Bar owners’ attorneys continue fight on rollback in court

LYNN – The attorneys representing city bar owners will continue their quest to depose Mayor Edward J. Clancy Jr., Lynn Police Chief John Suslak and members of the Licensing Board in Salem Superior Court today.Discussions and court hearings have continued since the Licensing Board unanimously voted in December to rollback bar hours from 2 a.m. to 1 a.m.Attorneys Joseph Dever and Frederick Riley, representing the local owners who have repeatedly protested the change in hours, said they are both prepared to ask the judge to enforce the depositions.Dever said Suslak was originally scheduled to be deposed Wednesday, and today for Clancy, but after receiving notification on Feb. 11 that neither would be appearing, Dever asked a judge to enforce the depositions. Dever also asked the judge to ensure that the bar owners are provided with previously requested discovery.Deposition notices and subpoenas were also served on Jan. 9 to Licensing Board members Richard Coppinger, James Pace, and Michael Phelps.A date has not yet been set for any of their depositions.In a letter sent on Wednesday to Assistant City Solicitors James Lamanna and George Markopoulos, who are representing Clancy and Suslak, respectively, Dever said both clients are in contempt of court for failing to appear for their depositions and that he intends to seek appropriate sanctions against both of them.”They basically refused to show up by letter because the judge (Maureen Hogan) has not yet made a decision regarding the temporary restraining order that we requested on Jan. 9,” he said. “But she doesn’t have to make a decision in order for the depositions to be obliged.”On Jan. 24, subpoenas were served to Clancy and Suslak in an effort to hasten the deposition process, which Dever argued that both Clancy and Suslak missed the 10-day window to object to the subpoena.”They don’t have the right to object now,” he said.Dever went on to say that on Feb. 5, a letter sent from the defendant’s attorneys didn’t contain any objection to the timing, content or scope of the discovery requested.”In my view, not only are the letters impermissibly tardy, they are devoid of any legally cognizable objection and they do not excuse your clients’ failure to comply with the subpoenas,” Dever wrote.Dever also said that he believes both Lamanna and Markopoulos have a conflict of interest in the case.In addition, Dever pointed out that both attorneys, as well as city attorney Vincent Phelan all work in the same office.”As such, in my view, you are both required to withdraw from your representations of the mayor and Chief Suslak,” Dever wrote. “If you do not voluntarily withdraw from your representations, in accordance with the Rules of Professional Conduct, I reserve the right to move for your disqualification and any other appropriate relief.”