12/19/2003
Plaintiffs’ attorneys have filed an Emergency Motion for Protective Order asking that the courts limit the number of depositions Dow can collect between Dec. 29 and Jan. 23. Dow attorneys have scheduled about 10 for each day except holidays.
"We believe there’s simply no reason to do 173 depositions at this point," said Jan Helder, lead counsel for the plaintiffs.
The information gathered would be used to decide whether litigants’ complaints are common enough that the case should be granted class-action certification. Helder said it would take only 10 to 40 determine the situations are alike: Each lives within flood plain boundaries declared contaminated by dioxin and each, as a result, has been exposed to dioxin.
Dow attorneys believe other factors should be considered, including recent findings that one couple suing the company was able to sell their home at a cost higher than its appraisal. That’s at least one home proven not to be "worthless," as plaintiffs had claimed.
Company spokesman Scot Wheeler said the motion requesting limits on the depositions is "unusual," because litigants had agreed to provide information and courts already have said Dow has a right to it.
"It appears to be a continued trend for them to dodge discovery," Wheeler said.
Helder said that’s not the case. "We believe it’s simply unnecessary."
Saginaw County Circuit Court Judge Leopold Borrello will hear the emergency plea on Monday at 1:30 p.m.