Citadel says Peak is trying to hide vital info in lawsuitDon Day | December 24, 2007
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.