The first set of depositions in Park City Mountain Resort's lawsuit against a firm under the Talisker Corporation umbrella is scheduled in September, including what will almost certainly be a critical one involving PCMR chief Jenni Smith.
The Talisker Corporation side scheduled the depositions. Five people have been noticed that they must sit for a deposition. They are scheduled over the course of three days - Sept. 11, Sept. 12 and Sept. 13.
The schedule, according to notices filed in Third District Court at Silver Summit, is:
Each of the depositions is scheduled at the law offices of the firm Snow, Christensen & Martineau in downtown Salt Lake City. The Talisker Corporation's lead attorney, John Lund, is with Snow, Christensen & Martineau.
Depositions are not conducted in open sessions, but transcripts are taken. The transcripts are not required to be made public. As the case proceeds, though, portions of the transcripts could be released through other court filings. If one of the sides, as an example, wants to use a portion of a deposition to support a motion, that portion could be included in a court filing.
Vail Resorts, which is leading the case for the Talisker Corporation side as a part of its agreement to operate Canyons Resort, declined to comment about the upcoming depositions.
Alan Sullivan, the lead attorney on the PCMR side, said in an interview the depositions were anticipated as a normal part of the discovery phase of a lawsuit. During the discovery phase, the sides gather information through depositions and document requests.
"This is not at all unexpected," Sullivan said of the upcoming depositions.
Sullivan said the PCMR side will schedule depositions with figures on the Talisker Corporation side later. He declined to discuss which people will be scheduled for depositions.
The depositions are slated just weeks after a highly charged exchange between the two sides in letters to the judge centered on the date of a crucial letter that PCMR believed to be its notice of renewing the lease of Talisker Corporation land where the resort operates.
The questioning of the Snell & Wilmer attorney Jones on Sept. 12 could be especially important in the understanding of the recent letters and the dates in 2011 when the renewal notice was drafted and sent. The case centers on the renewal of the leases. The letter to the judge from the Talisker Corporation side mentioned Jones as being a key person in drafting the renewal letter.
The deposition of Smith will also be of special importance given her position as the president and general manager of PCMR.