Depositions in 38 Studios case scheduled for July, Aug.

Former members of the R.I. Economic Development Corporation board, including ex-Gov. Donald L. Carcieri, are among 20 witnesses scheduled to be deposed this summer in the state’s lawsuit against participants in the failed 38 Studios loan, the state’s attorney said Wednesday. More

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38 Studios

Depositions in 38 Studios case scheduled for July, Aug.

PBN FILE PHOTO/RUPERT WHITELEY
FORMER GOV. DONALD L. CARCIERI is among 20 witnesses scheduled for deposition in the state's 38 Studios lawsuit, which alleges that the defendants withheld critical information from the EDC board preventing them from knowing 38 Studios was destined to fail.
Posted 7/3/14

PROVIDENCE – Former members of the R.I. Economic Development Corporation board, including ex-Gov. Donald L. Carcieri, are among 20 witnesses scheduled to be deposed this summer in the state’s lawsuit against participants in the failed 38 Studios loan, the state’s attorney said Wednesday.

Max Wistow, principal of Wistow, Barylick, Sheehan & Loveley PC in Providence, said about 20 depositions have been completed in the case and about the same number are scheduled. An Aug. 15 deadline has been set to complete the suit’s discovery phase.

Former EDC board member depositions scheduled include Carcieri on July 31 and Aug. 1, former Hasbro CEO Al Verrecchia on July 7, Banneker Industries CEO Cheryl Snead on July 8, University of Rhode Island President David M. Dooley on July 23 and Lifespan President and CEO Timothy J. Babineau on July 29.

Two former EDC board members have already given depositions: Ximedica Co-founder and Chief Venture Officer Stephen Lane and Providence Performing Arts Center President J.L. “Lynn” Singleton. Current board member and Vibco President Karl Wadensten, the only member of the board to vote against the $75 million 38 Studios loan, has also given a deposition, Wistow said.

The lawsuit filed by Gov. Lincoln D. Chafee and the R.I. Commerce Corporation, as the EDC is now known, alleges that 14 defendants withheld critical information from the EDC board preventing them from knowing 38 Studios was destined to fail.

Attorneys for the defendants have requested testimony in the depositions be sealed until all are completed, Wistow said.

After depositions are complete, both sides will have 30 days to disclose their expert witnesses.

Wistow said a possible trial date could be set by late fall.

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