PCHB033001494

PCHBPollution Control Hearings Board of the State of Washington

EXPANSION, ) ECOLOGY MANAGERS AND CR 30(b)(6) ) DESIGNATED WITNESSES Intervenor, ) ) v. ) ) STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY and THE ) PORT OF SEATTLE, ) ) Respondents. ) ) On March 19, 2002, during the hearing on the merits, the Board entered its ruling on appellant ACC's Motion To Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses. The Board ruled that no deposition would be admitted carte blanche. Instead, the Board set forth a detailed process for publishing the depositions of Tom Fitzsimmons, Gordon White and Ray Hellwig under CR 32(a)(2), and Ann Kenny, Erik Stockdale, John Drabek, Kevin Fitzpatrick and Peter Kmet under CR 30(b)(6). The parties have submitted the materials as directed in the earlier order. The Board has reviewed the materials and enters this order based on the objections and responses raised. For ease in formatting, the order will be organized so that the objections with which the Board agrees will be described. All other objections are overruled by the Board. This order lists those segments of the depositions PCHB No. 01-160 1 ORDER PUBLISHING DEPOSITIONS AR 001494 that are admitted. Attached to this order is a copy of each of the depositions clearly showing those portions that are not admitted. OBJECTIONS John Drabek: All Objections were overruled on Mr. Drabek's deposition. Kevin Fitzpatrick: The following objections were upheld on Mr. Fitzpatrick's deposition: FROM TO REASON Page 62, line 19 page 63, line 1 Foundation, speculation. Page 79, line 18…
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