Lawsuit Update: The State Wants to Limit Our Access to Documents | Triangulator | Indy Week
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Lawsuit Update: The State Wants to Limit Our Access to Documents 

"More foot dragging."

That's how Mike Tadych— the attorney for the INDY and a coalition of media outlets and nonprofits suing the McCrory administration over its handling of public records requests—described the defendants' recent machinations in the case.

"[The defendants] have taken the position of, A, we have produced everything listed in your complaint, and, b, discovery is not appropriate in this public records case," Tadych says. "They're trying to claim the playing field to say it's very narrow, and once they produced the requested documents, there will be no further inquiry."

The state's position is that, until a judge settles on what documents are and are not available for review, the plaintiffs should get nothing.

Or in lawyer-speak: "We believe that the scope of discovery should be informed by the scope of the allowable claims," David Wright, an attorney for the Charlotte firm representing McCrory, wrote in an email to Tadych. "Until that scope is decided, moving forward with any discovery is premature in our view."

Needless to say, that's not how Tadych and his law partner, Hugh Stevens, see things. In their view, the administration is yet again engaging in delay tactics.

A hearing date on the discovery question is tentatively set for March 23. We'll keep you posted.

triangulator@indyweek.com

  • A hearing on discovery is set for March 23

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