On Friday, Wright-Pierce filed a motion for leave to amend joint discovery The motion to amend joint discovery would extend the deadline for depositions from Oct 18 to January 6. The trial date would be moved from Feb 19 to April 7. Wolfeboro does not assent.
Wright Pierce says that more than 30 depositions will be needed, yet only one has been started and not completed. They say that Wolfeboro has postponed completion of that deposition as well as another due to an ongoing dispute about production of some email attachments.
Other reasons cited were activity on another large case in New York, WP’s attorneys moving to new offices, a family trip to Disney World in November and Wolfeboro’s attorney on vacation at the end of November. Not the most productive time of year.
For what it’s worth, WP says that Wolfeboro has been unwilling to submit to arbitration. No big surprise there. Wonder if that will change if the town doesn’t pony up another half-million in next year’s budget?
Another development that Dave Ford had hinted at awhile ago is that there appears to be some kind of remediation plan proposed by Wright-Pierce. Apparently there’s a meeting with NHDES tomorrow, Oct 7, to discuss whether what WP is proposing could be permitted. All along Dave Ford has been saying that what WP was proposing was illegal. Now, either this is something new, or some variant of the original proposal is starting to look more realistic. We should find out soon enough.
It’s hard to imagine why Wolfeboro’s attorneys would resist this motion to provide additional time to let the possibility of a relatively inexpensive solution be explored. I expect we’ll find out soon as Wolfeboro will probably file an objection this week.