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Home My WebLink About10-12-2023 - HEX email - Motion in Limine (2) Cynthia Moya From:Phil Olbrechts <olbrechtslaw@gmail.com> Sent:Friday, October 13, 2023 7:15 AM To:Calvert, Maren L. Cc:Patrice Kent; McKee, Lisa D.; Cynthia Moya; Wilson-McNerney, Julie; Katzaroff, Kenneth; Blythe Phillips Subject:Re: The Home Depot - Def. Nos. 23001823 and 23001824 Motion in Limine \[IWOV-PDX.FID4965804\] CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Drop box is preferable. Thank you! On Fri, Oct 13, 2023 at 6:28 AM Calvert, Maren L. <MCalvert@schwabe.com> wrote: Mr. Examiner and City: How would you like to receive The Home Depot’s exhibits? Some of the files are quite large. Will you accept a sharefile drop box link, or would you prefer to have a series of emails with just a few (or maybe one) exhibit attached to each? Maren Maren Calvert Shareholder Pronouns: she, her, hers (360) 597-0804 1 mcalvert@schwabe.com From: Wilson-McNerney, Julie <JWilson-McNerney@schwabe.com> Sent: Thursday, October 12, 2023 5:51 PM To: Patrice Kent <PKent@rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Calvert, Maren L. <MCalvert@schwabe.com> Cc: McKee, Lisa D. <LMcKee@schwabe.com>; Cynthia Moya <CMoya@Rentonwa.gov>; Katzaroff, Kenneth <KKatzaroff@SCHWABE.com>; Blythe Phillips <BPhillips@Rentonwa.gov> Subject: RE: The Home Depot - Def. Nos. 23001823 and 23001824 Motion in Limine \[IWOV-PDX.FID4965804\] We’ve received as well. Thanks. Julie Wilson-McNerney Of Counsel Pronouns: she, her, hers D: (206) 407-1516 jwilson-mcnerney@schwabe.com 2 From: Patrice Kent <PKent@rentonwa.gov> Sent: Thursday, October 12, 2023 4:17 PM To: Phil Olbrechts <olbrechtslaw@gmail.com>; Calvert, Maren L. <MCalvert@schwabe.com> Cc: McKee, Lisa D. <LMcKee@schwabe.com>; Cynthia Moya <CMoya@Rentonwa.gov>; Wilson-McNerney, Julie <JWilson-McNerney@schwabe.com>; Katzaroff, Kenneth <KKatzaroff@SCHWABE.com>; Blythe Phillips <BPhillips@Rentonwa.gov> Subject: Re: The Home Depot - Def. Nos. 23001823 and 23001824 Motion in Limine Received - thank you Regards, Patrice Kent Sr. Assistant City Attorney From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Thursday, October 12, 2023 2:51:27 PM To: Patrice Kent <PKent@rentonwa.gov>; Calvert, Maren L. <mcalvert@schwabe.com> Cc: McKee, Lisa D. <LMcKee@schwabe.com>; Cynthia Moya <CMoya@Rentonwa.gov>; Wilson-McNerney, Julie <JWilson-McNerney@schwabe.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com>; Blythe Phillips <BPhillips@Rentonwa.gov> Subject: Re: The Home Depot - Def. Nos. 23001823 and 23001824 Motion in Limine CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. I don't appear to have any additional argument from Issue C of Home Depot's September 8, 2023 motion in limine. Home Depot's motion in limine on Issue C is granted. No collateral attack on the findings and conclusions of the September 5, 2023 Dismissal Order will be allowed at the appeal hearing. Those issues have been resolved for the reasons identified in the Dismissal Order. See you all on October 24! 3 On Mon, Oct 2, 2023 at 4:00 PM Patrice Kent <PKent@rentonwa.gov> wrote: Good afternoon Mr. Hearing Examiner – Thank you for your patience, I have been sick with COVID for over a week and am finally recovering. I also understand the City will have until Friday October 6, 2023 to contest the September 5, 2023 Order. With respect to the status of the next production of public records requested, the next production is scheduled for October 19, 2023. As there are numerous potentially responsive documents to be reviewed, it is not clear when the request will be closed. I hope this addresses the questions raised, and I apologize for not providing a more timely response. Regards, Patrice M. P ATRICE K ENT | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 pkent@Rentonwa.gov | (425) 430-6482 4 CONFIDENTIALITY NOTICE: This e-mail, including any attachments, is confidential and may include privileged information. If you are not the intended recipient, or believe you have received this e-mail in error, please do not copy, print, forward, re-transmit, or otherwise disseminate this