PROVIDENCE -- Triton Realty, the owner of the property where The Station nightclub stood, is contesting the authority of Superior Court Judge Alice B. Gibney to enter or approve orders requested by lawyers for fire victims so they can gather more information from potential defendants prior to filing suit.
In court papers filed with Gibney on Wednesday, lawyers representing Triton assert that "there is very limited authority or jurisdictional basis for pre-suit discovery" -- a process under which a court issues an order to make parties give testimony or produce documents.
They say that Gibney should refrain from issuing any broad pre-suit discovery orders -- including approving issuance of subpoenas -- until after the fire victims and their families file their lawsuits and all parties who are sued are properly served with legal papers.
Until the fire victims actually file lawsuits or file papers naming defendants upon whom they have served legal papers, Triton lawyers say, the Superior Court does not have the authority to enter "binding, enforceable pre-suit discovery orders"
Gibney has scheduled a hearing for 9:30 this morning relating to Station fire lawsuits. Lawyers representing victims plan to ask Gibney to approve protocols for testing evidence that was collected by private investigators from the charred ruins of the nightclub.
The fire Feb. 20 killed 100 people and injured more than 200 others. It began when the rock band Great White set off pyrotechnics that ignited highly flammable packing foam that was installed as soundproofing on the walls near the stage.
Thus far, only five lawsuits have been brought -- one is pending in federal court in Connecticut; three in federal court in Providence; and one in Superior Court, Providence.
Lawyers for most of the fire victims say they are waiting to file suit until after tests are conducted on the evidence collected so they know who should be sued and who should not.
