Monessen: City’s attorney admonished in Sunshine Act hearing
By KRISTIE LINDEN
klinden@yourmvi.com
In Friday’s hearing for one of three lawsuits filed against Monessen Mayor Matt Shorraw and others for alleged Sunshine Act violations, the judge wasn’t happy with the defendants’ attorney and even questioned whether he was authorized to represent them.
Former Mayor Lou Mavrakis is accusing Shorraw and councilmen Gil Coles and Don Gregor of violating the Sunshine Act during the Jan. 6 Monessen City Council reorganization meeting.
Ron Mozer filed his own suit, and the Mon Valley Independent and resident Tina O’Dell jointly filed a separate suit. Hearings have been held in both those cases, but they haven’t been resolved.
Attorney Matt Jaynes has represented the city, Shorraw and now Coles and Gregor in the suits.
The problem is, according to Westmoreland County Court of Common Pleas Judge Chris Scherer, Jaynes never filed an entry of appearance on behalf of Shorraw, Coles and Gregor in the Mavrakis suit.
Shorraw, Coles and Gregor didn’t appear in court Friday.
In fact, Scherer said, Jaynes never filed a single motion or brief in relation to the suit, which was served Jan. 29. He also never filed a response to a March 6 notice of default that was sent to the defendants pointing out that they never filed an answer to the lawsuit, which should have been submitted within 20 days.
Jaynes briefly tried to reference the other hearings held before Westmoreland County Court of Common Pleas Judges Harry F. Smail Jr. and Rita Hathaway, but Scherer told Jaynes what happened in those cases has no bearing on his courtroom.
Mavrakis filed a motion for a default judgment this week, claiming the defendants are in default because they haven’t responded to the lawsuit.
Scherer asked Jaynes during a hearing on the motion Friday why nothing has been done. Jaynes first mentioned the coronavirus, then said he expected Mavrakis would have filed a motion for a speedy trial “due to the injunctive nature” of the lawsuit.
Scherer shook his head and said Mavrakis’ suit doesn’t ask for an injunction.
“Your argument may have merit, but you should have filed something,” Scherer said.
“I understand,” Jaynes said.
“A motion to dismiss,” Scherer said, “you could have filed a motion to dismiss. There are so many things you could have done instead of waiting for the day he’s looking for a default judgment to say ‘I am here representing Monessen.’”
To read the rest of this story, please see a copy of Saturday’s Mon Valley Independent, call 724-314-0035 to subscribe or subscribe to our online edition at https://e.monvalleyindependent.com.
