School board opts out of TCT West lawsuit
Ten Sleep School Board votes to not participate in class action lawsuit against TCT West
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TEN SLEEP – The Ten Sleep School Board decided to opt-out of the TCT West Class action lawsuit Monday evening with a vote of four for opting out and one against. Board member Terill Mills voted against it.
Ten Sleep School Superintendent Jimmy Phelps broached the subject to the board in favor of not opting-out feeling that there was no down side to staying part of the class action lawsuit. “I think all of you are aware that there is a lawsuit concerning the amount of money that people received in 2015 when TCT West sold the co-op [Tri-County Telephone cooperative] to a private company. You have the option to opt out of this class action lawsuit. The city council I have been told has decided to not opt out and it is my recommendation that we do the same,” Phelps said.
Board member Mona Sindelar explained to the board that the Ten Sleep Senior Center had also voted to stay in the lawsuit. But she did voice her concerns about any future financial liability created by staying in the lawsuit.
Community member Chad Fox asked to see a copy of the paperwork because one line caught his attention that caused him concern. The line that caused him concern on the paperwork states, “You do not have to do anything now if you want to keep the possibility of getting money from this lawsuit. By doing nothing you are staying in this class. If you stay in and the plaintiffs obtain money, you will be notified about how to apply for a share. However, if you do nothing now, regardless of whether the plaintiffs win or lose at trial, you will not be able to sue, or continue to sue, the defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all orders that the Court issues and all judgments that the Court makes in this lawsuit.”
After reading the line he stated his concern about a retaliatory lawsuit which would affect everyone who did not opt out.
Board chair Jared Lyman stated that he would prefer to opt out because too much time and money is wasted on such lawsuits.
When the board asked Ten Sleep School attorney Scott Kolpitcke his opinion, Kolpitcke stated that he was not able to comment because he was not familiar with the case.
