The Judge Asked For Forty Five Offers And Received None
Part 5 · 3 min read ·
Ellen had not seen Colin's declaration before we reached court. Dana handed her a copy in the aisle.
"When did these offers go out?" Ellen asked.
"Yesterday afternoon," Sterling's new lawyer said.
Ellen called Celia, who was waiting downstairs. She had come at Ellen's request to describe the loading delay and her shift's instructions.
Now Ellen asked her to bring any employment papers she had received.
Celia came upstairs with an empty company envelope.
Inside was a letter telling her that future employment details would follow closing.
"That's all they gave us," she said.
The judge began with the equipment.
She asked Ellen which assets her request covered. Ellen gave the twelve serial numbers and the signed schedule. She asked Dana whether the company disputed that list.
"No, Your Honor."
Then she asked whether River Measure had received the payoff.
"Funds are available in counsel's escrow," Sterling's lawyer said.
"Was payment transmitted to the lender?"
"Not yet. We sought a simultaneous exchange."
The judge made a note.
"Then I have no completed payment to evaluate today."
She turned to the shipping order.
"Why was this equipment being moved before the exchange?"
Sterling's lawyer said the company had planned safe storage. Ellen showed that the purchase schedule described the equipment as installed and available for buyer inspection at the Grand Rapids site.
The judge asked for the written storage authorization.
There wasn't one from us or from Lantern Field.
Next, Sterling's lawyer argued that we had blocked a ready sale for personal reasons. He handed up Colin's declaration about the employee offers.
"These supposed conditions have already been met," he said.
Ellen stood.
"We received that declaration twenty minutes ago. We have requested the actual offers since Tuesday. None have been produced."
The judge looked toward Dana.
"Do you have them?"
Dana opened her folder. She removed a sample letter.
It had no employee name. The wage field was blank. It promised no fixed term.
"This is the form provided to me," she said.
The judge read it.
"This doesn't support the declaration."
Colin sat very still behind his lawyers.
I could hear a pen rolling across the clerk's desk. For months, I had asked questions over compressors and cooling fans. Here, with no machine noise at all, the missing answer seemed louder.
Ellen slid the original request for the offers across the table. Its receipt showed that the company had acknowledged it two days earlier.
With the judge's permission, Ellen called Celia. She gave her name, described her role, and identified the letter in her envelope.
"Was that an offer of eighteen months of employment?" Ellen asked.
"It said details would follow."
"Did it state your wage?"
"No."
"Your health contribution?"
"No."
Sterling's lawyer asked whether Celia had spoken to all forty-five workers.
"No," she said. "I can tell you what I received."
I loved her for stopping there.
The judge did not decide the whole case that afternoon. She ordered the twelve listed assets kept at the factory for ten days, with no sale or removal without further agreement or court order. Both sides had to preserve the relevant records.
She set a prompt return date and required an inventory report.
"The employment contract issues may need fuller review," she said. "This order preserves specific collateral. It does not appoint the lender to manage the business."
Then she addressed the declaration.
"Counsel will investigate this statement and file any necessary correction promptly. I expect support for factual claims made in this courtroom."
Her voice stayed level. That made the warning worse.
In the hall, Sterling passed close enough for me to smell his sharp cologne.
"You got your little delay," he said.
Mae stepped out behind him.
"I got a problem with your disclosures."
He stopped.
"Our bank paused its financing review," she said. "We won't close on two sets of facts."
"These people are trying to hold you hostage."
Mae held up the sample offer.
"You told us there were forty-five signed versions of this. Get me one."
He walked toward the elevators.
Hugo and I went back to the factory with a copy of the order. The rigging crew had already removed its skates. We completed the inventory beside the plant manager, checking each serial number twice.
At the last stand, I found my blue chalk circle smeared by a moving strap.
I redrew it.
"Still the same bearing?" Hugo asked.
"Still the same bearing."
The rigging company sent its canceled-move bill to Cinder Vale. We gave the workers the court order's plain meaning: the equipment would stay while the documents were checked. No one had won a lifetime job.
Outside, my phone rang with an unfamiliar number.
"Francesca Moretti?" a woman asked. "This is Ruth Ansel, chair of Cinder Vale's board. I need to hear what Sterling left out."