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July 13, 2017     Lovell Chronicle
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July 13, 2017
 

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July 13, 2017 I The Lovell Chronicle 1 7 motion to BY IOfNLISMm-I Edwards used to provide Joe and Barbara Camp- legal counsel to TCT before bell along with their law- the 2014 sale when it was yers recently submitted astill a cooperative. memorandum in support of a motion to disquali- counsel and a motion to smiss in the recently filed Tri County Telephone As- sociation vs. Joe and Barba- ra Campbell suit. TCT flipped the tables on the Campbells in late May by filing with feder- al court in the U.S. District Court in Cheyenne. This federal suit comes after the ongoing Campbell vs. Tri According ' to court documents, Edwards along with attorney John Rup- pert, advised the board in 2009 after Schlenker's first attempt of a "takeover "of TCT. They advised the board that the owners' interest could "not be bought" and attempted to educate the board on their fiduciary duties. The documents allege the Campbells filed. They even met with Edwards at the law firm's offices that are now suing them in the federal case. According to the Rules of Professional Conduct, allege any facts that would indicate the computer was a protected computer. Un- der 18 U.S.C 1030 (a)(4) the plaintiffs cannot state a cause of action because "the complaint fails to al- Rule 1.7 "prohibits a lawyer lege the first element re- from undertaking repre- quired to invoke protection sentation against a current under the state, namely, client if the matter would that Joe and Barbara Camp- directly adverse to the ex- bell actually accessed com- isting client." purer-stored information According toJoeCamp- as opposed to merely us- bell's affidavit, both he and ]ngthe computer. Using the his wife are current clients computer for the receipt of of Simpson's law firm and emails from the company they claim the federal law- using a personal email ac- UNIVERSITy oF WVOMING GO FOR ADVANCEMENT advancement in your career! Do you need assistance with late rent or utilities? Do you need assistance with past County Telephone Associ-that Davidson became "fu- suit filed against them is di- count is not accessing the due medical bills, dental work or glasses? ation lawsuit. The Camp- rious" at Ruppert for giving rectly adverse to them. information on the com- bells' lawsuit has been on- advice on fiduciary duties puter, it is mere use of the ContactNOWCAPat307.347.6185 I going for nearly two years, and limitations of the board GROUNDS FOR DISMISSAl.? computer, and is not pro- to request an application for our I The suit alleges that TCT and officers. In 2010, Rup- In the memorandum hibited by the statute" held more than 590 mil- pert resigned as counsel for for the defense in the fed; CSBG Emergency Assistance funds, I lion in hard assets when it TCT. . eral case, the Campbells' CLASS ACTION CASE or access onlineat NOWCAP.com was sold for 551 million in Edwards became con- lawyers claim that TCT s MOVES FORWARD 2014. Of the $51 million sale cerned about the rights of federal complaint is defer- Back in April, the plain- the owners after the 2009 bid and proposed to send out a mailing to owners informing them of what Schlenker had tried to do. In a letter, Edwards states, "The decision to sell Tri County Telephone As- sociation Inc. is ultimately up to the members of this cooperative. We rejected the offer that was made to the board because the of- fer was only for approxi- mately 12 million, and your company had 9 million cash on hand at the time of the offer. In other words, Neff Schlenker of Big Horn Tele- communications was trying to use our own cash to pur- chase the company." In response to her pro- posed letter, court docu- ments allege that Davidson moved to oust Edwards by replacing her with attorney Rosenthal and the law firm price, 512 million was to re- tire debt and 510 million was held back for "unseen liabilities;' leaving just 529 million to be paid to TCT cooperative owners. The Campbell suit names TCT chief execu- tive