The city of Fargo is trying to block the deposition of one of its attorneys by lawyers who represent drivers who paid illegal traffic fines that could total almost $4.5 million.
The city filed papers Wednesday in U.S. District Court trying to prevent a follow-up deposition - pretrial questioning under oath - of a city attorney about issues including the city's data practices.
The city argues that the information is irrelevant or protected by the attorney-client privilege, and would cause unnecessary expense.
The dispute means U.S. District Judge Rodney Webb must decide whether the second fact-finding inquiry can proceed.
Lawyers representing plaintiffs in the case want the city to disclose its record retention policies, its procedures for taking minutes during City Commission meetings, its search for documents requested by the plaintiffs, and details about how the city stores electronic information.
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Several city employees, including an assistant to city commissioners, a deputy auditor, a municipal court clerk, the city's chief information officer, and two computer programmers were deposed in October.
The legal skirmish is the latest development in a federal class-action lawsuit that seeks damages for 53,235 drivers who paid traffic fines that illegally exceeded those set by state law.
The city does not dispute that municipal and district court judges continued to set fees according to the city's schedule after three district judges ruled the higher fines were illegal. The higher fines stopped once the North Dakota Supreme Court ruled last year that the excessive fines were illegal.
"As a result, no deposition or other discovery is needed to establish that fact," the city said in its court filings. "It is also important that the City has not attempted to defend this case based on a 'reliance on advice of counsel' defense," the city argued, adding no such defense is available.
The city also said no punitive damage claims have been made against the city in the case.
"What Plaintiffs seek to do, however, is to conduct discovery regarding a legally insignificant subject," the city's lawyers argued.
Timothy Purdon, one of the lawyers representing Stephanie Sauby, a West Fargo woman, and other plaintiffs in the case, said the plaintiffs' request for further information is legitimate.
Among other things, the plaintiffs have a right to know what actions, if any, the city attorney's office took after the district court decisions found the higher city fines were illegal, he said.
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"This will just get teed up now for the judge to decide," said Purdon, adding he has tried to spare the city unnecessary time and expense. "We have a genuine disagreement."
The city has estimated the excessive fines could range from $1.3 million to almost $4.5 million.
Readers can reach Forum reporter Patrick Springer at (701) 241-5522