e-mail, its contents, or any of its attachments. Please delete this e-mail. Also, please notify the sender that you have received this e-mail in error. PUBLIC DISCLOSURE: Please be advised the City of Renton is required to comply with the Public Disclosure Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City via email, including personal information, may ultimately be subject to disclosure as a public record. From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Thursday, September 28, 2023 8:47 PM To: Patrice Kent <PKent@rentonwa.gov>; Calvert, Maren L. <mcalvert@schwabe.com> Cc: McKee, Lisa D. <LMcKee@schwabe.com>; Cynthia Moya <CMoya@Rentonwa.gov>; Wilson-McNerney, Julie <JWilson-McNerney@schwabe.com>; Katzaroff, Kenneth <KKatzaroff@schwabe.com>; Blythe Phillips <BPhillips@Rentonwa.gov> Subject: Re: The Home Depot - Def. Nos. 23001823 and 23001824 Motion in Limine CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Parties, Recognizing that the motion in limine affects your prep time for the appeal hearing, I want to give you as much advance notice of my rulings as I can with the limited time I have right now given other projects. First, as agreed upon by the parties, no evidence will be allowed on settlement negotiations or evidence/argument on Grady Way improvements. The 24-hour witness notice will also be required. On the PRA issue, my inclination is to allow any records requested, but to give HD additional time to respond as necessary by leaving open the appeal hearing for written argument or to continue the hearing to a second day. Please advise as to the status of the record requests so that we can address this issue in advance. 5 The law of the case issue is the one remaining issue I need to find time to review. I should have a ruling on that by the end of next week. On Wed, Sep 20, 2023 at 1:54 PM Patrice Kent <PKent@rentonwa.gov> wrote: Received, thank you. In the future, will you please add our Senior Paralegal Blythe Phillips to the notice? Her address is copied in the address box above. Regards, Patrice M. P ATRICE K ENT | Senior Assistant City Attorney City of Renton | 1055 S. Grady Way | Renton WA 98057 pkent@Rentonwa.gov | (425) 430-6482 CONFIDENTIALITY NOTICE: This e-mail, including any attachments, is confidential and may include privileged information. If you are not the intended recipient, or believe you have received this e-mail in error, please do not copy, print, forward, re-transmit, or otherwise disseminate this e-mail, its contents, or any of its attachments. Please delete this e-mail. Also, please notify the sender that you have received this e-mail in error. PUBLIC DISCLOSURE: Please be advised the City of Renton is required to comply with the Public Disclosure Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City via email, including personal information, may ultimately be subject to disclosure as a public record. 6 From: McKee, Lisa D. <LMcKee@schwabe.com> Sent: Wednesday, September 20, 2023 1:45 PM To: Patrice Kent <PKent@rentonwa.gov>; Cynthia Moya <CMoya@Rentonwa.gov>; olbrechtslaw@gmail.com Cc: Calvert, Maren L. <MCalvert@schwabe.com>; Wilson-McNerney, Julie <JWilson-McNerney@schwabe.com>; Katzaroff, Kenneth <KKatzaroff@SCHWABE.com> Subject: The Home Depot - Def. Nos. 23001823 and 23001824 \[IWOV-PDX.FID4777904\] CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Hello, Attached here for filing and service in the above noted matter before the City of Renton’s Hearing Examiner are the following documents: 1. The Home Depot’s Reply in Support of its Motion in Limine, and 2. Declaration of Julie Wilson-McNerney in Support of The Home Depot’s Reply to the City of Renton’s Response to The Home Depot’s Motion in Limine. No hard copies will follow by mail unless requested. Thank you. Lisa McKee Paralegal/Legal Assistant to Maren Calvert, 7 Patrick Mullaney, and Julie Wilson-McNerney (360) 905-1105 lmckee@schwabe.com __________________________________________________________ NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. __________________________________________________________ NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. 8