Professional Documents
Culture Documents
19-0110 Sbu Excerpts W Page Id
19-0110 Sbu Excerpts W Page Id
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1 P R O C E E D I N G S
18 ombudsman here?
20 the ombudsman.
15 decree.
18 trial, offering testimony live from witnesses that was not part
1 the Court are those that were presented with the claim form,
3 and filed with the Clerk of the court and a matter now of
13 behalf.
17 were not even there or, in the case of one witness, is not even
25 before it at the time and the law that applies to those facts,
5
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5 this matter. For example, Mr. McCauley and the Sewer District
14 the hearing.
18 too.
22 and the ombudsman and MSD to come up with a process that was
8 the magistrate judge will review such requests and may hold an
18 They may clean up the property. They hand the claimant the
19 packet for filing a claim and review. They may say, "Hire a
24 investigated your claim, and we find that it's not our fault.
1 matter for the claimant then to contest, and they can't contest
7 argument.
15 omitted from the claim form and that, when that happens,
18 things may be heard for the first time during that proceeding.
25 clear that, yes, this Court's review process will allow the
8
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5 That's not what we're talking about here today. Here today
13 concern.
17 question.
15 in whole or in part, and that MSD may later say, no, we don't
23 what kind of things they need to pull together before they come
24 to court.
1 about why you believe that this was water that emanated from
2 the sewer system that got into your house. This is just a
15 tell us what the issue was. I mean, if you read their 15-page
18 reimbursement.
19 But on the causation issue, Your Honor, I'd ask you in that
20 binder that I --
22 approach?
3 refused to let me ask her questions. And then you ordered the
10 Honor and opposing counsel have made this into a binary issue,
11 what was or wasn't in the complaint form. But it's really not
15 it's all sanitary sewer. It's all what they call -- I'm losing
16 the word, but effluent from the sanitary sewer system that
22 agree at the hearing that there was sewer backup in his house
25 occasions.
12
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6 the value of the house, you know, I don't know. But on the
8 here today --
13 don't know what -- maybe you can tell me what we're left to
22 him written stipulations to make it easy for you today, and the
3 the hall and all these people here to testify, because Erin
4 Johnson from MSD will tell you, yes, we knew all about this
9 this --
14 what they may or may not know about the process versus a
17 then we may be able to dispense with the 15 people who are out
20 time here, I'm going to invite you to sit down, and I'd like to
23 Honor --
3 name.
9 this case, but what it sounds like is that the City now wants
14 hearing.
16 With this hearing I did take a look at the docket. I'm not
18 what I hear from the City is they want to have all their
24 what they need forth in order to come in front of you for the
25 right to review.
15
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9 but that's not the case with everyone, and I see nothing in the
18 MSD and provide more evidence and provide their witnesses and
24 enough?
3 call goosey gander, for those of us who are old enough to have
6 case. I see we have three backups: we've got the August 26,
7 2016, the March 1st, 2017, and the April 16th, 2017. And when
9 and then it went into the March 1st, but I think we're all just
14 accurate?
24 correct?
4 stipu--
9 in both instances.
11 submissions.
13 correct?
17 * * *
19 JOSEPH M. ALLEN
21 DIRECT EXAMINATION
22 BY MR. FINNEY:
24 Exhibit 2.
9 surveyor.
11 engineer in Ohio?
12 A. 30 years.
16 family construction.
17 * * *
19 CROSS-EXAMINATION
20 BY MR. SULLIVAN:
24 A. I -- I don't know.
3 you know.
4 A. I don't know.
9 Q. Well, you would agree, would you not, that the documents
10 you read from say exactly that, it's been occurring for many
11 years?
20 could take another look at living there and going there if you
24 A. That's correct.
1 engineer?
2 A. Yes.
4 * * *
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6 C E R T I F I C A T E
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11 s/Luke T. Lavin
Luke T. Lavin
12 Official Court Reporter
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