Parties set timeline for Fountain lawsuit

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It could be a year before the case between Reggie Fountain and Fountain Powerboats heads to trial, according to court documents filed Friday in North Carolina.

According to a case management report to which both parties agreed, the case will be ready for trial no later than Sept. 1, 2012. Discovery will be completed by April 2.

For Fountain, the issues to be decided include whether Fountain Powerboats wrongfully retained $75,000 due to him for consulting services for Westport Shipyard and whether he is entitled to recover items such as a silver eagle, a backhoe and hundreds of trophies, plaques, photographs and other memorabilia.

For Fountain Powerboats, the issues to be decided include whether Reggie Fountain, individually or with others, converted assets that belonged to the company, including computer designs, drawings, customer lists and trade secrets; whether he engaged in deceptive trade practices; whether he diverted corporate opportunities from the company; and whether he interfered with his former business.

Also on Friday, Fountain Powerboats filed a motion to strike portions of Reggie Fountain’s reply to its counterclaims against him, as well as more than two dozen exhibits Reggie Fountain filed to support his reply.

Reggie Fountain, the company alleges, used his reply as a “press release to promote RF Powerboats and damage Fountain Powerboats, thereby constituting an improper and impertinent use of the pleading, which should therefore be stricken.”

Fountain Powerboats also contends that many of the exhibits pertain to court cases that have nothing to do with this case.

Reggie Fountain told Soundings Trade Only that the exhibits are necessary to provide the court with other cases that show the previous business dealings of Fountain Powerboats’ new owners.

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