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Friday, March 9, 2007 - Page updated at 12:00 AM

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Judge in JOA case rejects group's bid to obtain newspapers' documents

Seattle Times staff reporter

A judge today turned back a committee's bid to obtain the massive records the owners of Seattle's two daily newspapers have compiled in the legal dispute that could determine whether the Seattle Post-Intelligencer shuts down.

The Committee for a Two-Newspaper Town, which says it is working to keep both papers alive, requested the 3.5 million pages of documents amassed for closed-door binding arbitration proceedings between The Seattle Times Co. and The Hearst Corp., the P-I's owner. In its January request, the committee said it needed them to pursue its own lawsuit against the two companies.The companies asked King County Superior Court Judge Greg Canova to block that request. It was too broad, they said, and screening all the documents for confidential material would consume thousands of lawyer hours on the eve of their long-planned private arbitration hearing.

Hearst and The Times also asked Canova to postpone any similar committee "discovery" demands until after arbitrator Larry Jordan's ruling, expected by May 31.

This afternoon, Canova issued an order granting both of the companies' requests.

Hearst and The Times are fighting over the joint operating agreement (JOA) that has bound them for 24 years. While the newspapers maintain separate news operations, the larger Times markets, prints and distributes both.

It says the market can no longer support two daily papers, and has moved to trigger an escape clause that could lead to closure of the P-I, termination of the JOA, or both. Hearst, which says the P-I can't survive outside the JOA, is fighting that move.

The Committee for a Two-Newspaper Town, while not part of the arbitration, is an intervenor in an underlying lawsuit Hearst filed against The Times in 2003.

Today's decision by Canova was the committee's second setback this week. On Tuesday, he agreed to postpone a hearing on the group's chief claim against both companies until after Jordan rules.

Eric Pryne: 206-464-2231 or epryne@seattletimes.com

Copyright © 2007 The Seattle Times Company

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