a mediator to try to prevent it from getting to Judge Johnson?

Anonymous said...

@2:42 PM
Right! Right?

Anonymous said...

Totally agree with 2:25, except I believe the council should offer the mayor’s kneecaps as payment in full for garbage collection services rendered.

The council cannot issue taxpayer money to a contractor that had no contract, especially after warning said contractor of the same. That’s a really dangerous precedent, if not illegal.

Anonymous said...

Hizzoner will be Mayor for as long as he wishes or his buddies in Organized Crime wish him to.

Anonymous said...

It happens in most cases in federal court. It's allowed by local court rules. There's a magistrate judge assigned to every case in federal court. They handle discovery issues and generally handle the settlement conference.

Anonymous said...

12:09 - its the ICE strategy

Infrastructure
Crime
Education

There isn't a place in the country that has all three doing well that isn't a desirable place to live.

Anonymous said...

Short version:

Magistrate handles most pretrial procedures and motions. In federal court, there is usually a pretrial conference where some arms are twisted to settle. Encouraging settlement is standard operating procedure.

Anonymous said...

"we had a barrel behind the house for burning the trash....Maybe Jackson residents could adopt this approach."

That's a LOT of fines to individual residents for illegal burning.

Anonymous said...

@2:42 PM here. Thank you. I'll be here all afternoon. Tip your waiter, err, KF.

Anonymous said...

12:15, we did also and never complained! But in todays time and scenario n how do you load garbage onto a Jatran Bus? I'm asking for a friend.

Ex Jackson Resident said...

An unapproved contract does not deserve to be paid. Richards was told in advance. WM needs to be rehired in my opinion.

Anonymous said...

By what authority does a judge instruct parties to enter into settlement negotiations when one party disputes having liability? Just where does a judge ever find the authority to instruct parties to settle a suit at all?

I Know...Getchur Own Blog said...

Kingfish: Thank you so much for adding all the background information above. It's only the nineteenth time you've posted all that blab. Do you really think a single soul read it? There came a time, months ago, when every reader simply tuned out all this, ah...garbage.

Anonymous said...

August 17, 2022 at 7:44 AM, what position do you hold on the mayah's staff? Is he as arrogant in private as when he is in public?

Anonymous said...

What a shitshow........

Anonymous said...

If a fiction writer pitched this real life Jackson saga to a publisher they would be laughed at for such an unrealistic proposed scenario.

Yet its real life for Jackson residents.

Good luck, guys. You'll need it.

Anonymous said...

Thinking back to the national coverage and collective rage over the alleged nooses around the Capitol, compared to the lack of concern from almost anyone in national media outlets regarding the water, roads and garbage is proof that our society is broken. Those things should matter so much more and impact the lives of so many. And the vitriol should not be toward Tater (on this subject anyway).

But the majority citizenship is no longer held by people with common sense or even an average IQ.
And while we peasants fight these pointless wars and attempt to get a degree in Social Justice, our leaders are free to lie, cheat and steal.

Hence, Jackson.


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