Category Archives: RIB Lawsuit

The last big event was the motion to amend the lawsuit to include allegations of fraud.  This was a big deal for Wolfeboro because it upped the ante considerably by opening the door for treble damages.  With a claim of … Continue reading →

I see that the Grunter has published the URL for this blog as part of their coverage of the last Selectman’s meeting.  For anyone looking to read the arbitration/mediation mia-culpa, you can find it here.  But hopefully there will be … Continue reading →

So today Wolfeboro filed their objection  to WP’s motion to continue and extend deadlines.  They’re not opposed to extending the deadlines for discovery and the trial, after all, it’s critical that some of this work be moved to the next … Continue reading →

That’s what the town has told Wright Pierce with regard to the RIB site.  Keep Off!  WP wants to have a wetlands expert look at the site to address concerns of the NHDES that the slope stabilization plan recently reviewed … Continue reading →

Tonight I attended the Selectmen’s meeting and during the public question/comment period, I got up to ask

WP has filed a new (amended) motion to continue and extend deadlines, and it contains some interesting developments.  Recall my post earlier this month where I suggested that there may be a way to remediate the problems at the RIB. … Continue reading →

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 … Continue reading →

On August 30, Wolfeboro filed their Amended Complaint to include allegations of fraud and a request for treble damages under NH RSA 358-A.  Yesterday, WP filed their  Response to the Amended Complaint. No big surprises here.  Like the amended complaint, … Continue reading →

Wolfeboro’s attorney filed the actual amended complaint today.

Today the court granted Wolfeboro’s long argued motion to amend it’s original complaint to include allegations of fraud and seek treble damages.  Wolfeboro was denied the new claim of Fraud in count VI because it “failed to allege all elements … Continue reading →

At the Selectmen’s meeting Wednesday, Dave Ford told the Selectmen that he is working with Wright-Pierce on an inexpensive fix for the RIB.  There were no details except to say that the lawsuit is still ongoing. WP’s past proposals have … Continue reading →

As anticipated, WP has filed an Objection to Wolfeboro’s request to supplement the amended complaint.  WP starts out by saying that Wolfeboro is briefing this motion “Ad Infinitum”.  They say that the amendment process has run it’s course with the … Continue reading →

Today Wolfeboro, with assent from WP, filed a request for an extension to the deadline for admissions.  Admissions are a form of discovery where one party submits statements to the other which the other must either admit or deny.  Wolfeboro … Continue reading →

Today I got an update on how much the Town has spent to date this fiscal year on the RIB lawsuit.  As of their last billing on June 14, the total is about $230,000.  The town has budgeted $500,000 through … Continue reading →

As expected, WP filed it’s sur-reply memorandum right after being granted leave to file.  Shortly afterward, Wolfeboro filed a motion to supplement the amended complaint to supplement the complaint with some emails that they say were recently produced by the … Continue reading →

Today the court granted WP’s motion to file their surreply memorandum in response to Wolfeboro’s reply to WP’s objection to Wolfeboro’s motion to file an amended complaint.  Are you still with me here? WP must file within 48 hours and … Continue reading →

As expected, Wolfeboro has filed their Reply to objection to amend.  Skimming the new filing, it is substantially the same as the memorandum that they filed with the motion for leave to reply filed on June 12th.  Still outstanding is … Continue reading →

Today, the Friday after 4th of July, the court granted Wolfeboro’s “Motion for Leave to File Reply Memorandum in Response to WP’s Objection to Plaintiff’s Motion for Leave to Amend“.  The proposed reply brief was filed with the Motion for … Continue reading →

WP has filed their surreply memorandum response to Wolfeboro’s response to their objection to Wolfeboro’s motion to amend the complaint.  It’s called a surreply and as I understand it must be very brief.  It is. Their argument is more defined and … Continue reading →

I’ve had some time to go over the ongoing filings in the RIB lawsuit, and talked to a few people, and here’s my take. This motion to include allegations of fraud with associated treble damage is the whole ball game … Continue reading →

I’ve only skimmed the Response to objection to amendment and Response to objection to amendment exhibits.  As expected, our attorney responds point for point.  I’ll post my comments when I have more time to read it thoroughly, but the bullets seem … Continue reading →

I don’t know who is showing keen interest in these latest postings concerning the RIB lawsuit, but the traffic has been high and it doesn’t look to be the usual suspects.  Judging from the stats that I get, there seems … Continue reading →

I’ve been going over the Startup Field log that WP used to support their contention that the Town was overloading the RIB at up to 2 million gallons per day.  The thing is barely legible, and I don’t quite understand the … Continue reading →

Yesterday, attorneys for defendants Wright-Pierce filed a response to Wolfeboro’s motion to amend to include allegations of fraud.  Unlike their objection to the initial denied motion, they have included some substantial new elements of their case. You will recall that … Continue reading →

Our attorneys have resubmitted their amended complaint, near as I can tell unaltered, with an updated memo of law that presumably now addresses what the court said was the applicable law.  We’ll see how this goes. WP will no doubt … Continue reading →

Today Wolfeboro, with assent of WP’s attorneys, has filed a motion to extend deadlines for a 5 month delay of everything.  Citing that this trial involves “complex engineering issues” and the claim that there are over 100,000 documents to review.  I … Continue reading →

That’s how Wright Pierce’s attorney’s characterized Wolfeboro’s attempt to amend their lawsuit to include allegations of fraud.  Their objection lays-out our attorneys, chapter and verse,  for “cherry picking” emails and advancing allegations based on “pure speculation and innuendo”. Additionally, they … Continue reading →

Today, the court rejected Wolfeboro’s request to amend the complaint against Wright Pierce engineers to include allegations of fraud.  The ruling gets pretty technical in describing the various requirements for amending the complaint, but what I get out of it … Continue reading →

Today, Wright Pierce’s attorneys filed an objection to the amended complaint filed by Wolfeboro.  You will recall that the modeling consultant that was hired by WP to model the site mentioned to the WP engineers that there was something not … Continue reading →

I keep reading those WP emails, trying to see the deceit and dishonesty that our attorneys find there.  Maybe if you know the WP engineers, or have access to other evidence, it’s obvious, but strictly reading the emails that they … Continue reading →

The town is filing an Amended Complaint in the RIB lawsuit that contains a new Allegations of Fraud.  In the process of discovery they have reviewed Wright Pierce’s  (WP) emails, included as Amended Complaint Exhibits, and seem to feel they have … Continue reading →

The latest on the RIB lawsuit is that the defense law firm of Donovan Hatem LLP just noticed two additional attorneys to their team:  Kelly Martin Malone, a partner and seasoned litigator, and Matthew Lenzi, an associate who is also … Continue reading →

Today I received more information from the town about the RIB lawsuit.  As it turns out, they do have the flow rates for the first three weeks, as well as a written description of how and why they feel they … Continue reading →

I got the records of flow to the RIB during the first three weeks.  Here’s a graph from the RIB Worksheet data: After that, the daily flows vary between practically nothing, and several days of similar high flow rates.  This goes … Continue reading →

We’ve all heard it before: “I’ll sue you!”. A wise lawyer once told me that people who say that have never tried it. The same lawyer also says that civil suits often have nothing to do with being right. A … Continue reading →

This lawsuit has been a sleeper as far as discussion is concerned.  Aside from a brief article recognizing the filing, there has been zero reporting of the issues or developments in the case.  At the Deliberative Session a few weeks … Continue reading →