Case: 25CH1:19-cv-00782 Document #: 3 Filed: 06/25/2019 Page 1 of 6

IN THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT

OF HINDS COUNTY, MISSISSIPPI

IN RE: CITY OF JACKSON

WATER BILLING SYSTEM CIVIL ACTION NO.: G-2019-782 G/2

DEFENDANT’S MOTION TO DISQUALIFY

PLAINTIFFS’ COUNSEL AND FOR A PROTECTIVE ORDER

COMES NOW THE DEFENDANT, the City of Jackson, Mississippi (“City”) by

and through duly appointed counsel and files its Defendant’s Motion to Disqualify

Plaintiffs’ Counsel, and for a Protective Order, and in support of said motion would show

the following:

1. In clear violation of Rules 1.9 and 1.11 of the Miss. Rules of Professional

Conduct (MRPC), Pieter Teeuwissen, the former City Attorney, is now representing the

Plaintiffs in a substantially related matter in which the Plaintiffs’ interest are materially

adverse to the interest of his former client(s) (i.e., the City, the governing authorities, and

other City officials) without their informed consent. Teeuwissen, was the City Attorney

for the Defendant City of Jackson, Mississippi between July 1, 2009 and September 30,

2013. During that period, he represented the City of Jackson, Mississippi in virtually all

aspects of the Performance Contracting Agreement (“the Agreement”) between the City

and Siemens Industry (“Siemens”) which is at the core of both this litigation and the lawsuit

in the Circuit Court of Hinds County1 initiated by the City against Siemens. Teeuwissen,

personally, and attorneys under his direct supervision and control were involved in the legal

review, negotiation, and approval of the Agreement for the Mayor’s signature. Further,

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The City of Jackson, Mississippi recently initiated a lawsuit against Siemens Industry, Inc, as well
as other persons, alleging various claims. Those claims have not been adjudicated.
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Teeuwissen was directly responsible for negotiating amendments to the Agreement on

behalf of the City on no less than two subsequent occasions. In addition, Teeuwissen was

responsible for providing legal support in making certain the terms of the Agreement were

enforced. Teeuwissen has not been screened off from the matter, but has rather taken a

front row seat in representing Plaintiffs against his former client in regards to an agreement

which he himself played a key role in advising the governing authorities and other City

officials, and personally negotiating subsequent amendments.

2. Plaintiffs’ attorney Anthony R. Simon was the City’s co-bond counsel on

the bond issue authorized and initiated by the governing authorities specifically for the

purpose of funding the Agreement. In clear violation of Rule 1.9 of the MRPC, Simon is

now representing the Plaintiffs in a substantially related matter in which the Plaintiffs’

interests are materially adverse to the interests of his former client, the City, without its

informed consent. Further, pursuant to Rule 1.10 of the MRPC, the circumstances requiring

the disqualification of Teeuwissen are imputed to all lawyers associated in the firm, which

would include Simon.

3. Plaintiffs’ attorney Jeffrey M. Graves has likewise associated himself with

the firm of Simon & Teeuwissen, PLLC in this matter. Therefore, he is also subject to

disqualification under Rule 1.9 of the MRPC. In addition, Graves has no doubt been privy

to confidential and privileged information that both Teeuwissen and Simon would have

gained from their City clients during private consultations and executive sessions.

4. It is likely that subsequent to the filing of this motion, Plaintiffs’ counsel

will intensify the exchange of the privileged and confidential information to each other;

therefore, disqualification of all of Plaintiffs’ counsel is appropriate and necessary.

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5. The allegations in this Motion to Disqualify are supported by the following

evidence listed below and attached hereto as Exhibit “A” through “K”, and specifically

referenced in the accompanying Memorandum in Support of Defendant City of Jackson’s

Motion to Disqualify Plaintiffs’ Counsel and for a Protective Order:

A. Order Confirming the Mayor’s Appointment of Pieter Teeuwissen as City Attorney,

City of Jackson, Mississippi, approved and recorded in minutes from the Special
Meeting of the City Council held on Tuesday, November 3, 2009.

B. Order Authorizing the Mayor to Execute an Energy Performance Contract with

Siemens Industry, Inc. Subject to the Approval of the Energy Division of the
Mississippi Development Authority, approved and recorded in minutes from the
Regular Meeting of the City Council held on Tuesday, October 16, 2012. Book 6C,
Page 36-37.

C. Order Reserving the Right of the Jackson City Council to Approve All Final Terms
of the Energy Performance Contract with Siemens Industry, Inc., approved and
recorded in minutes from the Regular Meeting of the City Council held on
December 11, 2012. Book 6C, Page 166-167.

