PCHB035001885

On April 11, 2002, Appellant ACC filed a motion to redact portions of the pre- filed testimony of Paul Fendt. The basis for this motion is the Board's earlier ruling on a motion to strike certain pre-filed testimony. That earlier order clearly set forth the need for a discovery cut off and set the date as February 28, 2002. The parties were "prohibited from relying on information created after February 28, 2002." Specifically, the order prohibited the parties from indicating "what the Port or Ecology has done since February 28, 2002, .... to revise, clarify, explain or modify the Low Flow Plan." In the current motion, the alleged offense comes from discussions and work conducted on the Low Flow Plan between February 12, 2002 and February 19, 2002, PCHB 01-160 1 ORDER DENYING ACC'S MOTION TO REDACT AR 001885 but which did not get collected and delivered until March 6, 2002, after the discovery cut-off noted above. This case is complicated by the changing documentation resulting from on- going work on various aspects of the required mitigation plans at the airport. Although the intent of these modifications appears to be to make the plans better, these efforts impair the ability of the Board or the other parties to know the current status of each plan. The purpose of a bright-line discovery cut-off is to make relevant information available to the litigants in a timely fashion. The situation created by Mr. Fendt's material is not as clearly violative of the Board's…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]