Archive for March, 2012

OLG Supreme Court Remand Update

We reported earlier that on December 13th, Judge  Lucci issued an order requiring our attorneys and  the state to discuss resolving or narrowing the  remaining outstanding issues after the Supreme  Court decision. A 60 day window was set to  complete this process.
Our attorneys provided a detailed proposal to the  State on November 9th.  Following discussions,  including phones calls with ODNR attorneys and a  face to face meeting with ODNR and its attorneys, the state replied in writing on January 30.As very little progress was made in our discussions with the ODNR and the AG, on February 3rd, we requested that Judge Lucci set a schedule for the remainder of the lawsuit.

ODNR has now requested that we once again engage in settlement talks for another 30 day period.

As recent communications with ODNR suggest that this second set of talks may be more fruitful, we and the ODNR are going to request a 30-day extension from Judge Lucci.  If these discussions are not productive, we will have only lost 30 days, and will move forward as expeditiously as possible to recover our legal fees and damages.

Because the nature of these talks is highly confidential, we cannot report any detail about what is discussed.  In fact, even Judge Lucci is not made aware of any of the specific discussions.  If we reach an agreement with the ODNR, only then would Judge Lucci be informed of the agreement.

Rest assured that as soon as we can report more to you, we will.

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