THE STATE OF NEW HAMPSHIRE

CARROLL, SS. SUPERIOR COURT

STARBRITE LEASING, iNC., ET AL.

V.

TOWN OF BARTLETT AND GENE CHANDLER, SELECTMAN

Docket No. 2 1 2-2015-CV-00032

DEFENDANTS' MOTION TO EXCUSE THE PRESENCE OF GENE CHANDLER ATTHE Aucusrl4.201s HEARTNG oR. IN THE ALTERNATIVE-]\4QTIQILTo

HEDULE THE HEARING MORE TWO WEEKS INTQ fHEIUTUR

NOW COME the Defendants, Town of Bafilett and Selectman Gene Chandler

(collectively, the "Town"), by and through their attorneys, Donahue, Tucker & Ciandella, PLLC,

and respectfully submit this Motion to Excuse the Presence of Gene Chandler at the August 14,

2015 Hearing, or in the Altemative, to Reschedule the Hearing no more than two weeks into the

future. The Town states as follows:

1. The Town respectfully requests that this Honorable Court excuse the presence of

Gene Chandler fiom the hearing currently scheduled for August 14,2015 at 1 :30 p'm' as he will

be unavailable on that date. In the altemative, Mr. Chandler is readily available on a number of

dates over tire next two weeks. To that end, to the extent this Honorable Courl finds that Mr'

Chandler,s presence will be helptul to the resolution of the matters scheduled to be heard on

August 14, 2015, the Towrr respectfully requests that this Honorable Courl r eschedule that

hearing to one of the dates set forth below'

2. This Honorable Court scheduled a hearing for August 74,2015 at 1:30 p.m' to

take up a nurnber of different motions, namely, the Town's Motion to Dismiss' the Town's

Motion to compel the Appearance of counsel, and the Plaintiffs' Motion to Sanction'

DONAHUE, TUCKER & CIANDELLA, PLLC - ATTORNEYS AT I,AWoFFIcEsTNEXETER,PORTSMOL'THNDMEREDITH,NEwWPSHIRESoo.565'0506www'DTCnWYERS'CoM

3. In the past, this Courl has commentcd that it would like to sec Mr. Chandler

appear in person at future substantive hearings.

4. The matters to be heard at the hearing of August 14, 2015 do not appear to

necessitate the appearance of Mr. Chandler. Instead, they take up the Town's Motion to

Dismiss, which focuses on the application of res judicata and collateral estoppel; the Motion to

Compel Appearance of Counsel, which takes up the nature of the Plaintiff s self-representation

and advisability to compelling counsel to appear on behalf of the Plaintiff Furlong; and the

Motion to Sanction, which deals with certain actions undersigned counsel is taking in this matter.

None of these issues irnplicate the need for Mr. chandlcr to appear.

5. ln connection with Mr. Chandler's political duties as a rankit.tg member of the

New Hampshire House of Representatives, the impending New Flampshire primaries render Mr'

chandler unavailable on August 14,2015 and August 19 through21,2015.

6. To the extent thc Courl will find it helpful, however, Mr. Chandler is more than

wiliing to appear for the hearing. Mr. Chandler and undersigned oounsel are available on August

1 7, the mornir.rg of August I 8, August 24, August 25, the aftemoon of August 26, August 27 and

the afternoon of AugusI28,2015'

i. The Town sought the concurence of the Piaintiffs in this matter, but as of the

time of filing, the piaintiff Furlong has not indicated his asseni or objection to the relief sought in

this Motiol. In faimess to the Plaintiffs, understgned counsel sent an email to the Plaintiff

Furlong on the momtng of August 3,2015, and has not heard a response by the aftemoon of

Ausust 3. 20 i 5.

DONAHUE, TUCKER & CIA}iIDELLA, PLLC - ATTORNEYS AT LAWOFFICES IN EXETER, PORTSMOMH A{D MEREDITH, NEW WPSHIRE 8OO-566'0506 WM'DTCCWYERS'COM

WHEREFORE, the Town respectfully requests that this Honorable Court:

A. Excuse the presence of Gene Chandler at the upcorning hearing on August 14,201 5, or,

B. In the altemative, move the hearing to any one of the afbren-ientioned dates; and,C. Order such furlher relief as is just and equitable.

-, f /Dated rhis ) '.-- day o1'Auu"',. lrJl5.Respectfull y submitted,

TOWN OF BARTLETT &SELECTMAN GENE CHANDLER

By Their Attorneys.DONAHUE, TIJCI{ER & CIANDELLA, PLLC

/jLLBv lJChristopher T. Hilson, E,squireNHB #t7116225 Water StreetExeter, NH 03833(603) 778-0686c h i I so n r?-ldtc i ar.v)rers. corr

CERTIFICATIONt(/

i l"rereby certify that a copy of the wrthrn Motion iras this t-'- drS, of August, 2015, beenfor-wardecl by first class mail, postage prepaid, to Edward C. Furlong, III, Pro Se Plaintiff.

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