EXH AR002760: Motion in Limine to Quash Subpoena of Linda Logan, PCHB 01-160

In March 2002, the Port of Seattle filed a motion asking the Pollution Control Hearings Board to quash a subpoena issued by the Airport Communities Coalition (ACC) seeking testimony from Dr. Linda Logan, an employee of consulting firm Parametrix. The Port argued two reasons for quashing: Dr. Logan did not appear on any party's final witness list as required by the Board's pre-hearing order, and the accompanying notice under Civil Rule 43(f) was improper because Dr. Logan was neither a party nor a managing agent of the Port of Seattle.

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Port of Seattle motion in limine filed March 11, 2002 in PCHB case No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port of Seattle) requesting the Pollution Control Hearings Board quash ACC’s subpoena and Civil Rule 43(f) notice compelling Parametrix employee Dr. Linda Logan to testify. Two grounds stated: (1) Dr. Logan does not appear on any party’s final witness list as required by the third pre-hearing order; (2) CR 43(f) notice is defective because Logan is a Parametrix Inc. employee, not a party or managing agent of the Port of Seattle. Filed by Foster Pepper & Shefelman PLLC, Brown Reavis & Manning PLLC, and Port of Seattle General Counsel Linda J. Strout. Certificate of service by Holly Simmelink served on Joan Marchioro (Ecology), Peter Eglick/Kevin Stock/Michael Witek (Helsell Fetterman), Rachael Paschal Osborn, and Richard Poulin (Smith & Lowney).

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