N.J. Resident Intervenors in Verizon’s Small-Cells Suit Say They're Being Sidelined

The seven Belmar, New Jersey, residents who seek to intervene in Verizon’s complaint to force Monmouth County’s approval of its application to install nine small cells in the public rights of way (see 2309280027) have been sidelined by the other parties in the case, their attorney, Anthony D’Artiglio of Ansell Grimm, wrote U.S. Magistrate Judge Brendan Day in a letter Wednesday (docket 3:23-cv-18091). When the parties last appeared before the judge Dec. 11, he suggested that the parties include provisions in their discovery plan that would account for the intervenors’ participation should their motion to intervene be granted, said the letter. But the parties filed their proposed joint discovery plan Feb. 7 with no input or participation from the residents, it said. The discovery plan makes no provision to provide the intervenors with any exchanged discovery if the motion is granted, nor does it provide any framework for the intervenors “to timely pursue discovery,” said the letter. In light of the parties’ decision to exclude the intervenors from the discovery plan, they “reserve the right to propound their own demands” after the motion is granted, it said. Notwithstanding that the parties excluded the intervenors from preparation of the discovery plan, the intervenors, with the court’s permission, intend to participate in the upcoming Feb. 21 status conference, said the letter. The intervenors plan to address their participation in discovery in the event the motion is granted “to ensure there is not any unreasonable delay and their rights are protected,” it said.