Attorneys for a private school suing the Andover School Committee and Andover Public Schools took a deposition from former Superintendent Sheldon Berman last week.

Attorneys for Fusion Academy had been scheduled to begin questioning Berman under oath on Thursday, according to court records. Fusion in seeking $4 million in lost revenue, interest and attorney fees in a lawsuit filed in U.S. District Court in Boston after having applications to open a private school in Andover twice denied by the school committee.

Berman was superintendent when the company’s first application was denied in April 2019. He stepped down as superintendent at the end of 2020.

Joe Wadland of Andover-based Wadland & Ackerman, which is representing Fusion, said two depositions in the case have been completed, one is in progress and about 10 more will be taken in the coming weeks, including Berman’s.

Berman could not be reached for comment Tuesday. By policy, Andover Public Schools and the school committee do not comment on active litigation.

Among the allegations in Fusion’s lawsuit are claims the school committee violated the Massachusetts Open Meeting Law and an accusation that Berman starting working with members of the committee to draft a press release announcing the denial of Fusion’s application a month before the committee voted.

The court granted the school district’s request to conduct the deposition of Berman, who now lives in Oregon, remotely. Andover-based Wadland & Ackerman, which is representing Fusion, had wanted to depose Berman in person.

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