Trial over 38 Studios deal with RI may be a year away

PROVIDENCE, R.I. (WPRI) - It could be at least a year before Rhode Island's lawsuit against Curt Schilling and other architects of the 38 Studios deal goes to trial.

During a pre-trial hearing Friday morning in Providence Superior Court, lawyers for both sides wrangled over the length of time they should have to pore over documents more than the merits of the case.

Max Wistow, the lawyer hired by the Chafee administration to lead the state's against Schilling and his associates, told a judge he thinks it would be "realistic" for the trial to begin "no later" than January 2014. Defense lawyers countered that it may take longer for them to prepare.

Lawyers for the R.I. Economic Development Corporation filed suit in November against Schilling, bankers, lawyers and others involved in the 2010 deal that gave his ill-fated video game company a $75 million taxpayer-guaranteed loan. The state argues they withheld information that would have made the deal less likely.

Schilling has called the suit a political move, saying the EDC approved the loan "with its eyes wide open and with full understanding of any risks." Documents obtained by Target 12 last fall suggested state officials rushed the review process and took shortcuts.

At Friday's hearing, Superior Court Judge Michael Silverstein asked lawyers to file motions by March 1, and scheduled a conference with the lawyers to discuss other matters for Feb. 11. He also chastised the opposing lawyers for failing to communicate frequently enough.

"Gentlemen, you are ordered to confer," Silverstein said.

Friday's hearing was largely consumed with lawyers for both sides wrangling over figuring out timing and providing information. A defense lawyer estimated roughly 20,000 documents spread across 50 computer discs had been handed over so far by the state's attorneys.

A lawyer for J. Michael Saul, the former deputy director of the EDC who is among those being sued, told the judge the lawsuit "is creating a severe burden on my client economically" and argued he should be immune from legal action as a former public official.

Ted Nesi ( tnesi@wpri.com ) covers politics and the economy for WPRI.com and writes the Nesi's Notes blog. Follow him on Twitter: @tednesi