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ServPro's lawsuit against the Minot Public School District over unpaid flood expenses will go to trial in the federal courthouse in Bismarck at 1:30 p.m. Jan. 8.
The case has been reassigned to Judge Billy Roy Wilson, U.S. Senior District Court judge for the Eastern District of Arkansas. Chief Judge Daniel Hovland had previously been the presiding judge.
Wilson dened a request on Thursday from the Minot Public School District to reset the trial for a new trial date, which means a jury will hear the case on Jan. 8.
According to court records, Storm Team Robbins, LLC, doing business as ServPro of the Seacoast, was hired by the district to clean up flood-damaged schools following the Souris River flood in 2011. The Federal Emergency Management Agency reimbursed most of the expenses, but about $1.9 million was not reimbursed by FEMA. Minot Public Schools had alleged that Servpro's owner told the district that it would not charge anything over and above what FEMA paid. ServPro disputed that and sued for unreimbursed expenses.
Hovland ruled on Sept. 11 that there was a contract in existence between the school district and ServPro and that the contract has been breached.
"The only remaining issue of material fact in dispute for the jury to resolve is regarding the resulting damages which flow from the breach," Hovland wrote in another ruling filed with the court last month.
The two sides held settlement talks, but no settlement was reached and ServPro asked the court to set a new trial date.
- Andrea Johnson