Dispute in Scotts case prompts hearing

Another round in Kentucky Blue Grass seed contract suits involving Scotts, two area seed processors and growers has been scheduled for Friday in Whitman County superior court. The hearing involves attempts by attorneys for Dye Seed Ranch, Inc., to take pre-trial depositions of three out-of-state Scotts employees.

The dispute involves alleged failure of Scotts to pay for Kentucky Bluegrass seed delivered under terms of 2010 production contracts. Growers have filed a suit against two seed processors, Dye and Seeds Inc. of Tekoa. Dye and Seeds Inc. have filed cross suits again Scotts which contend they can’t pay the growers until Scotts pays them under terms of the contracts.

In a motion for a summary judgment, which was heard Jan. 3 in court, Pullman attorney Tim Esser, representing Seeds Inc., sought over $8.2 million alleged due from Scotts.

Matthew Turetsky of Seattle, who represented Scotts at the Jan. 3 hearing, last Wednesday filed a motion asking the court to issue a protection order involving attempts to take depositions from three Scotts employees. Citing changes in schedules and requests for information, Turetsky asked the court to order a coordinated deposition in which the three employees have to appear for depositions just one time. Turetskey said he wants the court order so the Scotts employees are not “hauled out to Spokane repeatedly while Scotts is collecting response documents” sought by the processors’ attorneys.

Turetsky noted the employees reside in Oregon and Ohio.

Karl Kime, attorney for Dye Seed Ranch, filed a motion for the court to compel the three Scotts employees to give their depositions. Kime alleged there is no issue involving multiple depositions which he said had been set for the end of this week at their offices in Spokane.

He contended the way Scotts can resolve the dispute was to show up at the depositions.

Kime’s motion noted they need to depose the three employees because they interacted with Dye on a regular basis since the grass seed contracts commenced approximately three years ago. He said the trio purports to describe various types of breaches of the contracts which are alleged by Scotts.

He also noted the Scotts employees have filed declarations which were used in Scotts’ motion in opposition to the Jan. 3 summary judgment arguments which have been taken under advisement by Judge David Frazier.

Plaintiffs in the suits allege Scotts failed to make payments because demand for lawn seed and the price slumped with the real estate market. Scotts contends they are not obligated to pay because of an alleged breach of contract.