officer Chris Davidson, TCT chief financial officer Steve Harper and former board members Dalin Win- ters, J.O Sutherland, Daniel Greet, Clifford Alexander and John K. Johnson as de- fendants. Also included as defendants are Neff Schlen- ker, accounting firm Hatha- way and Kunz and attorney Michael Rosenthal. The new federal law- suit filed by TCT on May 25 lists allegations of misap- propriation of trade secrets as well as interference with contract and business ex- pectancy. In the federal suit it names the Campbells along with John and Jane of Hathaway & Kunz. Does as defendants. After Edwards' In the newly filed court documents by the Camp- bells they argue that coun- sel for TCT, Burge, Simpson, Eldredge, Hersh & Jardine de- parture, Joe Campbell re- mained on the board for the cooperative and was very vocal in opposition of Schlenker's second offer. The documents allege that counsel for TCT as well tive for four reasons, which they outline as follows: The complaint does not state what trade secrets are at issue. "It merely states in conclusory fashion, that there are trade secrets;' the memorandum states. Because of this they" ar- gue that TCT cannot invoke protection under the Trade Secrets Act. The complaint fails to state that nay claimed ac- tion on the part of Joe and Barbara Campbell was tak- en in interstate commerce. "The plaintiff has failed to invoke federal jurisdic- tion under the Act and this court does not have sub- ject matter jurisdiction7 it states. The complaint makes clear that the alleged "mis- appropriation" occurred on Jan. 1, 2015, which is the date Campbell's service on the board ended. The Campbells' lawyers argue that the plaintiffs claim did not come into effect un- til May of 2016 and that the complaint "fails to speci- fy when Joe Campbell al- legedly disclosed claimed 'trade secrets" when such tiffs, the Campbells, al- leged the defendants in the Campbell Class Action suit were blocking discov- ery. The Campbells claim that they have produced 14,500 documents along with 71 witnesses while out of all the defendants only one document was produced. The defendants filed a motion for bifurcation of discovery; however, on May 5, Ninth District Court Judge Norman E. Young de- nied the defendants' mo- tion. Twenty days later, the federal lawsuit was filed by TCT against the Campbells. In April, the defense also put forth a motion to quash the subpoena of Rep. Mike Greear R-Worland. A subpoena was also served to Greear who represented BHT Holdings and Schelen- ker when purchasing TCT. Greear objected to the sub- poena, stating that the sub- poena did not allow enough time, was a burden and that it violated attorney-client privileges. On June 22, the motion to quash the subpoena was denied, which means Gree- law firm, is suing their own clients, the Campbells. Attorney Chris Ed- as Davidson tried to push alleged disclosures oc- ar will now have to answer ward , who works for the...., .Campbell out law representing TCT aIleges that Ro e thaI ocetrrred affer pas Yd : '.' :Off ilff6"i6. lefe ndarlts in the federal case, also has proposed a tiered litigation the Act" Davidson and Harper along given legal advice to the approach that could be im- Campbells and is their es- plemented in case Camp- tate-planninglawyer, bell said anything to the "The plaintiff in this ac- owners of the cooperative tion seeks to impose per- about the takeover. sonal liability on Joe and The documents allege Barbara Campbell. Mr. that Rosenthal stated that Simpson, if left unchecked, will be allowed to violate the trust Joe and Barbara Campbell has placed in Mr. Simpson's firm as a weap- on against them in the lit- igation" the memorandum the cooperative's insurance policy would not cover Campbell's cost of defend- ing the lawsuit that he and the board were threatening to file against him. "Davidson told Joe Campbell that Mr. Campbell The Act the plain- tiffs used makes clear that it does not seek to inhib- it whistleblowers. "From the face of the complaint in this case and from the Sec- ond Amended Compliant in the class action, Mr. and Mrs. Campbell are whis- tleblowers entitled to pro- tection