Last week, on Thursday, Dec. 11, attorneys for both sides in the Sensible Wilton lawsuit case against the Town of Wilton met for a status conference in the chambers of presiding Judge Kenneth Povodator. At that time, after it was established that at least one of the parties was unwilling to pursue any alternative resolution other than a trial, the judge set a court trial date of September 20, 2016 for the case to begin.
According to the scheduling order, completed by Simon Reiff, the attorney for Sensible Wilton, a box was checked off that indicated the parties had discussed “alternative dispute resolution methods (ADR), including court-annexed mediation, binding arbitration, and private mediation.” However, the form also indicates that not all parties are willing to seek out such forms of alternative resolution.
Reiff responded to an email from GOOD Morning Wilton asking for comment and whether there was any hope of amicable resolution with a short reply: “We have no comment.”
According to Kenneth Bernhard, the Cohen & Wolfe attorney representing Wilton, the date was agreed to by both sides.
Bernhard, who typically doesn’t comment on litigation, offered the following statement: “The Administration has no interest in prolonging the litigation, but the town is the defendant and the plaintiff has to decide whether to continue with its lawsuit.”