Milwaukee County Circuit Court Judge Dominic Amato on Thursday quickly rejected an attempt by a Boston catering firm to take depositions from all members of the Wisconsin Center Board in another strange twist to the Board’s cumbersome attempt to issue a new food and beverage contract.

But the ugly fight may not be over as an attorney for Boston firm said the company will consider this week whether to file a lawsuit to block the final approval of the contract.

Distinctive Gourmet, which finished second in the recent battle for the $7 million food and beverage contract, went to court this week, seeking a highly unusual ruling that would have allowed the firm to take deposition of Board members before it decided if it wanted to file a lawsuit to try and stop the awarding of the contract to Levy Restaurants, Chicago.

Several political sources said Distinctive Gourmet attempted the unusual request to avoid a frivolous lawsuit ruling that would have required them to pay attorney fees for the Wisconsin Center.

“You are trying to put the cart before the horse,” Amato said at the conclusion of a 20-minute hearing. “If you have enough evidence go ahead and file a lawsuit. But you can’t use this as a way to circumvent fair play.”

The Wisconsin Center District Board on May 9 directed District staff to begin negotiations with Levy Restaurants. In making that decision, the board decided against the recommendation of a four-person subcommittee that reviewed the proposals for the contract. The subcommittee recommended awarding the contract to Distinctive Gourmet, headed by three employees that used to work for the catering company that has the current contract, despite suggestions that convention center staff was trying to steer them the contract.

Board members have questioned the process used to award the contract, which included allowing all four bidders to review their competitors’ cost proposals and then being offered the opportunity to resubmit new, revised financial proposals.

“Distinctive Gourmet has attempted to have the District Board reconsider its decision, without success,” the company said in court documents. “In order to prevent a failure of justice, Distinctive Gourmet must immediately depose District Board members and staff to determine if the admitted irregularities of the selection process resulted in an arbitrary and capricious decision by the Board that was willful and irrational.”

Distinctive Gourmet recently hired Todd Robert Murphy, a Milwaukee public relations executive, to try and lobby Board members to reverse the decision, but he was apparently unsuccessful.

During his attempt to convince Amato to issue the unusual ruling, Christopher Hale, a Milwaukee attorney representing Distinctive Gourmet, attacked the bidding process used by the Wisconsin Center Board, an ironic move considering some Board members have alleged the process was geared to steer the contract towards Distinctive Gourmet.

“This process was so convoluted and has so many problems,’ Hale said. “We need to know if the Board acted in good faith. There were all sorts of leaks and other problems that we need to know what happened here.”

Hale also continued the firm’s attack on Milwaukee Common Council President Marvin Pratt, who is a member of the District Board, alleging that the aldermen went to great lengths to steer the contract to Levy. In its petition filed with Amato, Distinctive Gourmet alleged that Pratt had been a guest of Levy’s at the NCAA Final Four in New Orleans in March and also had private meetings with Levy representatives.

Pratt has strongly denied he attended the basketball games with Levy, saying he bought his tickets through Marquette University. Levy officials have also said they were not even at the game and do not have any food contracts in New Orleans.

“I categorically deny the allegations that I accepted any gratuities, money or anything else of value from Levy Restaurants,” Pratt said in a statement.

Pratt has even vowed to sue Distinctive Gourmet over its allegations.

“We don’t know if it was a good faith, but misguided effort by Alderman Pratt or there was some undue influence here,” Hale said. “We want to get to the bottom of this.”

Charles Graupner, a Milwaukee attorney representing the Wisconsin Center, said Distinctive Gourmet was attempting to abuse the legal system to its own advantage.

“They apparently didn’t feel they had good enough facts for a lawsuit so they want to be able to depose 16 of the busiest people in Wisconsin without any legal basis,” he said. “They want a free shot at discovery, hoping they would be able to find a legitimate basis” to challenge the contract award.

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