PCHB123003705

PCHBPollution Control Hearings Board of the State of Washington

Port's pending Motion for Partial Summary Judgment on SEPA Issue Dear Ms. Cottingham, am writing to ask for expedited resolution of an issue relating to timing of service of briefs. On February 8, 2002, the Port filed its Motion for Partial Summary Judgment on SEPA Issue and attempted to serve the Appellants. Copies of the motion were received by Helsell Fetterman and Smith & Lowney, however, I did not receive a copy of the motion, memorandum, or the accompanying materials on that date. Apparently, the Port attempted to serve the memorandum by facsimile, but the fax was not received at my offices. I received the materials on Monday, February 11, 2002. ACC intends to move to strike the Port's motion as untimely, as it was not served on all counsel before the deadline established in the Board's Pre-hearing Order (February 8, 2002) for filing and serving dispositive motions. However, in an abundance of caution we also intend to file a response. Because the memorandum was not received at my office until February 11, we calculate the time for the ACC-CASE response, which will be filedjointly, to be 10 days from that date, or February 21. Consistent with the directive of the Pre-Hearing Order, I attempted to resolve this issue with Mr. Pearce. Attached are two letters: mine to Pearce and his response. I also attempted to contact Mr. Pearce this morning to arrange a conference call with your office, however, he is attending depositions and not available until an unknown…
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