Judge Michael Oster ordered lawyers for the speeders to produce a spreadsheet listing all drivers who are due refunds. The list, he said, was to be submitted within 30 days of his order, which was issued Feb. 8.
To get that list, the lawyers said they planned a deposition on Feb. 16 with the village employee who is in charge of such records.
That would be Fiscal Officer Belinda Ricketts, but the village has told lawyers she is unavailable on that date.
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They say under the rules they should have been given 28 days to produce the documents — which would exceed Oster’s deadline — but agreed to hold the deposition on Feb. 27.
“The village will work with plaintiff and produce relevant responsive documents in its possession, but it is unable to do so within plaintiffs’ foreshortened time period and in fact cannot comply with that period,” New Miami’s attorney James Englert wrote.
One of the attorneys for the speeders, Josh Engel, said this is just another delaying tactic by the village and its attorneys.
“We do not intend to let New Miami push back any of the judge’s deadlines,” Engel said. “The court has ruled that people are entitled to refunds and we believe that these should be paid, plus interest, as soon as possible.”
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