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Enron Mail |
Steve, a week ago today, the judge denied our request for preliminary
injunction, but kept the proceeding open (so we can go back on an expedited basis if we need to) and warned Broadwing that its many cuts were very gross and that they should exercise extreme care ("digging with a hand trowel, if you can," he said) as they continue their construction. He also said that they were facing some pretty significant damages, and that if they cut us again he would probably issue an injunction. He was concerned that future cuts, after our system is lit, will generate much higher damage claims from us. If you want a little more detail, the judge ruled that we had met 3 of the 4 tests to get the injunction--likelihood of succeeding on the merits, likelihood of suffering irreparable harm, and satisfied the public policy protecting existing utility facilities. But he found that on the 4th test, the comparison of damages, that the damages B'wing would suffer if the injunction were granted were similar to the damages we will suffer if it were not granted, but the 30 or so menial construction hands who would be laid off by the contractors, if the injunction were granted, tipped the balance. We knew that the chances of a shutdown were remote, and we were surprised we came so close. Our goal was to get the judge's help to make B'wing use safer construction practices, to avoid future cuts (which they have done: they are potholing now, constructing slower, and listening to our inspectors, although they still refuse to sign a Construction Coordination Agreement, which we've repeatedly offered). Our outside counsel and witnesses did a great job, and the judge was very stern in his warning to Broadwing. I think the Broadwing people realize that Broadwing did not "win" this proceeding, and that a rather large hammer is now hanging over their head. Next steps: I believe Brad is going to meet on-site with Broadwing's Bill Muckle, to explore future steps to prevent future cuts. We are keeping the courthouse warm. That's about it. Please let me know if you'd like more info. Kenton From: Steve Elliott on 03/10/2000 09:05 AM To: Kenton Erwin/Enron Communications@Enron Communications cc: David Leatherwood/Enron Communications@Enron Communications Subject: Broadwing status please? What was the result of the court hearings and next steps?
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