PCHB141004748

v. ) MEMORANDUM ON ITS MOTION TO ) COMPEL DEPOSITIONS AND FOR STATE OF WASHINGTON ) LIMITATION ON ENTRY ONTO LAND DEPARTMENT OF ECOLOGY, and ) THE PORT OF SEATTLE, ) ) Respondents. ) ACC's response to the Port's motion to compel ACC to make its witnesses available for deposition and to agree to reasonable restrictions on a site visit is both typical of ACC's past approach and completely consistent with ACC's strategy of pushing out discovery as far as possible. In a Response which the Board's Prehearing Order limited to 7 pages, ACC spends fully pages misstating the Port's position, accusing the Port of bad faith, and incessantly complaining about the Port's failure to provide dates I for a site visit. Amidst all the vitriol and recrimination, ACC's Response fails to acknowledge the following salient facts that have a direct bearing on both the discovery dispute and the parties' ability to prepare for the hearing on the merits in March: _ACC incorrectlycomplainsthat thePorthas failedto offerdatesfora sitevisitnofewerthan 5 timesin its 9-page Response(1:21;2:27;2:20;4:5 and9:19). ThePortinitiallywaitedto providedatesin the vainhopethat ACCwould agreeto reasonablerestrictionson its sitevisit. However,in a lettersentandreceivedpriorto ACC'sresponse,the Portofferedtwo datesforsucha visit: January25 andJanuary28. Consistentwith its strategyof stiflingdiscovery, ACCpromptlyrejectedboth ofthosedatesin a lettersentonJanuary17. PORTOF SEATTLE'SREPLYONITSMOTIONTO FOSTERPEPPER __4SHEFELMANPLLC COMPEL DEPOSITIONS AND FOR LIMITATION ON 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 ENTRYONTOLAND- 1 206-447-4400 ORIGINAL AR 004748 • ACC has not produced a single document in this case;2 • Despite having failed to obtain any protective order or bring a motion to compel a…

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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 [...]