BREMCO lawsuit dates set

A class action hearing date for May 25 has been set in the Blue Ridge Electric Corporation lawsuit against eight Ashe County residents, according to one of the more recent BREMCO suit documents on file at the Ashe County Clerk of Court Office.

According to a class certification scheduling order, plaintiffs Dr. Ritz C. Ray Jr., Samuel B. and Shirley Church, Russell F. and Ann Vannoy, Robert Warren Miller and Jerry W. and Dian P. Ray, served a motion for class certification, a brief and all other relevant case materials on March 4.

Also according to this scheduling order document, the defendant, BREMCO, is scheduled to serve its opposition brief, along with other supporting materials, to the plaintiff’s motion for class certification by April 18.

The Ashe County residents have until May 4 to identify and complete depositions of any expert witnesses on class certification. On May 16, they are scheduled to serve a reply to BREMCO’s opposition to their motion for class certification.

These dates stem from a February 23 dated motion to reschedule a class certification hearing. This document highlighted different events that occurred between Nov. 29, 2004 and Feb. 23, 2005.

One of the items highlighted was a conference call among Judge John R. Jolly, the plaintiffs and representatives for the defense.

“In correspondence sent in anticipation of that conference call, counsel for Blue Ridge outlined the substantial amount of discovery including written discovery, property inspections and depositions that needed to take place in order for Blue Ridge to have a fair opportunity to respond to the plaintiff’s motion for class certification,” the document said.

In February, counsel for BREMCO inquired in writing to learn whether or not the plaintiffs had intentions of filing a motion for class certification.

“Although plaintiffs have yet to file a motion for class certification and supporting material, based upon an original complaint served April 1, 2004 and an amended complaint served Oct. 15, 2004, they continue to take the position that a filing of their motion for class certification and supporting materials ‘anticipated next week’ is still ‘well in advance of the anticipated April 12 hearing’”

Other Filings

Filed on March 7 at the Ashe County Clerk of Court Office were BREMCO’s amended answer to the amended class action complaint and counterclaim

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