TagACC(1524)

The Port of Seattle filed this reply memorandum in PCHB No. 01-160 responding to the Airport Communities Coalition’s (ACC) opposition to the Port’s motion to compel depositions and limit site visit access. The Port argues ACC has stalled discovery by refusing to produce documents, make witnesses available for deposition, or agree to site visit dates.

The Airport Communities Coalition (ACC) filed this reply brief in support of its motion to compel inspection of Port of Seattle property, including wetlands, surface waters, and soils. ACC argues that the Port has improperly restricted site access despite providing unrestricted access to Ecology staff and Port consultants, and that CR 34 expressly permits such

The Airport Communities Coalition (ACC) replies to the Port of Seattle’s opposition to ACC’s motion to extend the discovery schedule in PCHB No. 01-160. ACC argues that the Port controls site access and has withheld data and expert reports, only agreeing to propose site visit dates on January 16, 2002, just days before the February

The Washington Department of Ecology responds to the Airport Communities Coalition’s motion to extend the discovery schedule in PCHB No. 01-160. Ecology agrees to extend the discovery cutoff to February 15, 2002, but opposes extending deadlines for the ACC’s final exhibit list and prefiled direct testimony. Ecology argues the ACC has refused to make experts

Airport Communities Coalition files a notice of appearance before the Pollution Control Hearings Board for the State of Washington in PCHB No. 01-160. The coalition is represented by Michael P. Witek of Helsell Fetterman LLP. The respondents are the Washington State Department of Ecology and the Port of Seattle.

The Airport Communities Coalition (ACC) responds to the Port of Seattle’s motion to compel depositions and limit site access. ACC argues that the Port has repeatedly refused to provide dates for site access under CR 34, while simultaneously demanding ACC experts testify by deposition without having visited the site. ACC contends that fairness requires site

The Airport Communities Coalition (ACC) responds to the Port of Seattle’s motion to compel production of documents and subpoenas duces tecum in PCHB Case No. 01-160. ACC argues that the Port’s discovery requests are overbroad, unduly burdensome, and seek documents already in the Port’s possession or irrelevant to whether Ecology had reasonable assurance to issue

Declaration by Michael P. Witek submitted to the Pollution Control Hearings Board for the State of Washington in support of the Airport Communities Coalition’s response to motions to compel and limit entry. The declaration authenticates 19 exhibits including correspondence between ACC counsel and Port of Seattle counsel, emails, deposition transcripts, and discovery documents related to

The Port of Seattle opposes the Airport Communities Coalition’s motion to compel an unrestricted site visit to Port property, arguing that CR 34(a) does not permit unlimited ‘fishing expeditions’ onto another’s property. The Port cites case law establishing that site inspections must be subject to reasonable restrictions and conducted with particularity, and notes that it

The Port of Seattle opposes the Airport Communities Coalition’s (ACC) motion to extend the discovery schedule in PCHB No. 01-160. The Port argues that ACC has failed to comply with discovery obligations, refused to produce witnesses for deposition, and declined to proceed with depositions it had itself noted. The Port contends that granting the extension