Friday, September 26, 2008

Eastern New Mexico University Filed an Amended Complaint on June 17, 2008

Here is an amended complaint filed by Eastern New Mexico University against Tremco last June. The university is seeking $565,000.00 in damages. Tremco filed a motion to dismiss in the case; however, according to court records it was denied. The latest entry in the court record reveals that both parties have reached an agreement. It will be interesting to see if it will be a secret out-of-court settlement. I'll keep you posted.

This particular complaint alleges the following: Breach and Anticipatory Breach of Contract, Breach of Warranties, Breach of Duty of Good Faith and Fair Dealing, Negligence Misrepresentations, Fraud, and Unfair Practices. Evidence, including depositions are all available via the Internet regarding this case. Are government officials convinced yet that we need a grand jury investigation pertaining to the AEPA/Wilson Education Center/Tremco roofing no bid scheme in Indiana?

Side Note: Lawfirms representing or ones that have represented Tremco in Indiana are as follows: Krieg-Devault, Ice Miller, and Barnes & Thornburg. Please let me know if there are others to add to the list. These lawfirms have associations with high ranking Indiana government officials. Is it any wonder that it has taken a blog like this and my persistence to get government moving in the right direction? I will remain vigilant until this AEPA no bid scheme is completely dismantled and put out of its misery. I look forward to telling my story to twelve taxpaying jurors.

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Original Complaint: Eastern New Mexico University Vs. Tremco

Wow! Those were the words that came out of my mouth after reading through the following complaint in the ENMU vs. Tremco matter. As reported earlier, the parties have recently reached a negotiated resolution. I am currently pursuing those records and will make them available when I get access to them.

At the outset, I'd like to correct an earlier error. When I first found the information regarding this lawsuit on a federal court website, the information was incorrectly listed that the Plaintiff was seeking $515,000,000 in damages. After reading through the complaint, I discovered that the amount should have read $515,000.00. Apparently, a clerk made a typo. To be fair, I'd like to make that correction even though it was not my error.

As of today, the error has not been corrected on the Federal District Court's website. Here's the entry, which shows the amounted demanded as $515,000,000.00.

This case is relevant to the pending litigation in Indiana. It's relative to the matters that I have brought before state officials. It's relative to the entire AEPA no-bid scheme. The allegations in this lawsuit cannot be passed off as a "disgruntled employee" as in the Baker Vs. Tremco matter. This is a university and a former customer of Tremco, Inc. They have made allegations against Tremco for Breach of Contract, Breach of Warranty, Breach of Duty of Good Faith and Fair Dealing, Negligent Misrepresentation, Fraud, Unfair Competition and Unfair Practices.

I hope these allegations were reported to the proper law enforcement agencies so that a proper investigation can be conducted. Indiana public officials please take time to read through this original complaint. Please investigate the roofs that were put on Indiana schools that were purchased via the AEPA no bid program. This university conducted its own investigation and tested the roofing materials. The same needs to be done in Indiana. It's what I've been asking for all along. With this information and the news of children being exposed to asbestos in Pennsylvania, we cannot delay any longer. We cannot wait for the next state legislature to address the problem. The safety of Indiana school children cannot be compromised any longer.

You can subscribe to this website and review all of the court records related to this file. The pleadings, legal briefs, and motions are all there. It costs .08 per page.

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