Fairgrounds Seeks More Time To Respond To Plaintiff’s Motion
March 7, 2019 at 6:20 p.m.
Fairgrounds Seeks More Time To Respond To Plaintiff’s Motion
By David [email protected]
On Feb. 22, plaintiffs in the lawsuit – four homeowners on the lake and near the fairgrounds – filed a motion for partial summary judgment and a request for permanent injunction. The plaintiffs also filed a brief in support of both items.
On Wednesday, the defendant – the Fair – filed a motion for “enlargement of time” to respond to the plaintiff’s motion for partial summary judgment and request for permanent injunction. It asks the deadline for the Fair to respond to the plaintiffs’ motion be set to April 24. The deadline was March 25.
In support of its motion to extend the deadline, the Fair’s attorneys say that on Feb. 21 the defendant received the plaintiffs’ exhibits and that on March 22 Warsaw Mayor Joe Thallemer is giving his deposition in the matter. In light of the ongoing discovery, the Fair’s motion states it needs additional time to properly respond to the plaintiffs’ motion.
The Fair’s attorneys also state they contacted the plaintiffs’ counsel regarding the deadline extension and they did not object.
In May, Kosciusko County Circuit Court Judge Michael Reed enjoined the Fair from holding motorized racing at the fairgrounds while a lawsuit to halt the racing heads toward trial.
The fairgrounds began limited racing several years ago despite the decades-long agreement with neighbors that prohibited racing.
On June 12, a change of judge was granted and the case ended up with Elkhart Superior Court II Judge Stephen Bowers. Also on June 12, the Fair pursued an appeal of Reed’s preliminary injunction order.
On Dec. 20, the Indiana Court of Appeals issued an order affirming Reed’s May 16 preliminary injunction order. It was certified Feb. 8.
Both sides gathered for a mediation hearing Dec. 21, but could not reach a compromise.
On Feb. 22, plaintiffs in the lawsuit – four homeowners on the lake and near the fairgrounds – filed a motion for partial summary judgment and a request for permanent injunction. The plaintiffs also filed a brief in support of both items.
On Wednesday, the defendant – the Fair – filed a motion for “enlargement of time” to respond to the plaintiff’s motion for partial summary judgment and request for permanent injunction. It asks the deadline for the Fair to respond to the plaintiffs’ motion be set to April 24. The deadline was March 25.
In support of its motion to extend the deadline, the Fair’s attorneys say that on Feb. 21 the defendant received the plaintiffs’ exhibits and that on March 22 Warsaw Mayor Joe Thallemer is giving his deposition in the matter. In light of the ongoing discovery, the Fair’s motion states it needs additional time to properly respond to the plaintiffs’ motion.
The Fair’s attorneys also state they contacted the plaintiffs’ counsel regarding the deadline extension and they did not object.
In May, Kosciusko County Circuit Court Judge Michael Reed enjoined the Fair from holding motorized racing at the fairgrounds while a lawsuit to halt the racing heads toward trial.
The fairgrounds began limited racing several years ago despite the decades-long agreement with neighbors that prohibited racing.
On June 12, a change of judge was granted and the case ended up with Elkhart Superior Court II Judge Stephen Bowers. Also on June 12, the Fair pursued an appeal of Reed’s preliminary injunction order.
On Dec. 20, the Indiana Court of Appeals issued an order affirming Reed’s May 16 preliminary injunction order. It was certified Feb. 8.
Both sides gathered for a mediation hearing Dec. 21, but could not reach a compromise.
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