On June 28th, 2017, DeMonte filed in Jefferson County Circuit Court a Notice of Non Participation and Consent to be Bound by the Decision of the Circuit Court and does not intend to participate further. On July 17th, 2017 DeMonte withdrew his previous Notice of Non Participation and Consent.
Mediation has continued with all parties. Despite great effort by the mediator, no agreement has been reached with DeMonte. A conceptual settlement is being discussed with Anderson and the county has considered taking a “no position” by filing a pleading notifying the court that the County will accept whatever decision the court takes. On September 15th, 2017, the presiding Jefferson County Circuit Judge ordered the parties to formally meet and attempt mediation. The date of this meeting is yet to be determined.
In July, counsel prepared a Plaintiff’s Motion for Partial Summary Judgment to be filed in Jefferson County Circuit Court. This Motion focuses on the legal status of the EH Sparks trail. Because of mediation, the circuit court judge in this matter has placed a mediation hold on this filing until October 16th.
Randy Panek
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