La Bene Vita

Updates: Court, Moving, Polaris

Ohio Idol Lawsuit:

Court day came and went with no court. Long story short:

* According to a complaint filed with the Franklin County Small Claims Court, Steve Wise of Ohio Idol owed Michelle Tuesday and Leann Lindsay of Michelle Tuesday Music School (Columbus, Ohio) and Diane Lawson of Talent Fusion (Indianapolis) a total of $1,200 in exchange for judging services rendered, parking, and court fees. Since last June, Mr. Wise has claimed on several occasions that he never promised payment for judging services. He went so far as to tell MTMS Office Manager Chris Fredenburg over the phone that he would never have asked Ms. Tuesday and Ms. Lindsday to judge had he known he was expected to pay for the service, because he had "far more qualified judges lined up to volunteer." Both Ms. Tuesday and Ms. Lindsay have email documentation that Mr. Wise did, indeed, promise to pay for judging services.

* On June 13th, MTMS contacted Mr. Wise via email and offered to dismiss the case should payment in full be received prior to the scheduled hearing date of Wednesday, June 19th.

* As of June 18th, 2013, the day before the scheduled hearing, Mr. Wise still had not paid the past due amount. He also claimed that he did not owe this money, but for different reasons than previously submitted: specifically, that MTMS and Talent Fusion had solicited the business of Ohio Idol contestants.

* On June 18th, an attorney representing Mr. Wise contacted MTMS requesting a continuance. MTMS replied that they would be happy to accommodate a continuance if Mr. Wise or his attorney were willing to pay for the filing AND could convince the court to waive the 10-day-notice requirement for continuance filings. Not surprisingly, MTMS never heard back from the attorney.

* On June 18th, Mr. Wise replied to the MTMS June 13th email and stated that he did not owe the money listed in the small claims complaint, but that he would be willing to pay half ($600) via mailed check in exchange for dismissal of the pending case.

* MTMS replied that mailed check was not acceptable, as the check would not be received prior to the 1:30pm hearing scheduled for the next day. We countered with a settlement of 75% ($900) if received via electronic payment on June 18th (the current day.)

* Mr. Wise replied that he would not negotiate, repeated that his offer of 50% was a "one time offer."

* MTMS countered with a settlement of 67% ($800) and stated that it was our final offer.

* Mr. Wise replied with a deliciously detailed explanation of how he intended to change the name of his company (due to a legal battle with American Idol), and that even if we would win judgment, we would never receive the funds because we would be collecting against a company that no longer existed. He announced that we had "two choices" - we could accept his offer (which he claimed he should not even be offering since he did not owe us any money) or get nothing.

At the advice of my attorney, I shall avoid calling Mr. Wise an idiot or anything similarly derogatory. However, I will point out that Mr. Wise sent a detailed explanation IN WRITING the day prior to a hearing of how he intended to skip judgement. I have to assume that the magistrate would have enjoyed reading that email at our hearing. I know for a fact that I would have enjoyed allowing her to read it.  And since Mr. Wise copied his attorney on the email in question, and since I was courteous enough to forward emails to the attorney in which Mr. Wise promised compensation for judging, I postulate that the attorney may have strongly suggested Mr. Wise consider our settlement offer. On the other hand, the same attorney requested a continuance on a hearing that was one day away in a court system that requires ten days notice for continuance, so who knows what the attorney recommended or did not recommend to Mr. Wise. Obviously I was not privy to any conversations that took place between Mr. Wise and his attorney, but this is what I do know for a fact:

* MTMS did not reply to the final June 18th email from Mr. Wise in which he explained the "two choices" available, and we made plans to go to court on Wednesday, June 19th.

* On the morning of June 19th, MTMS received an email from Mr. Wise offering to "split the difference" and pay $700 via electronic payment in exchange for case dismissal.

* MTMS replied and insisted on $800, stating that the plaintiffs (the three judges) had discussed our bottom line in advance.

* Mr. Wise paid $800 via electronic payment, and MTMS contacted the Franklin County Small Claims Court to dismiss the case.

Lessons learned:
- the judicial system is a bitch, but I know how to navigate it now.
- always follow your gut. I had a bad feeling about agreeing to judge.
- call their bluff and hold out for a higher offer.

Moving

I moved. Keith and I sold our house, Keith's mother sold her house, and we moved in together into a larger house. We have all the furniture in place, all the boxes unpacked, and almost everything put away where it belongs. We bought new appliances, which are partially installed, and we're installing a full bath and kitchen in the basement apartment for Keith's mom, which would be done by the end of July. We don't have a fence in the back yard yet, so Sammy still needs a lead, and my outdoor cats both took off when I brought them to the new house, and they eventually returned (Penny within the day, Dante within the week.) It still feels cluttered and chaotic, and Keith's mom suffers from bouts of depression over moving out of the house she lived in for forty years, where she shared a life with her now-deceased husband and raised her three children (one of whom is also deceased.) It's hard on her, which makes it hard on us, because we're trying to make the transition as easy as possible for her and make her feel like a valued and legitimate part of the family and household. I'm taking her recliner shopping today, because we moved her living room furniture into her basement living room, but we want her to have her own recliner in the first floor family room, too. Hopefully, she'll be up to the shopping trip.

Polaris:

If you don't know, Michelle Tuesday Music School is expanding into a second campus in the upscale Columbus community called Polaris. The architect and engineers have finished the drawings, which are being reviewed by the landlord and (theoretically) me prior to submission to the township and county for permits. We already have our zoning and signage permits approved. Right now, the space is an utter mess, because the contractor ripped out all the nasty drywall, FRP, and ceiling tiles. Meanwhile, we've been "shopping" like crazy at Amazon and stocking up our "Wish List" with items we plan to buy as soon as we have a relatively clean space in which to store our inventory. The most urgent thing at the moment is to get the michelletuesday.com/polaris website up and running before our first round of "Grand Opening" advertisements and announcements comes out on July 1st. That, and, you know, review the stupid drawings in my inbox.

...and that's all she wrote. I haven't even talked about church (which keeps on truckin' amid my personal chaos.) I'm just glad to have the Ohio Idol bullshit behind me. Please feel free to express your colorful and hopefully entertaining opinions about Ohio Idol and Mr. Wise, since your comments do not necessarily reflect the opinions of Michelle Tuesday, Michelle Tuesday Music School, Diane Lawson, or Talent Fusion.

Peace,
Michelle