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Poultry counsel: Sued by ‘ghost’
Published in the Arkansas Democrat Gazette February 17, 2007, BY ROBERT J. SMITH Posted on Friday, February 16, 2007 TULSA — A Fayetteville attorney told a federal magistrate judge Thursday that without a deposition from Oklahoma Attorney General Drew Edmondson, he’s defending his clients against a ghost. John Elrod, who represents Simmons Foods of Siloam Springs, asked federal Magistrate Judge Sam Joyner to allow the deposition because Edmondson is the plaintiff in the case. “The problem I have is I’ve been sued by a ghost,” Elrod told Joyner.
Poultry counsel: Sued by ‘ghost’
Posted on Friday, February 16, 2007
John Elrod, who represents Simmons Foods of Siloam Springs, asked federal Magistrate Judge Sam Joyner to allow the deposition because Edmondson is the plaintiff in the case.
“The problem I have is I’ve been sued by a ghost,” Elrod told Joyner.
“I don’t know who to ask questions of.” Simmons has no solid basis for wanting to depose Edmondson, private attorneys hired by Edmondson’s office said. Edmondson is the lead counsel in the state’s case against the eight poultry companies being sued in U. S. District Court at Tulsa and a high ranking state official, so he can’t be deposed, said David Riggs, a Tulsa attorney. “The attorney general is not the plaintiff in this case,” Riggs said. “The state of Oklahoma is the plaintiff. He’s not legal counsel in name only. He’s argued points in this case. “ They’ve given no reason they need to do this.” The cover sheet of the lawsuit lists both Secretary of Environment Miles Tolbert and Edmondson as plaintiffs on behalf of the state of Oklahoma. The suit was filed in June 2005, accusing the companies of polluting the Illinois River watershed with poultry litter.
Joyner made no decision on any of four matters he reviewed Thursday with attorneys, but he said he expected to issue a written ruling on whether Edmondson may be deposed in seven to 10 days.
“On issues of this significance, the first words should be in writing,” Joyner said.
Elrod argued that the Oklahoma case against the eight poultry companies with operations in Arkansas should be an exception to the norm. Elrod said after Thursday’s hearing that he thought it went well, but he acknowledged he faces an “uphill battle,” because taking depositions from opposing attorneys in federal cases is exceedingly rare.
“Mr. Elrod, how many plaintiffs do you think we have ?” Joyner asked.
“I don’t know, judge,” Elrod responded. “I’ve been sued by a ghost, and I need to question a human.”
Joyner asked Riggs who the poultry companies should depose if not Edmondson.
“They can depose Miles Tolbert or other state officials,” Riggs said.
Elrod argued that deposing Edmondson is important because he’s been such a public spokesman against the poultry companies. In news accounts and in news releases produced by his office, Edmondson has referred to the poultry companies as “corporate polluters.”
“[Edmondson ] said he and only he can speak for Oklahoma in this case,” Elrod said.
Elrod said he doesn’t plan to ask questions about the plaintiff’s legal attack against the poultry companies. He said he wants a “fact-based” deposition.
The questions he said he would ask include why Oklahoma decided to hire private attorneys to represent the state’s case against the poultry companies.
“There is no element to harass or annoy General Edmondson,” Elrod said. “We’d be happy to do it in this courtroom or in the judge’s chambers.”
The information Elrod seeks can be discovered from other people or written records, Riggs said. There’s no good reason to depose Edmondson, he said.
“That’s just not the law,” Riggs said.