Hale County Circuit Judge Marvin W. Wiggins has reset a hearing on a defense motion to dismiss in Cole v. Newbern to Thursday, December 18, 2025, at 9:00 a.m., continuing an October setting while the parties coordinate a site investigation they say could bear on the issues raised in the motion.
The motion had been noticed for hearing on Thursday, October 30, at 9:00 a.m., before being continued at the joint request of the plaintiffs and defendant Kevin D. White.
The joint continuance filing states that a site investigation is being scheduled and “may be dispositive” of White’s motion, and that the visit is unlikely to be completed before the original October 30 setting, grounds the court accepted in moving the matter to December.
White has also served responses to the plaintiffs’ first interrogatories and document requests, reflecting discovery activity continuing alongside the motion practice.
On the defense side, appearances continue to firm up. Balch & Bingham filed a notice of appearance for Auburn University, Auburn University Rural Studio, and individual defendants Andrew Freear, Emily Mc- Glohn, and Mason Hinton on October 13.
Maynard Nexsen likewise noticed its appearance for Auburn University Real Estate Foundation and recorded an agreed extension to November 14, 2025, to answer or otherwise respond.
The Town of Newbern added Morgan B. Beckman as additional counsel of record on September 24.
Separately, defendant Walthalia Ltd. II has answered the complaint with broad denials and a slate of affirmative defenses, including failure to state a claim, lack of duty, statuteof- limitations defenses, and challenges to trespass, nuisance, conspiracy, and punitive- damages theories.
The Town of Newbern has noticed service of its discovery responses, signaling that both sides’ written discovery is underway.
The lawsuit, filed August 13, alleges that an unpermitted outfall near Newbern’s wastewater facility routed contaminated discharges onto the Coles’ property and seeks damages, injunctive relief, and condemnation-related remedies. The defendants generally deny liability.
No court has ruled on the merits of the claims, and all allegations remain contested. The next scheduled setting is the rescheduled motion hearing on December 18 at 9:00 a.m. in Greensboro.
