King did not, however, make any decision regarding the motion filed by the attorneys for Walco area residents to consolidate their private suit with a lawsuit filed on behalf of the city of Sylacauga. He said he would not be deciding on that matter until the Sylacauga City Council decides in what direction it wants to go with the suit.
The status conference lasted about 90 minutes.
King asked Birmingham attorneys Lee Gresham and Chris Hood, who represent the 12 Walco residents in the civil lawsuit against REEF, how long a discovery period they would need before the case could move forward. Discovery is the pre-trial phase where the two parties can obtain evidence from other parties or can compel the production of evidence by using devices like subpoenas and depositions.
Gresham said he felt they could be ready in 150 days and Montgomery attorney Wally Walker, who represents REEF in the private suit, said the attorneys would need a minimum of six months.
The attorneys and King agreed a trial in the case would take about two weeks to hear.
King also heard from Sylacauga city attorney Jerry Fielding and associate counsel Blake Lazenby regarding the municipal suit against REEF. The suit was filed on behalf of the city on May 1, asking "emergency, preliminary and permanent mandatory injunctive relief" against foul-smelling emissions citizens had alleged to the council were coming from the wastewater treatment plant site.
Though the language for the injunctive relief was in the complaint, King said at the conference that Fielding and Lazenby had not yet approached Judge Bo Hollingsworth, who was assigned the municipality's lawsuit against the plant and its CEO, about seeking an injunction or restraining order.
The consensus of the attorneys present at the conference was the two suits should be consolidated, if only for the discovery purposes.
"The city only wants one thing done (it) wants the odor affecting its citizens eliminated or minimized as much as possible," Fielding said.
Hood said the city has no evidence without consolidation because their case is relying on evidence in the plaintiff's case.
Walker said trying the case in front of two judges would be "impractical to deal with" and would not work.
One key issue with the consolidation is that while the city is suing for relief, the residents suing the company are seeking monetary damages, in addition to permanent relief.
Fielding said he felt he should bring the matter back to the City Council to see what avenue it would like to take with its suit in regard to the injunctive relief. He said the next council meeting is Tuesday, July 21, indicating he would speak with the body at that time.
King told Fielding to notify him in writing about the council's decision and he would wait seven days before ruling to allow responses from the defendant's attorneys.
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