Nothing has been placed on the docket concerning the ordered mediation session today. Wright Pierce has filed a proposed special verdict form that walks the jury through the various elements of the counts in the complaint in order to arrive at a verdict. No doubt Wolfeboro will have their own take on that.
WP also filed an objection to some exhibits that Wolfeboro has proposed. Most are correspondence between NHDES and Wolfeboro’s attorneys. WP’s primary objections allege that the documents are a veiled attempt to introduce NHDES statements as expert testimony, when the court has limited them to being fact witnesses.
Another document relates to recent reports by the town’s experts Fuss & O’Neill that were produced in February and April (actually Valentines Day and April Fool’s Day) of this year. Wright Pierce objects on the grounds that they are supplemental expert reports that were produced more than a year after the deadline for such supplements. They go on to argue that if those reports are deemed admissible, they should be allowed to offer the Haley & Aldrich remedial plan in rebuttal and their experts should be allowed to testify about it. Presumably they will also want to introduce a supplemental report that Haley and Aldrich produced recently in response to the late Foss & O’Neill reports.
And of course they close by reiterating their objection to Wolfeboro presenting evidence of damages without an expert. As yet there is no ruling posted concerning the outstanding objection of WP to Wolfeboro’s damage testimony, but this motion seems to be looking past an unfavorable result for WP.
Today’s objection is clearly something that WP has been working on for days, and they now follow through by filing it with the court. I suppose it’s possible that the mediation was fruitful and that a settlement is possible, but at least WP is not letting up.