PCHB166005454

PCHBPollution Control Hearings Board of the State of Washington

The Port of Seattle ("Port"), by and through its counsel of record, moves the Board for an order compelling Petitioners Airport Communities Coalition's ("ACC") to make its identified witnesses available for deposition and to impose limitations consistent with CR 34(b) on any site visit to the Port's property by ACC's witnesses. The Port's motion is supported by a memorandum in support, which has been filed concurrently with the motion. In addition to that memorandum, the Port relies on the Board's Prehearing Order of October 30, 2001, CR 26, CR 34, the Second Declaration of Steven G. Jones and the documents attached to that declaration, and the pleadings and files herein. I. RELIEF REQUESTED ACC has requested a site visit on the Port's property. The Port has responded to ACC's request by stating that it is willing to accommodate a site visit, consistent with the requirements set forth in CR 34. In ongoing negotiations with ACC, the Port has outlined conditions consistent PORT OF SEATTLE'S MOTION TO COMPEL FOSTER PEPPER _d SHEFELMAN PLLC DEPOSITIONS AND TO LIMIT ENTRY ONTO LAND - 1 1111 TItlRDAVrNUr, SUITE3400 SEATTLE,WASmNGTON98101-3299 206-447-4400 ORIGINAL AR 005454 with that rule under which such a visit can take place. ACC has rejected the Port's conditions, and in a move designed to delay the discovery schedule in this matter and ultimately to force a delay in the hearing on the merits, ACC has refused to make any of its witnesses available for deposition until the site visit issue is resolved.…
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