By Jerry Jordan, Editor
UTICA, N.Y. – U.S. Judge David Hurd denied a request by Anthony (Tony) Stewart to appear via teleconference – due to a scheduling conflict with team sponsors – for a settlement hearing today at 2 p.m. in the wrongful death lawsuit brought by the family of Kevin Ward Jr.
Stewart’s attorney explained that he was at his home with sponsors of his team and the event had been planned for several months. It was unexpected a settlement hearing would be set at the time of the planning based on the letter and the court’s decision this past week to bring both sides before the bench after a settlement was reached.
“Mr. Stewart respectfully seeks the Court’s permission to participate in the hearing remotely by telephone due to his pre-existing commitment to host more than a dozen representatives of a race-team sponsor at scheduled events in Columbus, Indiana,” the court brief file Wednesday. “The events will run late into the evening tonight (April 11), with many of those representatives staying at Mr. Stewart’s home. This event was scheduled several months ago.
Judge Hurd, who has repeatedly ruled against Stewart filed what is known as a “text order” mandating Stewart personally appear in the courtroom.
“Pursuant to the Notice and Order dated April 2, 2018 directing that Counsel and parties shall appear in person in USDC Utica, NY, this late request is denied in full. Signed by Judge David N. Hurd,” the docket entry reads.
Additionally, the appearance is being ordered for a hearing in which both plaintiffs and defendant sought earlier in the week to jointly cancel or reschedule – a decision that was also denied by Hurd early Wednesday.
Denying a joint motion to cancel or reschedule a hearing is almost unheard of, according to multiple attorneys questioned by Kickin’ the Tires. In fact, according to the filing by both sides, the Judge Hurd appears to be overstepping his boundaries in ordering the in-person hearing to begin with.
“… under the relevant New York statute, a court is authorized to approve a wrongful death settlement only upon ‘the application of an administrator . . . or a personal representative.’ N.Y. Est. Powers & Trusts Law § 5-4.6(a). Here, no such application is pending. Moreover, Plaintiffs have already initiated the Surrogate’s Court process for approval, as authorized by New York law,” the motion states.
Attorneys listed four additional reasons why the Thursday hearing shouldn’t occur, not including a previously-mentioned fact that because both parties have “executed a confidential settlement agreement for which no further action by this Court is required.”
Hurd didn’t care. In denying the joint motion to vacate the settlement hearing, Hurd wrote, “The attorneys have completely missed the point.”
“The purpose of the hearing is not to approve the settlement or to reveal any confidential information. In view of the history of the case, it is to determine on the record if a binding, signed settlement agreement, general release, and stipulation of dismissal have been made,” he wrote. “If so, the Clerk of the Court will be ordered to issue a Judgment of Dismissal with prejudice, the jury trial scheduled for May 7, 2018 in Utica, New York, will be canceled, and the case closed. If not, the jury trial will proceed as scheduled. The late request to vacate or continue the in-person settlement hearing is DENIED. As previously ordered, the plaintiffs, Kevin A. Ward, Sr. and Pamela Ward, and the defendant, Anthony Wayne Stewart, are directed to appear in court with counsel on Thursday, April 12, 2018, at 2:00 p.m. in Utica, New York.”
Per attorneys for both sides, Hurd is placing an undue burden on plaintiffs and defendant as they will now be required to cover additional attorney fees, travel costs for themselves and their attorneys, as well as, additional ancillary costs that are not yet known.
“In light of the foregoing, such costs and inconvenience are unnecessary to the resolution of this case,” the joint motion states.