Thursday, February 22, 2007
Countersuit
I'm still working my way through Tom Dimmick's counter to the Mateel's request for a preliminary injunction.
The short version: the "opposition" flips the Mateel's allegations, saying that the Mateel can't prove it's case, that the suit "has no hope for success on its merits," and that rather than the People Productions interfering with the Mateel's plans to produce a reggae festival in August, it's the other way around.
Dimmick contends that the Mateel breached its lease agreement by firing Carol Bruno who was still performing her duties as producer of Reggae on the River. Proof? Exhibit A is an e-mail dated Dec. 27, 2006, sent by Bruno to Mateel E.D. Taunya Stapp letting her know she was ready to submit the wrap-up report on Reggae 2006 to the county planning commission. This was "the day before Mateel purported to terminate the agreement."
"Accordingly, Mateel's continuing public statements that it proposes to hold an event on land it no longer has the right to occupy, along with its new producer's efforts to hire acts that are likely performers as an event Mr. Dimmick is fully entitled to hold on his own property, constitute tortious interference with Mr. Dimmick's economic advantage and unlawful obstruction of Mr. Dimmick's efforts to mitigate his damages from Mateel's breach of the lease. Mr. Dimmick fully intends to recover any and all resulting damage from Mateel."
There's a lot more, basically saying that the Mateel's suit has no merit. Dimmick concludes by asking the court to deny the Mateel's request for a temporary restraining order or, in the event that a TRO is issued against People Productions plans for Reggae Rising, to require that the Mateel post a $250,000 bond to cover possible losses in the case the TRO is later reversed.
The short version: the "opposition" flips the Mateel's allegations, saying that the Mateel can't prove it's case, that the suit "has no hope for success on its merits," and that rather than the People Productions interfering with the Mateel's plans to produce a reggae festival in August, it's the other way around.
Dimmick contends that the Mateel breached its lease agreement by firing Carol Bruno who was still performing her duties as producer of Reggae on the River. Proof? Exhibit A is an e-mail dated Dec. 27, 2006, sent by Bruno to Mateel E.D. Taunya Stapp letting her know she was ready to submit the wrap-up report on Reggae 2006 to the county planning commission. This was "the day before Mateel purported to terminate the agreement."
"Accordingly, Mateel's continuing public statements that it proposes to hold an event on land it no longer has the right to occupy, along with its new producer's efforts to hire acts that are likely performers as an event Mr. Dimmick is fully entitled to hold on his own property, constitute tortious interference with Mr. Dimmick's economic advantage and unlawful obstruction of Mr. Dimmick's efforts to mitigate his damages from Mateel's breach of the lease. Mr. Dimmick fully intends to recover any and all resulting damage from Mateel."
There's a lot more, basically saying that the Mateel's suit has no merit. Dimmick concludes by asking the court to deny the Mateel's request for a temporary restraining order or, in the event that a TRO is issued against People Productions plans for Reggae Rising, to require that the Mateel post a $250,000 bond to cover possible losses in the case the TRO is later reversed.
Comments:
<< Home
I wonder if we can see that email in the right context. Are there more emails attached? What came before that one and after?
There was a second e-mail from Meeka with a seperate attachment that did not work, apparently another part of the Dimmick response. She resent it the next day in another form -- I have not read it yet. (I actually have a life and much work to do outside of Reggae and this blog.)
Post a Comment
<< Home