Jasper continues to balk at Healthy Dubois County biomass discovery requests

Jasper — Attorney Bill Kaiser, special counsel for the City of Jasper, informed the Jasper Utility Service Board that the discovery phase of the second trial regarding the volunteer group meetings will move forward more quickly now that the case management hearing has occurred.

Kaiser made a similar statement in January after the Indiana Court of Appeals reversed and remanded Judge Lucy Goffinet’s decision in November of 2012. Since then, attorneys representing the City of Jasper and the Utility Service Board have balked at allowing depositions to take place based on the extent of requests from Healthy Dubois County’s attorneys.

Kaiser told the service board last night that Healthy Dubois County has made over 400 requests for discovery, but Healthy Dubois County parries by explaining that number includes multiple requests from multiple sources for the same information.

Kaiser also stated that they have not complied with the requests due to them being outside of the scope of the volunteer group meetings in question in the case. HDC contends that the appellate court’s decision to allow the second amendment to the original complaint filed in August of 2011 encompasses the requests for discovery Kaiser is referencing.

The volunteer group only became apparent during depositions that Jasper allowed to take place in December 2011; less than two weeks before the trial.  Healthy Dubois County requested an amendment to their original complaint to include discovery regarding this newly discovered volunteer group but was stymied from exploring those groups further when that amendment was denied by Judge Goffinett. Goffinet subsequently ruled in favor of Jasper.

HDC  then filed an appeal to that decision based on the the partially denied second amendment for discovery and the denied amendment to explore the role of the volunteer group in greater detail.

The Indiana Court of Appeals saw merit in HDC’s appeal and reversed and remanded Judge Goffinet’s decision due to concerns it had in the volunteer group’s role in the decision process. The court was concerned enough that in the decision they stated further discovery was warranted due to the possible decision-making role the volunteer group took as well as the fact that Judge Goffinet thought the volunteer group meetings were open to the public (they weren’t).

Here is a story on the Indiana Court of Appeals decision.

At this point, HDC’s exploration of the importance and role the volunteer group took in the lease decision is stalled as Jasper refuses to answer any requests about biomass or the volunteer groups in question. Additionally, Jasper has sought protection from the extensive requests by HDC through the court.

The second trial was scheduled for Jan. 14–15 after attorneys for HDC requested several months to conduct the appellate court’s ordered discovery. The trial will occur at the Dubois County Courthouse with Knox County Judge Sherry B. Gregg Gilmore presiding.

Judge Gilmore has not made a decision regarding the protective order Jasper is seeking and is allowing herself more time to examine the case before making a decision on how to proceed. A meeting is scheduled for July.