Sec., ANR v. Hodgdon Bros., Inc. . . . , PRETRIAL and DISCOVERY ORDER, 
(E95-011)

                             STATE OF VERMONT

                           ENVIRONMENTAL COURT


 
Secretary,                                  }
Vermont Agency of Natural Resources,        }
 Plaintiff,                                 }
                                            }
         v.                                 }              Docket No. E95-011
                                            }
Hodgdon Brothers, Inc.                      }
 and Darcy Hodgdon,                         }
 Respondent.                                }


                       PRETRIAL and DISCOVERY ORDER


    On February 7, 1995, the Secretary of the Vermont Agency of Natural
Resources issued an administrative order pursuant to 10 V.S.A. 8008
regarding Respondents, who timely filed a request for a hearing.  The Court
issued a pretrial order on February 24, 1995, requiring the parties to file
pretrial memoranda, and advising the parties that 4 V.S.A. 1004 governs
discovery in Environmental Court cases.  Judge Wright again referred to the
disclosure requirements of 4 V.S.A. 1004 at the telephone conference held
in March 20, 1995.  The hearing on the merits of the administrative order is
scheduled for may 4 and 5, 1995. 

    The Secretary filed a pretrial memorandum on March 8, 1995 and is
represented by Christine Melicharek, Esq.  Respondents are represented by
William A. Hunter, Esq., who filed a partial pretrial memorandum on March 20,
1995 which lacked the statement of Respondents' agreement and disagreement
with each element of the "statement of facts" section of the Administrative
Order.  At the telephone conference held on March 20, 1995, Attorney Hunter
stated that he would provide the missing statement within the week following
the conference, but as of April 19, 1995 he had not done so. 

    On April 19, 1995, the Secretary moved for a preliminary order requiring
Respondents to file the statement of Respondents' agreement and disagreement
with the statement of facts, and to respond to the Secretary's discovery
requests under 4 V.S.A. 1004, both by April 26, 1995, to enable the
Secretary to prepare for the May 4 and 5 hearing.  In addition, Judge Wright
had stated at the telephone conference that she intended the parties to file
an agreed statement of facts and agreed exhibits in advance of the hearing.
Respondents have not filed any response to the motion or telephoned the Court
as of 8:00 a.m. on April 21, 1995.  In order to keep this matter on schedule
for the May 4 and 5 hearing, and to enforce the pretrial order, the
Secretary's motion is GRANTED and it is hereby ORDERED that: 

    On or before April 26, 1995, Respondents shall file a revised pretrial
memorandum with the Environmental Court and serve a copy on the Secretary so
that it is received on or before April 26, 1995, stating Respondents'
agreement or disagreement with each element of the "statement of facts" in
the Administrative Order.  Failure to comply with this order will result in
an order deeming admitted each element of the "statement of facts" to which
no response has been given. 

    On or before April 26, 1995, Respondents shall provide to the Secretary
all materials covered by 4 V.S.A. 1004, or shall file with the Court and
the Secretary a statement specifying any materials being withheld and the
reason for the withholding of each withheld item, together with any motion
for the Court's consideration on such discovery issues. 

    The parties are reminded that the duty created by 4 V.S.A. 1004 is a
continuing duty to disclose the information covered by that section, and that
V.R.C.P. 76(d) incorporates the authority and sanctions available to the
Court under V.R.C.P. 16, 16.2, 26 and 37. 

    Done at Montpelier, Vermont, this 21st day of April, 1995.





                                  ____________________________
                                  Merideth Wright
                                  Environmental Judge