Springville lawsuit moved to federal court in Birmingham
The lawsuit involving boosters of the Springville Band and a Florida-based travel company known as Musical Destinations has been moved from court in St. Clair County to federal court in Birmingham per request of the defendants of the case.
According to John Rea, who serves as attorney for the St. Clair County Board of Education and is representing the Springville Band in this case, the defendant possesses the right to have his case tried in federal court. The defendant is Joseph H. Cooper, owner and sole proprietor of Musical Destinations.
Rea says that due to the involvement of parties from different states, along with the amount of money involved in the lawsuit, the case falls under the parameters to be tried at the federal level in Birmingham.
The lawsuit stems from a situation involving money that was never returned by Musical Destinations for a trip to Orlando that never took place. Despite the trip being cancelled, the boosters of the Springville Band have yet to be reimbursed by the travel company.
The parties are involved in preliminary discussions, as Rea says it is “way too early” for a trial date to be set. Rea is expected to begin the discovery process soon. Both parties are also discussing the possibility of a resolution, or if this is going to be the beginning of a court case.
One reason the discovery process is so important is because it will help determine how much money can possibly be recovered by the Band Boosters. While the original complaint points out that Cooper should retain all of the money in question, is it not certain whether he has the full amount or not.
“This is a question of how much they can get back,” Rea said. “It is a challenging situation where we want to get as much money out of it.”
Rea says that the changing of the case from court in St. Clair to federal court in Birmingham will not affect the outcome of the case.
“This is a straightforward case. It does not matter the venue,” Rea said.
As for the parents who are involved in this situation that dates back to 2019, Rea has repeatedly praised their patience and resilience in letting this play out.
“They have been more than patient. They felt they had no other choice. It is time to get them a resolution,” Rea said.
Rea further added that while the case may not be settled immediately, many cases often are resolved by a settlement later on in the trial process. He says they will know more in the next 30 days or so.