Ex-funeral home manager files motion to compel in dispute with former employers

Amelia Flood Apr. 7, 2010, 8:17am

A former Herr Funeral Home manager enmeshed in disputes over his firing and use of a company credit card has asked a St. Clair County judge to compel his ex-employers to turn over documents.

Plaintiff Barry Wilson's March 11 filing is the latest action in the 2009 dispute.

Wilson originally sued Robert and Judith Herr and their funeral homes for firing him. The suit seeks damages of more than $50,000, attorney's fees and the lifting of a non-compete clause.

The Herrs then filed a countersuit against Wilson for allegedly misusing company credit cards to buy personal items including beer and a yoga set.

The March 4 filing alleges that the Herrs have not complied with Wilson's requests for documents.

Although the couple had tried to have the suit moved to Madison County, they withdrew that motion earlier this year.

The Herrs also changed attorneys. Originally represented by Christopher Byron and Brian Kalb, St. Clair County Circuit Judge Michael O'Malley allowed Belleville attorney Clyde Kuehn to take over the case Feb. 2.

A motion for summary judgment on one of the counts in Wilson's suit filed in late January remains pending.

The Herrs filed their opposition to the summary judgment Feb. 17.

Wilson is represented by Jill Rembusch.

The case is St. Clair case number 09-L-345.

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