Judge calls for status hearing
A date for a status hearing in the case brought by Socorro Electric Cooperative against its member-owners has been set.
Judge Albert J. Mitchell Jr. will hold a telephonic hearing with the parties involved on Friday, Dec. 2, at 9 a.m.
“I called for the hearing, so we can figure out where we’re at,” Mitchell said in a recent phone interview. “The initial case was determined, but we have a pending motion and still have to address whether or not we’re going to have a class action.”
The Deschamps & Kortemeier law firm, of Socorro, and Ikard Wynne, of Austin, Texas, jointly filed a countersuit, not against Socorro Electric, but against members of the board of trustees and five other former co-op officials. The countersuit alleges breach of fiduciary duty and fraud, and requests class action certification.
Bill Ikard was brought into the case by members of a co-op reform movement. He was among the attorneys who helped win a $23 million class action settlement against Pedernales Electric Cooperative, the largest co-op in the country.
Mitchell said he didn’t anticipate any decisions would be made on the pending motion during the Dec. 2 hearing.
“If the parties stipulate to something, we might make a decision, but I have nothing else on my desk. I have the class action certification, and we’ll have a hearing on that,” he said.
The judge allowed discovery to begin for the countersuit five months ago, and Mitchell said he was interested in hearing what progress has been made.
“Everyone told me it would take a long time to get discovery done. I’ll let them tell me where they stand and where we go from here,” he said.