TagPCHB(607)

Airport Communities Coalition (ACC) v. Department of Ecology et al., PCHB No. 01-160. Table of 17 cases cited in discovery motions and responses, received by the Environmental Hearings Office on January 18, 2002. Cases include: American Medical Systems v. National Union Fire Insurance (E.D. La. 1999), Belcher v. Bassett Furniture Industries (4th Cir. 1978), Boring

Airport Communities Coalition (ACC) reply brief filed January 18, 2002, in PCHB No. 01-160 before the Washington Pollution Control Hearings Board, opposing Port of Seattle’s resistance to extending the February 1, 2002 discovery deadline. ACC argues Port of Seattle refused site visit access until January 16, 2002, withheld expert data and reports, and failed to

Summary statement for deposition publication submitted by ACC and CASE in ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160, pursuant to Order Granting Appellant’s Motion to Publish Depositions dated March 19, 2002. Deponent is Thomas Fitzsimmons, Director, Department of Ecology, deposed January 18, 2002. Testimony offered per CR 32(a)(2)

Response filed January 18, 2002 by the State of Washington Department of Ecology (represented by Attorney General Christine O. Gregoire, Thomas J. Young, Jeff Kray, and Joan M. Marchioro) opposing ACC’s motion in PCHB No. 01-160. Ecology agrees to extend discovery cutoff to February 15, 2002 (not February 25 as ACC requested), but opposes extending

ACC (Airport Communities Coalition) response filed with the Pollution Control Hearings Board (PCHB No. 01-160) opposing Port Of Seattle’s motion to compel production of documents and challenging subpoenas duces tecum served December 10, 2001. ACC argues Port’s discovery requests under CR 26 are overbroad and unduly burdensome, including Request for Production No. 3 demanding ‘all

Declaration by Michael P. Witek filed in Pollution Control Hearings Board (PCHB) Case No. 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port of Seattle, in support of ACC’s response to motions to compel and limit entry. Document lists Exhibits A through S, including ACC’s November 26, 2001 Request for

Port Of Seattle legal brief filed with the Pollution Control Hearings Board (PCHB No. 01-160) opposing Airport Communities Coalition (ACC) motion to compel inspection of Port property. Filed by Foster Pepper & Shefelman PLLC, received January 18, 2002. Argues ACC’s demand for unlimited site visit under CR 34(a) constitutes impermissible fishing expedition, citing Belcher v.

Port Of Seattle opposition memorandum filed January 17, 2002 in PCHB No. 01-160, opposing Airport Communities Coalition (ACC) motion to extend discovery schedule and direct testimony deadline. Port argues ACC failed to produce any documents in response to requests for production, refused to allow deposition of ACC witnesses, and declined to proceed with 31 depositions

Fourth Declaration of Steven G. Jones, attorney for Respondent Port Of Seattle, filed January 17, 2002 in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle). Jones describes ACC’s January 10, 2002 Notice of Deposition noting 31 depositions from January 17–31, 2002; Port’s preparation to produce Paul

Notice of Appearance filed January 17, 2002 by Airport Communities Coalition (ACC) through attorney Michael P. Witek of Helsell Fetterman LLP in PCHB Case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. ACC enters appearance against respondents State of Washington Department of Ecology and Port Of Seattle (counsel Roger Pearce,