from this kind of lawsuit:' The defense also ad- dressed the plaintiffs pro- tective computer allega- states. They also argue that could 'lose his ranch' if he tions. After Campbell no the lawyers for TCT were were faced with a lawsuit, longer served on the board, told that Chris Edwards had Chris Davidson went so far he was asked to return his given legal advice to Joeas telling Joe Campbell that laptop to TCT so trade se- and Barbara Campbell on he was elderly and was se- crets could be removed the very subject of the law- nile and should not oppose from the laptop. suit and knew of the con-Davidson or the board ' the "Joe Campbell ac- with their counsel filed a motion for a protective or- der regarding confidential information. "Not only is competi- tive information at issue, but private and person- al information that has no place in the public sphere will necessarily be a part of production in this case. Fi- nancial information related to individual members and information regarding em- ployee compensation are part of the documents re- quested in this case7 the motion states. The defendants also filed a 30-page proposed protective order on June 16. The scope for the protec- tive order covers all mate- rials produced or adduced in the course of discov- ery, including initial disclo- sures, response to discov- ery requests or subpoenas, depositions testimony and exhibits. flict of interest with Simp- memorandum states, quired TCT's trade secrets son's law firm. During and after the and knew or had reason sale of TCT in 2014, the to know he acquired TCT's EDWARDS WARNING Campbells sought advice trade secrets through im- OF ATAKEOVER? from Edwards on efforts proper means" the plain- Ifi the newly filed doc"and issues now raised in tiffs complaint states. uments in the federal case, the class action state case The defense argues the defense explains that that the plaintiffs failed to Ryron Solid WaL te Dis.vm l Di Hc-t /i lj fl]ilI i i I i, NOTICE OF HEARING BYRON SOLID WASTE DISPOSAL DISTRICT Cowlev Recreation District Notice is hereby given that a public hearing on the proposed budget for Byron Solid Waste Disposal District for the fiscal year end- ing June 30, 2018, which is now being considered by the Board of the Byron Solid Waste Disposal District, will be held at the Byron Solid Waste Disposal District Office, Byron, Wyoming, at 8:00 p.m. o'clock, on Thursday, July 20, 2017, at which time any and all persons interest- ed may appear and be heard respecting such budget. A summary of such proposed budget follows: NOTICE OF HEARING COWLEY RECREATION DISTRICT Summary of Budget Estimated Total Estimated Total Estimate of Tax Estimate of Tax Cash & Revenues Budget Requirements Requirements ........................................................................................ _m_.0.unt _ _ Mij! evy ...... General Fund128,500.00 .... 33%000:00 .... 210,500.00 . 3 ............ Details of the Byron Solid Waste Disposal District 9eneral fund requirements Tentative Administration $28,000.00 Operations 5209,000.00 Indirect Costs $87,000.00 Notice is hereby given that a public hearing on the proposed budget for Cowley Recreation District for the fiscal year ending June 30, 2018, which is now being considered by the Board of the Cowley Recreation District, will be held at the Cowley Town Hall, 20 South Division, Cowley, Wyoming, on the 20th day of July 2017, at 7:00 p.m., o%lock, at which time any and all persons interested may appear and be heard respecting such budget. A summary of such proposed bud- get follows: Summary of Budget Estimated Total Estimated Total Estimate ofhx Estimate of Tax Cash & Revenues Budget Requirements Requirements .................... An!ou9~ ............................ .1~!!] Leyx____ General Fund ........... 50:00 ] $0:00 ................................................................ Details of the Cowley Recreation District general fund requiremeJ)ts .............. Tentative Administration 510,310.00 Operations 526,657.00 Indirect Costs 5220.00 Capital Outlay $35,000.00 Capital Outlay 50.00 Reserve Fund (520,000.00) Debt Service 50.00 Debt Service 50.00 Provisions for Tax Shrinkage 50.00 Total Cash Requirements 339,000.00 Total Cash Requirements 537,187.00 Publish: July 13, 2017 Publish: July 13, 2017 email .lletos.cllrenlcle@gmall.cmn CLUB and BOARD MEEI'INGS BHC School District No. 1 Board, 2rid Thursday, board room, 7 PM BHC School District No. 2 Board, 2nd Monday, board room, 7 PM BHC Treasurer at County Annex, 2nd and 4th Tuesday each month, 9 AM - 1 PM Big Horn Basin chapter of Gold Prospectors Association of America, American Legion, Powell, 2nd Tuesday, 7 PM BHC 4-H Leader's Council, 2nd Monday, rotating locations~ 6:30 PM BHC Weed and Pest board meeting, 2nd Tuesday, 12:30 PM, W&P office at 4782 Hwy. 310, Greybull Byron Lions Club, 548-7543 Cancer Support Group, 3rd Thursday, 7 PM, NHCC multi-purpose room Cowley Riding Club, 3rd Monday, 7 PM, 307-664-2235 Lovell Area Chamber of Commerce general membership meeting, 3rdMonday, noon, Brandin' Iron Friends of the Library, 1st Wednesday, Lovell Library, 3:30 PM Contact Linda Mangus, 548-2031 Lovell Library Family History Time, every Monday, 1-4 PM Lovell Library Story Time, every ; Tuesday, 10:30 ^M Lovell Riders, Inc. 1st Friday, 7 PM, call 5480918 for location Lovell Town Council, 2nd Tuesday, Town Hall, 7 PM Lovell Woman's Club, 2nd Wednesday, Big Horn Federal Hospitality Room, 1 PM Contact Deanna Wagner, 548-7793 North Big Horn County Health Coalition, Quarterly, noon, rotating locations, 548-2254 North Big Horn Hospital Hometown Healthy Living, Every Tuesday, 7-10 AM, NBHH Pindroppers Quilt Club, check Mayes Fabric for details. TOPS Wyo 318, every Tuesday, 5 PM, New Horizons Care Center Tri-Mountain View Masonic Lodge, 2nd ~hursday, dinner 6:30 PM, lodge meeting 7:30 PM WYDOT Driver Licensing Facility open in Lovell every Tuesday, 9:30 AM to 4 PM Narcotics Anonymous, Monday, at 1131 Shoshone Ave., inbasement, 7 PM, contact 307-254-3953. Spomoredby Big Horn' Federal il g Gneybull, PowelL Thermcpoii% Cody, Worland, Lovell GO FOR SUCCESS [J3,V Distance Courses & Degrees We have expanded our distance offerings! Complete a degree or earn course credits through online and other distance technology, as well as on-site at UW's Casper campus. Check Out UW Distance Offerings at: info.uwyo.edu/distance rr Lovell C mete Di ri NOTICE OF HEARING LOVELL CEMETERY DISTRICT Notice is hereby given that a public hearing on the proposed budget for Lovell Cemetery District for the fiscal year ending June 30, 2018, which is now being considered by the Board of the Lovell Cemetery District, will be held at Lovell Cemetery Office, LoveU, Wy- oming, on the 18th day of July 2017, at 7:00 oMock p.m., at which time any and all persons interested may appear and be heard respecting such budget. A summary of such proposed budget follows: Summary of Budget ...................................... Tentative Administration 578,600.00 Operations 586,900.00 Indirect Costs 514,825.00 Capital Outlay 50.00 Debt Service $0.00 Provisions for Tax Shrinkage 50.00 lotal Cash Requirements $180,325.00 " Publish: July 13, 2017 Cowley Cemetery District NOTICE OF HEARING COWLEY CEMETERY DISTRICT Notice is hereby given that a public hearing on the proposed budget for Cowley Cemetery District for the fiscal year ending June 30, 2018, which is now being considered by the Board of the Cbwley Cemetery District, will be held at Cowley, Wyoming, Cowley Town Hall on the 13th day of July 2017, at 5:30 p.m., at which time any and all persons interested may appear and be heard respecting such budget. A summary of such proposed budget follows: Summary of Budget Estimated Total Estimated Total Estimate ofl"ax Estimate ofTax . Cash & Revenues Budget Requirements Requirements ............................................................. A.m0u.nt .......................... _..M_.!!!.._l:_e~l( .......... General Fund ............ $J68~849.00 $69,!7L01) ..................... ~99,67.7:~ ..................................... Details of the Cowley Cemetery District general fund requirements Tentative Administration 56,920.00 Operations 544,419.00 Indirect Costs 53,918.00 Capital Outlay Total Cash Requirements $13,915.00 $69,172.00 Publish: July 13, 2017