PCMR v. Talisker Corp.: why July 30 could be a critical day
July 16, 2013
Park City Mountain Resort and a firm under the Talisker Corporation umbrella are scheduled to appear in Third District Court in late July for a conference that could clarify the upcoming steps in a closely watched lawsuit that PCMR says is critical to its survival.
Attorneys for the Talisker Corporation side on July 11 submitted a two-page request for what is known as a Rule 16 conference. A Rule 16 conference provides the opportunity for the sides in a legal case to discuss a range of matters as a trial approaches. Topics during a Rule 16 conference could include timelines for the discovery process, a timeline for the filing of motions and setting a trial date.
The PCMR side agreed to the conference, the Talisker Corporation attorneys said in the filing.
The conference will be held in a public setting. It is scheduled to start at 1:30 p.m. on July 30. The filing indicates the conference will focus on "scheduling and case management."
"Such a conference with the Court will facilitate prompt and efficient resolution of the remaining issues in the case," the Talisker Corporation attorneys said in the filing, indicating that they want to discuss the discovery process in the case and establish a trial date.
The conference on July 30 could provide the best projection yet of the timeline of the case. The two sides will likely have the chance to engage Judge Ryan Harris in a detailed discussion about dates, including the possibility of either setting a trial date or providing an indication of when one might be scheduled.
The conference will be held more than three months after a document was filed in Third District Court outlining a schedule for the case starting in early 2013 and ending in March of 2014. In that document, filed April 24, the fact discovery process was set to be completed by Oct. 11 followed by expert depositions or reports through March 7.
The schedule outlined in the April 24 document called for mediation or alternate dispute resolution to be completed by March 7, the same date identified for a certificate of readiness for trial.
Alan Sullivan, the lead attorney for PCMR, has said he anticipates the schedule outlined in the April 24 document will be extended, possibly by months. The conference on July 30 could provide a more detailed and more current timeline for the case. Sullivan said a Rule 16 conference is "perfectly normal for cases."
Vail Resorts, which is handling the Talisker Corporation side of the lawsuit, does not comment about legal matters. Vail Resorts in May reached an agreement with Talisker Corporation to lease and operate Canyons Resort. As part of the agreement, Vail Resorts took control of the Talisker Corporation side of the lawsuit.
PCMR in the spring of 2012 filed the lawsuit, claiming that the Talisker Corporation side is attempting eliminate the resort as a competitor to Canyons Resort. The lawsuit centers on a dispute about whether PCMR in 2011 renewed two leases with a firm under the Talisker Corporation umbrella for most of the land where the resort operates.
The judge in November dismissed key points of the lawsuit. The two sides are pressing forward on the remaining points. What are believed to be the first subpoenas in the case were issued by the Talisker Corporation side in mid-June. They sought documents from Bank of America, a law firm and an accounting firm.