Defense attorneys have asked that the $7 million lawsuit brought in the case involving two fired school employees be delayed until arbitrations have been completed. Timothy O. Egan of Peabody & Arnold filed papers in US District Court in Boston on March 18.

They cite the recent reversal of the arbitrator's decision in the case of Charles E. Coughlin Jr., a former Ottoson teacher, and the call for a new arbitrator. The arbitration involving Stavroula Bouris, the former principal who was dismissed in August 2007, two weeks after Coughlin, is ongoing.

March 6: Defendants in $7m suit seek more time | March 8: Coughlin arbitration award tossed

Moving to stay the federal lawsuit, filed Feb. 8, until the arbitrations have been completed "will serve the interests of judicial economy and avoid the real possibility of inconsistent findings and rulings," the motion says.

Among the arguments the defense motion advances is this one:

"Because the arbitrator in the Coughlin and Bouris arbitrations could reach findings that have a preclusive effect on the issues in this litigation," the motion says, "the Court should stay this action. See Qestec, Inc. v. Krummenacker, 164 F. Supp. 2d 172, 179 (D. Mass. 2001) ....

"Even where there is no issue preclusion, the First Circuit has stayed federal litigation pending arbitration where the arbitrator’s award may, at a minimum, have an 'evidentiary or issue-narrowing effect....'

"Here, issues critical to the claims in this case, including the propriety of the school’s actions in terminating Bouris and Coughlin as well as the propriety of Bouris and Coughlin’s conduct are similarly at issue in the related arbitrations. The arbitrators’ findings and awards will directly impact this case, even if they do not have a preclusive effect.

"For example, if Coughlin and Bouris prevail and are awarded back pay and rehired by the school system, much of their economic damage claims in this action will disappear. 

"On the other hand, if the arbitrators determine that Bouris and Coughlin were properly terminated for their misconduct, that will impact the claims and defenses asserted in this case. The manner in which the arbitrations are conducted and decided will offer the parties and the Court valuable insight into whatever claims remain at the end of the arbitrations.

"Staying the federal lawsuit until the arbitration phase has been completed will avoid confusion and the potential for inconsistent outcomes. A stay will also promote efficiency as well as judicial economy as the parties will be able to avoid the litigation of issues that the arbitrations may render moot."

It is not known when the judge, Mark Wolfe, is expected to rule on the motion.

Joining in submitting the motion were Egan, of Peabody & Arnold of Boston, identified as an attorney for the School Committee; Town Counsel Juliana Rice; and Barry Klickstein, attorney for Nate Levenson, the superintendent in 2007 who dismissed Bouris and Coughlin after their e-mail exchanges were investigated.

The other defendants, Tracy Buck, a school technology employee, and School Committee member Jeff Thielman, are listed as representing themselves.

Full text of motion here >> (.PDF)

This story was published Tuesday, March 23.