Motions set in seed suit

Another hearing round in the Kentucky Bluegrass growers suits has been scheduled for next Thursday when a series of motions will be heard.

One of the pre-hearing arguments filed with the suit contends more than $1 million in payments on production contracts remain due to growers listed as plaintiffs in the suit.

The civil suit alleges growers have yet to be paid for Kentucky Bluegrass seed which was grown, harvested and delivered under terms of advance contracts.

Defendants in the suit are Scotts Company, Seeds Inc. of Tekoa and Dye Seed Co. of Pomeroy.

A month-long trial on the suit had been scheduled in June. That has since been dropped, and Matthew Turetsky, Seattle attorney representing Scotts, has proposed a schedule which would put the beginning of the trial at Oct. 15.

Richard Kuhling, Spokane attorney representing the Bluegrass growers, filed an objection to continuing the trial dates. Kuhling contended more than $1 million remains on contracted payments for delivery of the grass seed, plus substantial pre-trial interest and sums granted under the consumer protection act claims if they prevail in court.

Kuhling said only eight of the growers’ pre-trial depositions remained to be conducted at the time he filed his objection.

The growers’ attorney said most of the dispute in the suit has involved motions and counter motions among defendants. He suggested as an option the court could allow the growers’ portion of the suit to go to trial and leave the disputes among the defendants to be resolved at a later date.

Seeds Inc. and Dye, processors of the Kentucky Bluegrass crop, have argued they were unable to pay growers for the seed deliveries until they received payment from Scotts.