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    Show Cause Order

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    Anthony Warren
    The United States District Court for the Southern District of Mississippi issued an order for the parties in a case between Richard's Disposal Inc. and the City of Jackson to show cause why the federal case should not be stayed pending a decision by the Mississippi Supreme Court. Richard's Disposal sued the city seeking payment for waste collection services provided under an emergency agreement, but the validity of that agreement is currently being appealed to the state supreme court after a lower court ruled the mayor's veto of its rejection was invalid. Given this overlap in the legal issues, the federal court finds the parties should explain why its case should not be put on hold until the state high court rules.

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    Show Cause Order

    Uploaded by

    Anthony Warren
    9K views2 pages
    The United States District Court for the Southern District of Mississippi issued an order for the parties in a case between Richard's Disposal Inc. and the City of Jackson to show cause why the federal case should not be stayed pending a decision by the Mississippi Supreme Court. Richard's Disposal sued the city seeking payment for waste collection services provided under an emergency agreement, but the validity of that agreement is currently being appealed to the state supreme court after a lower court ruled the mayor's veto of its rejection was invalid. Given this overlap in the legal issues, the federal court finds the parties should explain why its case should not be put on hold until the state high court rules.

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    Show cause order in Richard's Disposal case.

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    The United States District Court for the Southern District of Mississippi issued an order for the parties in a case between Richard's Disposal Inc. and the City of Jackson to show cause why the federal case should not be stayed pending a decision by the Mississippi Supreme Court. Richard's Disposal sued the city seeking payment for waste collection services provided under an emergency agreement, but the validity of that agreement is currently being appealed to the state supreme court after a lower court ruled the mayor's veto of its rejection was invalid. Given this overlap in the legal issues, the federal court finds the parties should explain why its case should not be put on hold until the state high court rules.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9K views2 pages

    Show Cause Order

    Uploaded by

    Anthony Warren
    The United States District Court for the Southern District of Mississippi issued an order for the parties in a case between Richard's Disposal Inc. and the City of Jackson to show cause why the federal case should not be stayed pending a decision by the Mississippi Supreme Court. Richard's Disposal sued the city seeking payment for waste collection services provided under an emergency agreement, but the validity of that agreement is currently being appealed to the state supreme court after a lower court ruled the mayor's veto of its rejection was invalid. Given this overlap in the legal issues, the federal court finds the parties should explain why its case should not be put on hold until the state high court rules.

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    Case 3:22-cv-00396-KHJ-MTP Document 18 Filed 10/04/22 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT


    FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
    NORTHERN DIVISION

    RICHARD’S DISPOSAL, INC. PLAINTIFF

    v. CIVIL ACTION NO. 3:22-cv-396-KHJ-MTP

    CITY OF JACKSON, MISSISSIPPI DEFENDANT

    ORDER TO SHOW CAUSE

    THIS MATTER is before the Court sua sponte for case management purposes. On July

    13, 2022, Plaintiff Richard’s Disposal, Inc. filed this action seeking payment from Defendant

    City of Jackson, Mississippi (“the City”) for solid waste collection services provided by Plaintiff.

    See Complaint [1]. According to Plaintiff, on February 17, 2022, it entered into an Emergency

    Agreement with the City wherein the City contracted with Plaintiff to collect solid waste for a

    one-year period for a specified fee. On April 1, 2022, however, the City Council refused to

    approve the Emergency Agreement. That same day, the Mayor of the City delivered to the City

    Council his written objection or “veto” of the City Council’s disapproval of the Emergency

    Agreement.

    Plaintiff alleges that it began solid waste collection on April 1, 2022, and continued to

    provide this service through the date of the filing of its Complaint [1].1 In this action, Plaintiff

    seeks payment from the City based on the claims of quantum meruit and unjust enrichment.

    On May 11, 2022, the City Council filed an action against the Mayor in the Chancery

    Court of Hinds County, Mississippi, First Judicial District, asking that court to rule that “the

    Mayor’s attempt to veto the City Council’s negative vote is illegal and that the Mayor’s veto

    1
    The parties have informed the Court that Plaintiff has continued to provide this service through
    the date of this Order.
    1
    Case 3:22-cv-00396-KHJ-MTP Document 18 Filed 10/04/22 Page 2 of 2

    does nothing to constitute effectuation of any proposed contract with was never approved by the

    Council.” See [1-9]. On July 15, 2022, the chancery court ruled that Mississippi law does not

    permit the Mayor to veto a matter not adopted by the City Council and held that the Mayor’s

    attempted veto of the Emergency Agreement is “without effect.” See [8-1].

    The parties have informed that Court that the Mayor has appealed the chancery court

    order to the Mississippi Supreme Court, which has granted a motion for an expedited decision.

    Following a conference with the parties, and given that the issue of the validity of the Emergency

    Agreement and the actions taken are before the Mississippi Supreme Court and the supreme

    court’s decision may affect the issues pending before this Court, the Court finds that the parties

    should show cause why this action should not be stayed pending a ruling from the Mississippi

    Supreme Court on the Mayor’s appeal.

    IT IS, THEREFORE, ORDERED that on or before October 18, 2022, the parties shall

    show cause why this action should not be stayed pending a ruling from the Mississippi Supreme

    Court on the Mayor’s appeal of the Chancery Court’s Order [8-1].

    SO ORDERED this the 4th day of October, 2022.

    s/Michael T. Parker
    UNITED STATES MAGISTRATE JUDGE

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