HomeMy WebLinkAbout12-22-2020 - TRACFone Declaration of Degginger in Support of Motion1
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125110.0002/8295568.1
DECLARATION OF GRANT DEGGINGER - 1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON
RE: TracFone Wireless, Inc. Administrative Appeal
DECLARATION OF GRANT S. DEGGINGER IN SUPPORT OF TRACFONE’S MOTION TO REVISE CASE SCHEDULE AND CONTINUE HEARING DATE
I, Grant Degginger, declare as follows:
I am one of the attorneys for appellant TracFone Wireless, Inc.(“TracFone”), and make
the following statements based upon my personal knowledge.
Since the entry of the stipulated motion and order amending the case schedule, counsel
for the parties have been working in good faith to complete document discovery, written
discovery and depositions under the challenging circumstances brought about by the COVID-
19 pandemic.
Difficulties in securing all documents that were part of the audit file and record from a
non-party, Tax Recovery Services and witness scheduling issues including the unavailability
of a city witness due to a family leave were among the reasons why the parties were unable to
complete discovery by the date set in the schedule.
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125110.0002/8295568.1
DECLARATION OF GRANT DEGGINGER - 2
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
For several weeks, counsel for the parties have attempted to work out an agreed motion
for amendment of the case schedule and a new date for the hearing. While the parties were
able to agree on some interim deadlines to keep discovery moving, they disagreed on a
proposed new hearing date and the timetable for submission and consideration of dispositive
or pre-trial motions. TracFone preferred a mid-March hearing, with dispositive and/or pre-
hearing motions addressing issues such as exhibits, witnesses or other issues filed by January
29th. The City has expressed a preference for commencing the hearing the week of April 26th,
and an interest in filing a dispositive motion in advance of the hearing. The City has opposed
having oral argument on any dispositive motion. TracFone believes that factual disputes in
this case will preclude resolution of this case on summary judgment. The issues merit careful
consideration and that oral argument on any dispositive or pretrial motion would be valuable
in assisting the Hearing Examiner in fully understanding them.
TracFone has proposed a revised case schedule and hearing date in its accompanying
motion.
I declare under penalty of perjury under the laws of the United States and the laws of
the State of Washington the foregoing is true and correct to the best of my knowledge.
EXECUTED at Seattle, Washington, this 22nd day of December, 2020.
/s/ Grant S. Degginger Grant S. Degginger
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125110.0002/8295568.1
DECLARATION OF GRANT DEGGINGER - 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 22nd day of December, 2020, at Seattle, Washington.
s/ Norma Tsuboi Norma Tsuboi, Legal Assistant