PCHB144004759

PCHBPollution Control Hearings Board of the State of Washington

The Airport Community Coalition's ("ACC") Motion to Extend the Discovery Schedule contains three requests: (1) to extend the discovery cutoff until February 25, 2002; (2) to extend the time for filing the ACC's final exhibit list to March 1, 2002; and (3) to extend the time for filing the ACC's Prefiled Direct Testimony to March 1, 2002. Ecology agrees that the discovery cutoff should be extended, but only until February 15, 2002. Ecology opposes the ACC's other requests. The ACC has refused to make its experts available for deposition. The ACC also has refused to proceed with depositions of the Port of Seattle's ("Port") witnesses. The ACC noted the Port's witnesses for deposition then refused to proceed with them. The ACC's ECOLOGY'S RESPONSE TO ACC'S 1 ATTORNEYGENERALOF WASHINGTON Ecology Division MOTION TO EXTEND THE DISCOVERY ao Box40117 SCHEDULE Olympia, WA 98504-0117 ORIGINAL reason for canceling the depositions is that it needs to visit the site. However, the ACC's need to visit the site has not prevented it from proceeding with depositions of Ecology's witnesses. Also, the ACC's experts already have provided extensive testimony in this matter without needing a site visit. Because of the ACC's cancellations, there are now too many depositions remaining to be completed by February 1. Therefore, Ecology supports extending the discovery cutoff until February 15, 2002. Ecology opposes the ACC's requests to extend the time for filing its final exhibit list and the time for filing its prefiled direct testimony. The ACC's proposal would unnecessarily compromise…
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