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STATE OF NEW HAMPSHIRE

CARROLL COUNTY SUPERIOR COURT

Robert N. Lemaire

v.

Town of Wolfeboro

Docket No.: 212-2013-CV-183

ORDER

The plaintiff Robert N. Lemaire (Mr. Lemaire) moves to withdraw his request under the Right to Know Law that the defendant Town of Wolfeboro (Town) be ordered to disclose a document in its possession. The document in question was prepared in connection with ongoing litigation in the United States District Court for the District of New Hampshire in which the Town is a party, Town of Wolfeboro v. Wright-Pierce, Civil No. 1:12-cv-00130-JD. The document in question, the "Haley & Aldrich, Inc. Slope Stabilization Plan" (the H&A Report), was prepared and was submitted to the Town in connection with efforts to reach negotiated resolution of the underlying litigation.

In his pending motion, Mr. Lemaire asserts that he now has a copy of the H&A Report, because Wright-Pierce attached it to a motion filed in the federal district court action, thereby making it available to the public. By his pending motion, Mr. Lemaire makes two requests: first, that he be permitted to withdraw this Right to Know action; and second, that he be awarded his costs of this action. The court orders as follows:

1. Mr. Lemaire's motion to withdraw this action is granted.
2. Ruling on Mr. Lemaire's request for costs is deferred to permit the Town to respond, if it wishes. Any response submitted within the 10 days of the December 5, 2013 filing of the motion to withdraw calculated pursuant to court rule (that is, on or before December 16, 2013) will be considered.

So Ordered.

December 6, 2013    /s/   

Steven M. Houran

Presiding Justice