HomeMy WebLinkAbout03-20-2020 - Apps PropDiscoPlan1
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125110.0002/8016095.1
APPELLANT'S PROPOSED DISCOVERY PLAN - 1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
THE HEARING EXAMINER OF THE CITY OF RENTON
RE:
TracFone Wireless, Inc.
Administrative Appeal
APPELLANT'S PROPOSED
DISCOVERY PLAN
Pursuant to the Hearing Examiner’s Pre-Hearing Order dated February 21, 2020,
Appellant TracFone Wireless, Inc., (“TracFone”) submits the following proposed discovery
plan.
1. Written/Document Discovery.
a. Audit File. Shortly after the hearing, counsel for TracFone conferred with counsel
for the City regarding its discovery needs. Counsel for TracFone informed the City that it
needed to obtain the City’s audit file since it likely to contain information material to
understanding the outside auditor’s analysis, assumptions, records of communications with
City staff or others. Based upon review of the audit file, counsel for TracFone will be able to
determine if any other document discovery will be sought. Counsel for TracFone has been
informed by Counsel for the City that the circumstances arising out of the COVID-19
emergency has delayed locating and preparing the audit file for production.
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125110.0002/8016095.1
APPELLANT'S PROPOSED DISCOVERY PLAN - 2
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
b. City Documents regarding the retention, payment and communications with the
outside auditor (to the extent such documents are not contained in the audit file), and
deliberations regarding the assessment.
c. Other Document Discovery. Within 14-days after the date the audit file is received
by Appellant, Appellant will identify any other written discovery it will request to the City. In
the event that the parties are unable to agree on a scope of permitted discovery, Appellant
proposes that the Parties contact the Hearing Examiner and schedule a phone conference to
resolve any dispute.
2. Depositions.
a. Appellant has notified the City that it intends to take the deposition of the outside
auditor, Mr. Crisp following receipt and review of the audit file.
b. City Staff. Again, depending upon analysis of the information in the audit file,
Appellant reserves the right to take one or two depositions of key staff involved in the audit
and/or the assessment.
3. Reservation of Rights.
In light of the unusual circumstances facing the litigants due to the COVID-19 virus
emergency and the fact that Appellant has yet to receive the audit file, Appellant reserves the
right to request either and extension of the discovery cutoff and/or rescheduling of hearing.
DATED: March 20, 2020
LANE POWELL PC
By
Scott M. Edwards, WSBA No. 26455
edwardss@lanepowell.com
Grant S. Degginger, WSBA No. 15261
deggingerg@lanepowell.com
Attorneys for TracFone Wireless, Inc.
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125110.0002/8016095.1
APPELLANT'S PROPOSED DISCOVERY PLAN - 3
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury of the laws of the State of Washington and the
United States that, on the date listed below, I caused to be served a copy of the attached
document to the following persons via electronic mail:
Kari L. Sand
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, WA 98164
ksand@omwlaw.com
Cynthia Moya
Renton City Clerk
1055 So. Grady Way
Renton, WA 98057
cmoya@rentonwa.gov
olbrechtslaw@gmail.com
Executed on the 20th day of March, 2020, at Seattle, Washington.
s/ Deborah Strayer
Deborah Strayer, Legal Assistant