A federal judge new to the Salt Lake Tribune's legal battle said Friday he is committed to seeing the case come to trial in June 2002.
"The court is aware of the fact that time is of the essence," U.S. District Judge Ted Stewart said.
The managers of the Tribune claim they have an option to buy the newspaper's holding company from its current owner — Denver-based MediaNews Group — in July 2002.
"I'm concerned about coming to that option date and not having the legal rights decided," Stewart told attorneys gathered in his courtroom for a scheduling hearing.
The Tribune managers have sued MediaNews and the former owner of the holding company — AT&T Corporation — claiming they have attempted to destroy its ability to compete with Salt Lake City's other daily newspaper, the Deseret News.
Although not named as a defendant by the managers, the Deseret News seeks standing in the case because it believes the Tribune managers seek legal rulings on rights that belong to the Deseret News.
Stewart set two major hearings in the case.
The first, to be held Aug. 29, will primarily address the Deseret News' motion to intervene, and if appropriate, a motion to dismiss the case, as well as a motion by MediaNews to dismiss the suit.
Then on Sept. 21, Stewart will hold an evidentiary hearing on a motion by MediaNews to disqualify the law firm representing the Tribune managers.
Jones, Waldo, Holbrook & McDonough used to represent both the management and the holding companies of the Tribune. But after the newspaper was sold in 1997, the firm represented only the managers.
"Utah's rules of professional conduct impose upon a lawyer a continuing duty of loyalty and confidentiality to a client even after the representation of that client has ended," MediaNews attorneys have written in court briefs. "A party to a lawsuit may prevent its former lawyers from representing the party's adversary where the case is substantially related to the representation. That has occurred here."
Attorneys for the Tribune managers say MediaNews is filing the motion to disqualify merely "to gain tactical advantage" and could have asked for the disqualification months, if not years ago.
The judge called the entire question a "real roadblock" to seeing the trial conclude before next July and instructed lawyers from both sides to stipulate to as many facts as possible before the hearing is held.
Sale of the Salt Lake Tribune - Read Deseret News' archive stories and see related links about the sale of the Tribune.
E-mail: mtitze@desnews.com