Attorneys report progress being made in BCI lawsuit

Attorneys for both sides in the lawsuit that Allan Block brought against Block Communications Inc. told visiting Judge Jonathan P. Hein that progress is being made on certain aspects of discovery, and an October trial date is still within reach.

Initially calling Monday's proceedings a settlement hearing, Judge Hein encouraged the 11 lawyers in the room to continue talking. Robert S. Faxon, an attorney for BCI, was quick to chime in, commenting he thought the day’s hearing was a follow-up to the May 24 case management conference.

Judge Hein said he needed to know if a fall trial date was unlikely, as the time left for the court to classify the lawsuit as a “complex case” was ticking away. If classified as a complex case, the time for a resolution would increase from 18 to 36 months.

Both sides agreed they had been talking and had set a window “going back approximately one year” for producing documents. They were attempting to ensure the number of documents entered into evidence is “not too voluminous,” Mr. Faxon said.

When one defense lawyer raised concerns about the disclosure of certain personal financial records, Judge Hein asked if there was “any way we can get this done without a briefing?”

After off-the-record discussions in the courtroom at Judge Hein’s request, both sides went to separate conference rooms to discuss the case.

“I’m not going to mediate anything,” Judge Hein said, but he encouraged the lawyers to discuss a path forward. Over the course of the next 90 minutes, he visited Mr. Block’s attorneys twice and BCI’s attorneys once.

Allan Block filed a motion May 8 seeking a preliminary injunction to prevent the company, his brother John Robinson Block, and other members of the family from potentially selling the family business. Block Communications is the parent company of The Blade and Buckeye Broadband, among other companies.