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Inhabitants of Town of West Bath v. Regional School Unit No. 1

Superior Court of Maine

July 10, 2014

INHABITANTS OF THE TOWN OF WEST BATH, Plaintiff
v.
REGIONAL SCHOOL UNIT NO. 1, CITY OF BATH, INHABITANTS OF THE TOWN OF ARROWSIC, and INHABITANTS OF THE TOWN OF WOOLWICH, Defendants

A. M. Horton Justice

This matter came before the court on July 8, 2014 for a status conference with counsel to discuss the future course of events in this case. Following the court's order on the motions for summary judgment, the court must address the continuing obligations of each of the parties, ADR, discovery, and scheduling issues. As discussed with counsel, the court orders as follows:

1. Towns of Arrowsic and Woolwich. The Towns of Arrowsic and Woolwich have both moved to be excused from this case following the court's order granting summary judgment in their favor on West Bath's equitable claims. Arrowsic and Woolwich will remain parties to this case for purposes of West Bath's declaratory judgment claim. However, the court has ruled that West Bath cannot recover directly from the Towns of Arrowsic and Woolwich. At their request, counsel for Arrowsic and Woolwich are excused from participation in and attendance at all future proceedings in this case.
2. Deadline for Mediation. As discussed at the conference, the court is ordering the parties to attend mediation. The parties must complete mediation by September 15, 2014. The court reserves the right to order the parties to attend a judicial settlement conference if mediation is unsuccessful.
3. Discovery Deadline. Discovery will resume immediately. The deadline for discovery is November 1, 2014.
4. Discovery Limits and Timing. The City of Bath, RSU 1, and West Bath have all moved to increase the default limit of five depositions allowed under the discovery rules. The City of Bath and RSU 1 will be allowed a combined total of 15 depositions. West Bath will be allowed a total of 12 depositions. No more than 5 depositions may be taken by West Bath and no more than 5 may be taken by Defendants before mediation is completed.
5. Conference of Counsel. The clerk will schedule a conference of counsel to occur in October in Portland for the convenience of counsel and the court. The court will address final scheduling issues such as timing for the exchange of witness and exhibit lists and any remaining issues at this conference.
6. Trial Dates. This case is set for a bench trial on December 1-5, 2014-. The parties shall provide the court with their proposed findings of fact and conclusions of law on the first day of trial.
7. City of Bath's Motion for Reconsideration. Counsel for the City of Bath has requested an enlargement of time to file a motion to reconsider the court's ruling on the issue of whether RSU 1 applied the proper cost-sharing formula during the four fiscal years in question. Bath's motion for reconsideration shall be filed by July 25, 2014. The court will notify plaintiff West Bath if a response to the motion is necessary.

Pursuant to M.R. Civ. P. 79(a), the Clerk is hereby directed to incorporate this Order by reference in the docket.


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