Updated Post (April 1, 2015): Sometimes there is a kind of attenuated slow-down of time in civil litigation. When there are dangerous errors or wrong-doing in civil litigation, the consequences sometimes can play out over months or years. It is as if you stumble over a trip wire, hear a click, you know you are now in a bad spot, but detonation might be months later… I wonder if someone might be dealing with those unsettling circumstances in the Fagen v. Exergy fight, which I’ve covered in several previous posts.
Defendant Exergy wants to add a new party to this long-running and intensely litigated dispute. Why the new party in this case that has been pending for more than two years?
Exergy has located and produced a series of promissory notes ($12 million worth) executed by the project entity, Big Blue Windfarm, LLC (which is owned by Plaintiff/ Counterdefendant [MET]) in favor of Exergy relating to costs paid by Exergy for the development of the Big Blue Project between 2006 and 2011. See Declaration of James T. Carkulis, filed concurrently herewith (“Carkulis Decl.”). “These notes were misplaced in the course of a large scale office move that resulted in documents being divided across multiple locations.”
Really? This case has been pending since October, 2012 and Defendant Exergy “found” $12 million in promissory notes related (apparently) to the subject of the litigation in October, 2014?