BENTON COUNTY, Ark. (KNWA/KFTA) — A settlement has not been reached after mediation failed in the lawsuit against companies owned by Dave and Jenny Marrs, the hosts of “Fixer to Fabulous” on HGTV.
The Marrs’ own both Marrs Construction and Jupiter Rentals, which are named as defendants in the lawsuit.
The couple that filed the suit, Matthew and Sarah McGrath, claim that they entered into a contract with the defendants, which was later breached.
In a court document filed on Oct. 2, the McGrath’s legal team claims that both mediation and repeated attempts to have the defendants produce supplements have failed.
The document claims that the defendants failed multiple times to properly respond to discovery, even when the deadline was extended.
“The plaintiffs served a first set of interrogatories and requests for production to both defendants on March 13, 2023,” the filing said. “On April 5, 2023, counsel for the defendants requested a one-month extension to his deadline to produce responses to the plaintiffs’ discovery, which was due at that time on April 12, 2023.”
The McGraths agreed to the extension and the responses were then due on May 12. The Marrs’ made the deadline, but the court document says that the responses were “full of objections and vague promises to supplement.”
A letter from the McGrath’s attorney suggested that a failure to properly produce the supplements would result in a motion to compel on June 1.
The defendants reportedly did not comply.
“[Defendants] instead continued to engage in what they thought to be good faith discussions regarding settlement,” the court filing said.
During a pretrial conference on July 20, the court directed all parties to attempt mediation. On Sept. 19, the parties engaged in mediation, which the plaintiffs say “failed utterly.”
According to the filing, the defendants asked that the responses be due on Sept. 25. On that day, the defendants requested a new deadline of close of business on Sept. 29.
As of Oct. 2, the defendants had not produced a response, according to the plaintiff.
The McGrath’s court filing asks that the court order the defendants to produce all answers to discovery. The filing also asks that the defendants be ordered to pay attorney’s fees.
“The plaintiffs have expended all good faith available to them in the attempt to get the defendants to produce these responses, and for that reason this court should order the defendants to pay a reasonable sum in attorney’s fees to the plaintiffs for the need for them to file this motion,” the filing said.
Legal representatives for Marrs Construction and Jupiter Rentals have not responded to KNWA/FOX24’s request for comment. Legal representatives for the McGraths have declined to comment.
A five-day jury trial is scheduled to start at 9 a.m. on Sept. 23, 2024, at the Benton County Courthouse.
The full story about the lawsuit can be read here.