PCHB036001887

Litigation is not supposed to be an exercise in mind-reading. The purpose of discovery is to provide a mechanism for making relevant information available to the litigants in a timely17 fashion. "Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation." Hickman v. Taylor, 329 U.S. 495 (1947). 2o There are two pieces of sworn testimony relevant to this motion. First is a statement made by King County reviewer Kelly Whiting at his February 28, 2002 deposition indicating that, although he had discussed the problem of low flow frequencies in Walker Creek with Port consultants, he had not as of the date of his deposition received corrections to the Low Flow Plan. See Declaration of Peter J. Eglick, Attachment 1 (filed with Appellant's opening brief).25 The second relevant testimony is Mr. Paul Fendt's post hoc explanation, attached to the Port's ACC'SREPLYMEMOINSUPPORTOF OR_g _, ¢ _i' _ L HELSELLMOTION TO REDACT TESTIMONY I i _i_ F E T T E R M A N OF PAUL FENDT - 1 A Limited Liability P........... hip AN 001887 , ooPooET8o°No .o..ox21846 SEATTLE, WA 98111-3846 PH: (206) 292-1144 response brief, that he had investigated the issue, resolved it, and prepared a piece of evidence indicating his resolution, all during the month of February. He did not, however, share that information with Mr. Whiting or Appellants until March 6 or 7. The sentence at page 11, lines 18-19 of Mr. Fendt' s pre-filed direct testimony, along with the March…

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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 [...]