This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Salt Lake City's two daily newspapers are asking a federal judge to throw out an antitrust lawsuit aimed at their business operations.
In court filings Monday, lawyers for The Salt Lake Tribune and Deseret News assert that the group Citizens for Two Voices lacks legal standing to challenge their partnership.
The group of former Tribune employees, readers, advertisers and other community members sued owners of the two dailies in June 2014. They hope to overturn changes made in fall 2013 to the newspapers' joint-operating agreement (JOA), revisions they contend have damaged The Tribune's finances and threaten its survival.
Nearly two years into the federal litigation, attorneys for The Tribune's managers, New York-based Digital First Media, and the LDS Church-owned News contend the grass-roots group lacks formal membership, undermining its legal authority to claim it represents people injured by the JOA changes.
Richard Burbidge, attorney for The Tribune's parent company, Kearns-Tribune, sought in late March to halt court-required production of documents in the case, pending U.S. District Court Judge Jill Parrish's review of the claims on standing.
Had the facts on membership come to light sooner, Burbidge argued, "it is likely this case would have been dismissed a year and a half ago."
Citizens for Two Voices counters that the latest challenge is "a delay tactic," notable for its "pure pointlessness."
The group has asked the judge to reject the new motion and allow document discovery to proceed.
The group's lawyer, Karra Porter, said its definition of members follows state law covering nonprofits. Membership aside, Porter argues, individual board members of Citizens for Two Voices all have a right to sue in their own capacity.
Parrish has yet to schedule a court hearing on the issue.
Twitter: @TonySemerad