BLD Transfer Station v. Paulding.com

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Last updated on May 6th, 2009

Formal request for subpoena made

The folks at Bentley and Bentley made their formal request that the court compel the production of documents in a filing on Nov. 18th. I received the documents today via first class mail in a package mailed Nov. 25th. Inside that package was another package, unopened, that had been returned to the Marietta law firm with non-deliverable address and a postmark dated Nov. 18th.

I'm adding the document which asks the court to reimburse the law firm for their costs due because of my presumed non-compliance with their formal requests.

Their brief stating why the court should compel my production does acknowledge that Paulding.com is a news gathering agency and seeks to argue to the court that the factual material gained in covering a city council meeting attended by close to 100 residents can not be obtained any other way.

they argue that "One of the central issues in this case deals with Plaintiff's allegations that the city of Dallas ... succumbed to undu influence by the community opposed to Plaintiff's application for rezoning and that certain comments made by defendant's evidences such influence. The evidence in Paulding.com's possession is likely to shed considerable light on a key issue in the case ... and is necessary to the swift disposition of this case and is in the interests of justice."

At present there has been no specific aid provided by any attorney on behalf of paulding.com.

The motion to compel production of 3rd party documents and a request for attorney's fees incurred in obtaining those documents is now before the court.

GP Hughes

It is over ... and it is moot. Plaintiff drops suit

After filing the reply in December, I checked in January and February for a ruling or some other disposition. Nothing.

Didn't get around to checking in March as the entire court facility was moving that month to a new facility and was no longer right across the square from my office.

Checked in mid-April and discovered that in late March the attorney's for the plaintiff asked to withdraw the suit without prejudice making the above mentioned motion for production moot.

GP Hughes

Well done!

Congratulations, Pat.  It was too long in coming, but a great result nonetheless.

   
 
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