D. Order Employing Bond Counsel for the Issuance of the 2013 Street Resurfacing
Bonds, approved and recorded in minutes from the Regular Meeting of the City
Council held on March 25, 2013. Book 6C, Page 394.

E. Performance Contracting Agreement between City of Jackson, Mississippi and

Siemens Industry, Inc., Building Technologies Division (fully executed, on or
about, January 30. 2013).

F. Amendment No. 1 to Performance Contracting Agreement between City of Jackson,

Mississippi and Siemens Industry, Inc., Building Technologies Division (fully
executed, on or about, February 22, 2013).

G. Amendment No. 2 to Performance Contracting Agreement between City of Jackson,

Mississippi and Siemens Industry, Inc., Building Technologies Division (fully
executed, on or about, March 28, 2013).

H. Nave, R.L., “Troubled Water, Part II: The Origins of Jackson's $91 Million
Siemens Contract”, Jackson Free Press, published April 1, 2015,
http://www.jacksonfreepress.com/news/2015/apr/01/troubled-water-part-ii-
origins-jacksons-91-million/ . (last visited June 24, 2019; emphasis added).

I. Minutes of the meeting of the Board of Supervisors of Hinds County, Mississippi

held on September 3, 2013, at 9:00 A.M. wherein Pieter Teeuwissen was appointed

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Board Attorney and Simon, Teeuwissen and Banks Law Firm was hired as the legal
team for Hinds County http://www.co.hinds.ms.us/pgs/boardminutes/
docs/September%203,%202013.pdf (last visited June 24, 2019).

J. Excerpts from the “Bond Transcript” for the “$89,990,000 Mississippi

Development Bank Special Obligation Bonds, Series 2013 (City of Jackson,
Mississippi Water and Sewer System Revenue Bond Project) and $89,990,000 City
of Jackson, Mississippi Water and Sewer System Revenue Bond, Series 2013.

K. Excerpt from the minutes from the Special Meeting of the City Council held on
Monday, September 30, 2009, evidencing those present at the meeting, including
“Pieter Teeuwissen, City Attorney.”

WHEREFORE, PREMISES CONSIDERED, the City of Jackson Defendants

request that this court issue an order:

1. Disqualifying Pieter Teeuwissen. Anthony R. Simon, Jeffrey M. Graves, Simon &

Teeuwissen, PLLC, Graves Legal Services, PLLC, and their agents from

representing the Plaintiff, Victor Williams, in this cause of action;

2. Enjoining Pieter Teeuwissen., Anthony R. Simon, Jeffrey M. Graves, Simon &

Teeuwissen, PLLC, Graves Legal Services, PLLC, and their agents from providing

any further information and/or legal assistance concerning this cause of action to

the Plaintiffs, subsequent counsel for the Plaintiffs and/or any agents of the

Plaintiffs;

3. Enjoining Pieter Teeuwissen., Anthony R. Simon, Jeffrey M. Graves, Simon &

Teeuwissen, PLLC,, Graves Legal Services, PLLC, and their employees and agents

from making any statements to Plaintiffs subsequent counsel, the media or making

any statements in any public setting concerning the Performance Contracting

Agreement between Siemens Industry, Inc. and the City or related matters, without

first obtaining leave of this Court; and

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4. Assessing all costs of this proceeding to opposing counsel.

Defendant prays for such other and general relief, as this Court deems appropriate.

RESPECTFULLY SUBMITTED this the 25th day of June, 2019.

CITY OF JACKSON, MISSISSIPPI

By: /s/ Timothy Howard_______

Timothy Howard, MSB #10687
City Attorney for the City of Jackson, Mississippi

OF COUNSEL:
OFFICE OF THE CITY ATTORNEY
455 East Capitol Street
Post Office Box 2779
Jackson, Mississippi 39207-2779
601/960-1799 (office)
601/960-1756 (facsimile)

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CERTIFICATE OF SERVICE

I hereby certify that on this day I electronically filed the foregoing pleading or

other paper with Clerk of the Court using the MEC system which sent notification of such

filing to all counsel of record.

So certified, this the 25th day of June, 2019.

/s/ Timothy Howard_________________

Timothy Howard, MSB #10687
City Attorney for the City of Jackson, Mississippi

OFFICE OF THE CITY ATTORNEY

455 East Capitol Street
Post Office Box 2779
Jackson, Mississippi 39207-2779
601/960-1799 (office)
601/960-1756 (facsimile)

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