Settlement of Woodriver Case at Hand?

Yesterday, a new motion was filed in Alaska’s first and only enforcement case against the owners of two wood-fired hydronic heaters, often called outdoor wood boilers.

Case Motion #33: Joint Motion for Entry of Stipulated Final Judgment and Order 7/22/2013

This is a joint request from the state of Alaska–the plaintiff–and the defendants (the Straughns) to Judge Jane Kauvar. It appears the state has reached agreement with the defendants to settle the case, Alaska v. Straughn.

Straight down the line, the state’s claims have been favorably received from the court. There’s no need for a trial if the state gets everything it wanted in the settlement agreement.

FROM THE STATE – all granted by the judge

Case Motion #1:
Motion for Preliminary Injunction

Case Motion #3:
State’s Motion to Strike Defendants’ Jury Demand

Case Motion #9:
Motion to Amend Complaint

Case Motion #19:
Motion for Discovery Sanctions and to Compel

Case Motion #21:
Motion for Expedited Consideration

Case Motion #25:
Unopposed Motion for Commission to Take Out-of-State Deposition of Jeff Hallowell by Telephone (Hallowell is president of ClearStak)

Case Motion #29
Motion for Commision to Take Out-of State Deposition of Rodney Tollefson by Telephone [Tollefson is VP of Central Boiler]

FROM THE DEFENDANTS – all denied by the judge

Case Motion #7:
Cross Motion to dismiss Claims for Restitution Under 46.03.810(b)

Case Motion #12:
Motion to Extend Deadline to File Joinder of Parties

Case Motion #14:
Motion to Vacate Pre-Trial Dates or, in the Alternative, Stay Proceedings

Case Motion #15:
Motion to Extend Deadlines for Replies to Defendants Motions to Dismiss and to Vacate Pre-Trial Dates, or in the Alternative, Stay Proceedings

Case Motion #28:
Motion for Reconsideration Regarding Motion for Leave to Add Additional Parties

>> Link: CourtView to follow Alaska v. Straughn, also called the Woodriver case, case number 4FA-13-01205CI

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When is “Dismantled” Just “Unplugged”? Newspaper Promotes Defense Fabrication

News-Miner reporting reaches new levels of one-sided reporting and incompetence.

In a story, uncorrected as of today, references “removed”:

“The wood boilers at the Straughn property, which Walleri said were removed from the property, had stickers showing they complied with Environmental Protection Agency regulation, but Walleri claims in practice, they weren’t.” Attorney says manufacturer, retailer share blame for wood boiler pollution 6/26/2013 FDNM

In today’s story, the reporter notes he was told by Michael Walleri, the attorney for the Straughns, defendants in the Woodriver case, that the outdoor wood-burning hydronic heaters were “dismantled”:

‘The News-Miner incorrectly stated in a previous story that the boilers had been removed as of Tuesday. Walleri had said the boilers had been “dismantled” and were in the process of being removed.’ State faults wood stove owners for years of pollution 6/27/2013 FDNM

Then, today’s article includes the current status of the boilers according to the attorney for the state, Seth Beausang, “unplugged”:

‘Beausang said that a recent DEC inspection of the boilers found they had only been “unplugged” and could be made operational without much time or effort.’ State faults wood stove owners for years of pollution 6/27/2013 FDNM

Since when does “unplugged” mean “dismantled”? How easy is it to flat-out lie to a reporter? As easy as it is to lie to a judge and jury?

Mr. Walleri should be ashamed. Central Boiler, the boilers’ manufacturer, should hire themselves another attorney.

Come on Fairbanks Daily News-Miner! People believe what they read in the paper. The defense in Alaska v. Straughn is playing the paper like a fiddle, fabricating fiction for potential jurors and positioning themselves for a beneficial settlement.

Missing from the pages of the News-Miner’s years of coverage on these poisonous boilers are interviews from victims with a description of how they have been harmed by Straughns’ smoke.

Judge Robert Downes listened to the victims. Why won’t the News-Miner? Balanced coverage and ethical journalism demand it.

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