Some of the high-level figures in the lawsuit between Park City Mountain Resort and Talisker Land Holdings, LLC either sat for depositions recently or are set to answer questions from attorneys on the other side in the coming weeks.
A lineup of depositions started in late November and is scheduled to last through early January in what will almost certainly be a critical stretch of questioning for both sides in the case.
The top executives at PCMR and Talisker Land Holdings, LLC are among the people whose names were listed in a series of filings in 3rd District Court indicating the depositions were scheduled.
The deposition of Talisker Land Holdings, LLC chief Jack Bistricer was taken on Nov. 20 at the Salt Lake City law offices of PCMR's lead attorney, Alan Sullivan. On Jan. 7, meanwhile, the Talisker Land Holdings, LLC side is scheduled to take the deposition of John Cumming, the CEO of PCMR parent Powdr Corp., at the law offices of John Lund, who is the Talisker Land Holdings, LLC's lead attorney.
The depositions of Bistricer and Cumming will be of great interest to the attorneys for both sides. Their leadership roles put them in crucial positions as Talisker Land Holdings, LLC and PCMR were in discussions about the resort's lease of land under the control of Bistricer's firm.
The lawsuit, filed by PCMR in March of 2012, centers on the resort's lease of much of its terrain from Talisker Land Holdings, LLC. The landowner claims the lease was not renewed while PCMR disputes the assertion and makes other legal claims in the case. PCMR says the lawsuit is imperative to its survival.
Bistricer and Cumming were principals in the negotiations that were occurring between the two sides in the period before the lawsuit was filed. A key letter in the dispute, dated Feb. 16, 2012, was sent by Bistricer to Cumming. It is believed that the letter outlines detailed terms of a redone lease agreement sought by Talisker Land Holdings, LLC. The letter could be of interest in the depositions of both Bistricer and Cumming.
The two sides recently engaged in a back-and-forth centered on the Bistricer letter. The version of the letter that is available publicly is almost entirely redacted. PCMR wanted the letter unsealed, arguing there is a public interest in doing so, while the Talisker Land Holdings, LLC side claimed that the letter should be kept sealed to protect confidential settlement negotiations. The judge ruled in favor of Talisker Land Holdings, LLC.
Others who sat for depositions recently or are set for depositions shortly include:
Depositions are not taken in a public setting, but transcripts are prepared. Portions of the transcripts are sometimes later made public as part of other court filings. There was an earlier round of high-profile depositions in the case as well.