PCHB058002201

ACC has filed a motion in limine to exclude the testimony of Dave Garland on the grounds that ACC allegedly was unaware that Mr. Garland would be testifying regarding the Port's December 2001 Low Flow Plan. This motion should be denied. Contrary to ACC's claims, it has long been aware that Mr. Garland was reviewing that plan and would be offering testimony regarding his review. Moreover, ACC has had, and continues to have, the opportunity to depose Mr. Garland regarding his testimony. AR 002201 ECOLOGY'SRESPONSETOACC'S 1 ATTORNEYGENERALOFWASHINGTON Ecology Division MOTIONTOEXCLUDETESTIMONY 1,0Box40117 FROM DAVE GARLAND Olympia, WA 98504-0117 ORIGINAL FAX(360)586-6760 II. STATEMENT OF FACTS Mr. Garland's answers to interrogatories specifically state that he will be testifying regarding "his review of the integration of the groundwater modeling performed by the Port for the embankment fill as it relates to the Port's low flow mitigation plan." See Ex. A attached to Declaration of Rachel Pascal Osborne in Support of ACC's Motion in Limine. ACC deposed Mr. Garland on January 9, 2002. Ex. C attached to Declaration of Rachel Pascal Osborne. At his deposition, Mr. Garland testified regarding his review of the Port's groundwater modeling and stated that he thought he would be reviewing the Port's 2001 Low Flow Plan. Id. Other witnesses also testified at deposition that Mr. Garland was reviewing the December 2001 Low Flow Plan, including Ann Kenny on February 20, 2002, and Kelly Whiting on February 28, 2002. Exs. F & H attached to Declaration of Rachel Pascal Osborne. In…

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 [...]