Remember phone books? If so… you’re older than me

Pago Pago, AMERICAN SAMOA — An 8-year old civil suit between John Newton, dba Pago Pago Consultants, and American Samoa Telecommunications Authority that alleges breach of contract and willful breach of contract causing great damage, was called before the High court last week.

To date there is no trial date set in this matter.

This case is in relation to the printing and publishing of telephone directories which was filed in 2015. Newton is suing ASTCA in the amount of $500,000. 

Presiding in this matter was Chief Justice Michael Kruse; Newton is represented by Tala Uiagalelei while Daniel Mooney represents ASTCA.

As first reported by Samoa News in 2015 a 45-page claim was filed in the High Court whereas Pago Pago Consultants (PPC) claims that ASTCA was not supplying a list of its subscribers to allow PPC to fulfill its contract in a timely manner — to print and publish annually five (5) printed telephone directories for the public of American Samoa.

According to PPC, they have been the publisher of telephone directories and had a long-term relationship with ASTCA between the years 1999 and the end of 2010. During this time PPC produced five telephone directories under three contracts with ASTCA.

It alleges that on December 1, 2010, ASTCA entered into its fourth contract with PPC to publish five annual telephone directories for 2011-2015 for its service to the U.S.Territory of American Samoa.

“This contract was written by ASTCA and signed by ASTCA on November 30, 2010 and signed by PPC on December 1, 2010,” and has a termination date of December 1, 2015”

It states that while there is five months remaining on this Contract, the amount of time left is “insufficient” to prepare and complete a telephone directory from a list of subscribers that would be now supplied.

It is the lack of a list of subscribers from ASTCA that is at the heart of the ‘breach of contract’ states the lawsuit.

According to PPC, “the contract has been made impossible to perform even in a partial manner by ASTCA's continued refusal to supply PPC with its subscriber list.”

The last telephone directory provided to public by ASTCA was in 2008 done by PPC under a prior ASTCA contract.  The suit, based on PPC’s research, says that “in 2010 the subscriber land line count supplied to the federal government was determined to be 10,594. In 2011 it was 9,884 and in 2012 it was 9,318. In 2013 it was 9,175 and for 2014 it was 8,662.

As a result of this intentional breach of contract, PCC requests the court for direct, natural and foreseeable consequences of the actions alleged in the amount in excess of $500,000, as well as feasible attorney fees and costs.

The case called on Thursday was held via phone conference and the Chief Justice ordered both sides to file pre-trial conference briefs and reminded the parties to be mindful of the history of the case in preparing their briefs. 

This case has been pending since July 2015.