EXCLUSIVE
After the two parties previously looked like they might be close to settling - the Peak/Citadel lawsuit is heating up - with Citadel charging that Peak is holding back on the discovery phase of the proceedings. Discovery is the process that allows two sides in case to size each other up and inspect any potential evidence in the case.
One filing notes the case was “dormant for a few months” while the parties tried to settle. It now appears the lawsuit is back in action after the judge in the case told the two sides to put up or shut up last month.
Citadel’s attorneys say the made requests for discovery was made in July - and that Peak is holding back on a number of fronts.
- Info on Peak’s customers
- Details of Peak’s financial standing in Boise and Fresno
- Info on payments made to several of the co-defendants in the case (likely Kevin Godwin, Mike Sutton, Todd Lawley, Rick Stewart et al)
- Citadel wants to inspect computers owned by Peak accessed by those defendants
- Information on the recruitment of the defendants by Peak
- Other information that is incomplete
The document filed by Citadel says Peak objected to all but two of its requests - with more than 200 objections by Peak to Citadel’s 68 requests.
In August, Peak agreed to provide additional material, and Citadel said it would cut down its overall request. By December, Citadel still wasn’t happy with Peak’s responses - and is now asking for an appearance in front of the court to hammer out the issues - and has filed a Motion to Compel, and is additionally requesting Peak pay for fees connected with that motion.
Citadel says its requests for things like inspection of the computers and the inspection of the employee’s personell files was deemed “irrelevant” by Peak.
One request was for Citadel to be informed of any person that Peak tried to hire in Boise for a specified amount of time. Peak’s response? They sent over a phone list. As Citadel said in its motion “this response appears incomplete.” Idaho Radio News has obtained the phone list - it is dated August 6 of 2007.
Peak also denied a number of requests, based on the grounds that the company did not exist prior to November 9, 2006. While that is technically true - IdahoRadioNews.com previously reported that the company began a series of activities before the November 9th date. Citadel charges that Peak is trying to “hide behind” the formation date to conceal information.
on Dec 24th, 2007 at 3:36 am
Ever get the feeling that the lawyers in this case are stonewalling to drag this out to make as much money for THEMSELVES as possible?
There is an old saying…consider for a moment the following…(and do this with a Rod Serling voice…)
“One lawyer in a town will go broke….two lawyers will clean up!”
Yes, lets make all that sales revenue data PUBLIC… then your competition can have some fun down at the courthouse reading your business affairs…..
on Dec 24th, 2007 at 11:29 am
I believe the term is “billable hours”.
on Dec 24th, 2007 at 12:11 pm
The sales data would very likely be sealed - therefore not public. In this instance, from reading the extensive documentation in the case - I don’t think the lawyers are just dragging things out. Citadel says it needs to see things that Peak obviously doesn’t want to divulge - and the two sides tried to settle before the judge put the heat on.
on Dec 24th, 2007 at 12:56 pm
Seems to this simple layman that the entire matter is not very productive either in terms of time or money. When all is said and done, nothing will really nave been gained except to have made a bunch of lawyers even more wealthy.
You have to know when to cut your losses. That applies to business and personal issues as well.
on Dec 24th, 2007 at 10:21 pm
Shut up….Sell some spots and play some music!
on Dec 25th, 2007 at 3:25 pm
Let’s lock Citadel’s chairman and their lead lawyer and Peak’s chairman and their lead lawyer into a titanium steel cage and let them battle this out WWE style. No judges or referees. Just the four of them battling it out until one party surrenders or is beaten down.
We complain about first graders being unable to settle issues and then we have adults who act the same way. Grow up, settle the issue maturely, and quit padding lawyers pockets while simultaneously decreasing the quality of radio in the Boise market. No wonder Boise radio is starting to suck big time.
on Dec 25th, 2007 at 5:06 pm
Well put Buster. And in regard to what Ray M was saying I agree. If “people” would have lowered their male hormone levels a tad, and spent the money on programming, promotions and people- EVERYONE listener, shareholder, advertiser, employee and others would have been much better off in the long-run. But dont let common sense and cool headedness get in the way.
on Dec 25th, 2007 at 6:13 pm
Mark Twain once said, “Common sense is not so common.” This country needs to return to finding our sense of what is common and using the guidelines of commonality, goodness, badness, rightness, and wrongness to guide us in making decisions and settling problems instead of fighting like illogical first graders.