Today, the court finally ruled on Wright-Pierce’s motion to reconsider the court’s refusal to extend the period to supplement expert testimony. That’s a mouthful, but what it boils down to is that Wright Pierce’s experts, Haley and Aldrich, inc., had developed a remedial plan for the RIB site that they claimed could make Wolfeboro whole by restoring the site to the originally permitted capacity. The court has struck the plan from the record and will not allow Wright Pierce to introduce any expert testimony about it.
That’s a big deal for the Wolfeboro team, and may well represent a turning point in the disposition of the defense and open the door for a large settlement.
In reading the order, it looks as though Wright Pierce’s attorneys have been incredibly inept at advancing their case. In the court’s explanation, it cites repeated instances of where their motions and arguments were filed too late or as new arguments where only rebuttals are allowed.
The court also takes issue with the fact that Wright Pierce didn’t produce the remediation plan until five months after the deadline for supplementation of expert testimony.
At this point, Wolfeboro has said they will not mediate, and wants a large settlement of everything the town has spent. I think that’s somewhere in the $7 million range. Absent the fraud and treble-damage amendment, Wright-Pierce would have had nothing to lose but attorney’s fees in going to trial over that. At this point, it’s hard to say exactly what will happen. If I were Wright Pierce or their insurance company, I’d look at this ruling and wonder if I’m getting my money’s worth from my attorneys.