The answer to Sen. James C. Sheehan’s request for court documents related to the 38 Studios case was “No,” at least not right now.

In a late February letter to the attorney representing the RI Economic Development Corporation (now Commerce RI), Sheehan (D-Dist. 36, Narragansett, North Kingstown) sought copies of all depositions and exhibits relating to the civil lawsuit against 38 Studios.

Sheehan, Chairman of the Senate Committee on Government Oversight, made his request under the Access to Public Records Act.

In response, attorney Thomas E. Carlotto informed Sheehan that certain defendants to the litigation have filed a motion for protective order in Superior Court. He further wrote, in that March 5 letter, that “once a party moves for a protective order, this order shall act as a stay of the obligation to respond to the (APRA) request and the confidential material or attorneys’ eyes-only material shall not be produced until the court rules on the motion.”

Sheehan said he was “disappointed by the motion to stay public access to these documents” and said he will wait for the Superior Court ruling to determine what, if any, action to take at that time.

Senator Sheehan said he requested the court material to make the records available for review by the Oversight Committee to help complete the public record and to help policymakers avoid a recurrence of the 38 Studios deal. 

“The public and policymakers are entitled to know what transpired to bring about this failure,” Sheehan said.

He also said that the materials are important to the committee, which “has dedicated much time and resources to reviewing the practices and operations of quasi-public agencies with an eye toward improving their performance, transparency and accountability.”

There was no indication when Superior Court Judge Michael A. Silverstein would rule on the motion.