PCHB083002760

PCHBPollution Control Hearings Board of the State of Washington

and B. Respondent Port of Seattle requests the Board to quash both the subpoena and the notice for two independent reasons. First, Dr. Logan does not appear on the final witness list for any party. A copy of ACC's final witness list is attached at Tab C. Dr. Logan's name does not appear on that witness list. A copy of the Port of Seattle's final witness list is attached at Tab D. Dr. Logan's name does not MOTION TO QUASH SUBPOENA OF LINDA LOGAN - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 R IGINA L SEATTLE, W;__H414N7__g98101-3299 503,,787.0, AR 002760 appear on that witness list. The third pre-hearing order entered by the Board in this matter requires as follows: "In order for a witness to be called, that witness must appear on the final witness lists which have already been filed with the Board." Accordingly, both the subpoena and the notice naming Dr. Logan should be quashed. Second, the notice given pursuant to Civil Rule 43(t") is defective. Under CR 43(f), only the attendance of a party or the managing agent of a party may be required at the trial. Dr. Logan is an employee of Parametrix, Inc., not an employee of the Port of Seattle. She is neither a party nor the managing agent of a part_. For this second reason, the notice to appear at trial should be quashed. DATED this day of March, 2002. PORT OF SEATTLE L" . , eral Counsel, WSBA No. 9422 Traci…
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