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THE STATE OF NEW HAMPSHIRE

CARROLL,

SUPERIOR COURT

SS.

STARBRITE LEASING, iNC., ET AL.


V.

TOWN OF BARTLETT AND GENE CHANDLER, SELECTMAN


Docket No.

2-2015-CV-00032

DEFENDANTS' MOTION TO EXCUSE THE PRESENCE OF GENE CHANDLER AT


THE Aucusrl4.201s HEARTNG oR. IN THE ALTERNATIVE-]\4QTIQILTo
MORE TWO WEEKS INTQ fHEIUTUR
HEDULE THE HEARING
NOW COME the Defendants, Town of Bafilett and Selectman Gene Chandler
(collectively, the "Town"), by and through their attorneys, Donahue, Tucker & Ciandella, PLLC,
at the August 14,
and respectfully submit this Motion to Excuse the Presence of Gene Chandler

weeks into the


2015 Hearing, or in the Altemative, to Reschedule the Hearing no more than two

future. The Town states as follows:

1.

of
The Town respectfully requests that this Honorable Court excuse the presence

at 1 :30 p'm' as he
Gene Chandler fiom the hearing currently scheduled for August 14,2015
be unavailable on that date. In the altemative,

will

Mr. Chandler is readily available on a number of

Courl finds that Mr'


dates over tire next two weeks. To that end, to the extent this Honorable
to be heard on
Chandler,s presence will be helptul to the resolution of the matters scheduled
r eschedule that
August 14, 2015, the Towrr respectfully requests that this Honorable Courl

hearing to one of the dates set forth below'

2.

p.m' to
This Honorable Court scheduled a hearing for August 74,2015 at 1:30

to Dismiss' the Town's


take up a nurnber of different motions, namely, the Town's Motion
to Sanction'
Motion to compel the Appearance of counsel, and the Plaintiffs' Motion

DONAHUE, TUCKER & CIANDELLA, PLLC -

ATTORNEYS

AT

I,AW

oFFIcEsTNEXETER,PORTSMOL'THNDMEREDITH,NEwWPSHIRESoo.565'0506www'DTCnWYERS'CoM

3.

In the past, this Courl has commentcd that it would like to sec Mr. Chandler

appear in person at future substantive hearings.

4.

The matters to be heard at the hearing of August 14, 2015 do not appear to

necessitate the appearance of

Mr. Chandler. Instead, they take up the Town's Motion to

Dismiss, which focuses on the application of res judicata and collateral estoppel; the Motion to
Compel Appearance of Counsel, which takes up the nature of the Plaintiff s self-representation
and advisability to compelling counsel to appear on behalf of the

Plaintiff Furlong; and the

Motion to Sanction, which deals with certain actions undersigned counsel is taking in this matter.
None of these issues irnplicate the need for Mr. chandlcr to appear.

5.

ln connection with Mr. Chandler's political duties as a rankit.tg member of the

primaries render Mr'


New Hampshire House of Representatives, the impending New Flampshire

chandler unavailable on August 14,2015 and August 19 through21,2015.

6.

To the extent thc Courl will find it helpful, however, Mr. Chandler is more than

August
wiliing to appear for the hearing. Mr. Chandler and undersigned oounsel are available on
1

August 26, August 27 and


7, the mornir.rg of August I 8, August 24, August 25, the aftemoon of

the afternoon of AugusI28,2015'

i.

The Town sought the concurence of the Piaintiffs in this matter, but as of the

to the relief sought in


time of filing, the piaintiff Furlong has not indicated his asseni or objection
this

Motiol. In faimess to the Plaintiffs,

understgned counsel sent an email to the Plaintiff

by the aftemoon of
Furlong on the momtng of August 3,2015, and has not heard a response
Ausust 3. 20 i 5.

DONAHUE, TUCKER & CIA}iIDELLA, PLLC OFFICES IN EXETER, PORTSMOMH A{D MEREDITH, NEW WPSHIRE

ATTORNEYS

8OO-566'0506

AT

LAW

WM'DTCCWYERS'COM

WHEREFORE, the Town respectfully requests that this Honorable Court:

A.

Excuse the presence of Gene Chandler at the upcorning hearing on August 14,
201 5, or,

Dated

B.

In the altemative, move the hearing to any one of the afbren-ientioned dates; and,

C.

Order such furlher relief as is just and equitable.

f /
rhis -,) '.--

day o1'Auu"',. lrJl5.


Respectfull y submitted,

TOWN OF BARTLETT &


SELECTMAN GENE CHANDLER
By Their Attorneys.
DONAHUE, TIJCI{ER & CIANDELLA, PLLC

/jLL
lJ

Bv

Christopher T. Hilson, E,squire


NHB #t7116
225 Water Street
Exeter, NH 03833
(603) 778-0686
c h i I so n r?-ldtc i ar.v)rers. corr

CERTIFICATION

t(/
t-'-

l"rereby certify that a copy of the wrthrn Motion iras this


for-wardecl by first class mail, postage prepaid, to Edward C. Furlong,

_\'

.<-

of August, 2015, been


III, Pro Se Plaintiff.
drS,

Christopher T. Hilson, E,squtre

S: BA-BD,Banlcn. Town ol',Ftulong & Starbrite Leasing r,. (lhan4lcr-SC 2015',Pioadings\2015 08 03 Tou'n's Motion to Excrlsc the Presctrce ol
Gcne Chandler.docx

DONAHUE, TUCKER
OFFICES

IN

& CIANDELLA, PLLC -

EXETER. PORTSMOMH AND MEREDITH, NEW

ATTORNEYS

WPSHTRE 80O 566-0506

AT

tAW

WWW.DTCUWYERS.COM