Tri-County Electric Cooperative asks a Weatherford court to dismiss a lawsuit brought by its ousted CEO, arguing that Darryl Shriver has not specified the wrongdoing charges against which he must defend himself. .
The company’s board of directors filed a similar response to Schreiber on Oct. 20. So did the chief financial officer, who, in seeking his removal, said Mr. Shriver’s own Sept. 25 filing provided evidence that should immunize him from litigation.
The filing by Chief Financial Officer Melissa Watts in the 43rd District Court also includes additional details about a $50,000 bonus that Schreiber said he was promised but never received.
Mr. Watts’ filing says the document Mr. Shriver placed in company records to support the bonus was forged. She attached a copy of the document to her filing.
It also describes personal items that Schreiber allegedly purchased using his company credit card. These include things like Star Wars collector pens and luxury Oakley sunglasses.
“Unfortunately for Shriver…his own argument objectively indicates that there are no real issues of material fact regarding the allegations against defendant Melissa Watts and that she is entitled to summary judgment discharging her from the lawsuit.” ,” her filing states.
All three submissions from Mr Watts, board members and the co-op itself raise the issue of “fair notice”. They argue that Mr. Shriver’s lawsuit should have provided examples of statements he believed the Tri-County defendants had made to defame Mr. Shriver.
“Texas law requires that the defendant be notified of each statement that the plaintiff considers to be defamatory so that the plaintiff knows what it is defending against in this case.” Board Member 8 It is written in the submission by the person. “However, the plaintiff has not disclosed the specific statements or reports he is referring to, nor the date, time, or means by which the allegedly defamatory statements were made.”
The trustees’ filings continue to complain that Mr. Shriver did not say which trustees he suspected of defaming him.
The co-op’s response to Schreiber’s lawsuit makes the same point, this time saying the former CEO has refused to perform in connection with illegal conduct.
“The brazen and scandalous allegations of misconduct by TCEC board members are patently unrelated, with no allegations of misconduct in which the plaintiffs were asked to engage but were refused, and they undermine the reputation of the identified board members.” There is no other purpose than to cause harm,” the co-op’s response states.
The co-op added that the “vague allegations” do not pass the “fair notice” test of what companies need to protect themselves from.
In some ways, the “fair notice” claim is consistent with Mr. Schreiber’s original attack on his former employer.
In an August motion dismissed by another district court in Weatherford, Mr. Schreiber claimed that the directors were under oath so he could determine exactly who to sue and what defamed him. They asked for a meeting with the group members and Mr. Watts.
“He does not currently have sufficient information regarding the specifics of the conduct to determine which defendants should be brought forward for conspiracy,” the rejected motion states. ing.
Lawyers for Mr. Shriver and the three defendants declined to comment by email or phone last week.
Shriver served as Tri-County’s CEO for six years before being fired last July. He is asking for more than $1 million, job restoration and implementation of an executive benefits recovery plan that he says is worth millions of dollars.
