WASHINGTON-A San Diego courtroom is expected to be the scene this week for a jury trial of a now-defunct company trying to get redress from the nation’s largest wireless carrier. Sonic TSM Inc. is accusing Cingular Wireless L.L.C. of allegedly promised things it couldn’t deliver and discriminating against one of the company’s owners, a lesbian.
Cingular Wireless hired Opus Engineering L.L.C. in 2004 to add 500 sites to help build Cingular’s Los Angeles network. Sonic settled a complaint with Opus for an undisclosed amount but the charges against Cingular remain.
Opus used Cingular’s offices and its employees had e-mail addresses similar to Cingular employees, said Andrew Skale, outside counsel for Sonic TCM. “Sonic argues that the agents are the same as Cingular employees. They work out of Cingular’s offices and all have Cingular e-mail addresses. From anyone’s view it looked as if they worked for Cingular,” Skale told RCR Wireless News.
Ultimately Cingular was forced to sell the L.A. network to complete its merger with AT&T Wireless Services Inc.
Sonic claims that it contracted with Cingular to construct 215 cell sites for below-market rates on the condition that Sonic would be paid above-market rates for architectural and environmental-design functions. “Based on instructions by Opus, Sonic adjusted its bid by reducing site acquisition and zoning fees to $12,500 and increasing architectural and engineering fees to $25,000. Sonic submitted the adjusted bid on or about Jan. 12, 2004,” according to the amended complaint filed Dec. 20. An amended complaint was necessary due to information obtained during discovery and a recent undisclosed settlement with Opus. The case was originally filed Oct. 26, 2004.
Sonic had many difficulties collecting the negotiated amount for architectural and environmental design work, according to the complaint. Opus also said Sonic would not be considered for the contract if Lisa Marcaurelle, Sonic senior vice president, was involved, and reiterated the threat after John Kelly, an Opus manager, saw Marcaurelle on the worksite, according to the Sonic complaint.
“Cingular through its agents and employees, has affirmatively threatened to bar Sonic from future contracts or bid opportunities, including but not limited to contracts and bids Cingular had already agreed to grant Sonic, unless Sonic agreed to exclude one of its principals (and a company officer) from performing any services. Sonic is informed and believes, and thereon alleges that said threats were made due solely to its principal’s sex (female) and sexual orientation (lesbian),” claims Sonic.
Marcaurelle has a class A contractor’s license and her absence from the Cingular project meant Sonic had to hire two additional employees, adding to its costs unnecessarily, the lawsuit charges.
Sonic is seeking $9.3 million plus punitive damages but would subtract the amount won in the Opus settlement, said Skale.
“While we do not comment on ongoing litigation, we can say that we believe all the claims brought against Cingular by the plaintiff are without merit,” said Ritch Blasi, spokesman for Cingular.
Jury selection is expected to begin Tuesday with the trial lasting no more than two weeks, said Skale.
