PCHB164005408

PCHBPollution Control Hearings Board of the State of Washington

The Port of Seattle ("Port"), by and through its counsel of record, moves the Board for an order: 1. Compelling the Airport Communities Coalition ("ACC") to produce all responsive documents sought by the Port in its requests for production, and to comply with the subpoenas duces tecum that the Port has issued with respect to ACC's expert witnesses; 2. Continuing the depositions of all ACC expert witnesses based on ACC's failure to produce documents so that the Port may depose ACC's witnesses in light of ACC's document production; and 3. For an order denying the submittal of any testimony from a witness for whom ACC has not produced documents and who has not been made available for deposition following production of all responsive documents. PORT OF SEATTLE'S MOTION TO FOSTER PEPPER _' SHEFELMAN PLLC COMPEL PRODUCTION OF DOCUMENTS - 1 1111 THIRDAVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 ORIGINAL AR 005408 II. BACKGROUND FACTS The Port propounded its first set of Interrogatories and Requests for Production on November 9, 2001. A copy of those discovery requests is attached to the Third Declaration of Steven G. Jones ("Third Jones Dec.") as Exhibit A. ACC served the Port with its responses and objections to the Port's discovery requests on December 10, 2001. A copy of ACC's objections and responses is attached to the Third Jones Dec. as Exhibit B. In its Requests, the Port asked for "all documents relied on or reviewed to form the basis of the opinions, facts, or other testimony referenced…
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