HomeMy WebLinkAbout5. Exhibit 1 re Decl. of Kari SandEXHIBIT 1
Kari L. Sand
From: Degginger, Grant <DeggingerG@LanePowell.com>
Sent: Thursday, June 17, 2021 8:41 AM
To: Kari L. Sand; Edwards, Scott M.
Cc: Nate Malone
Subject: RE: TracFone v. Renton - Follow-up to Examiner's Ruling
Kari,
Respectfully, prior to issuance of the hearing examiner's decision, the city was asked and the city agreed with the
calculations that were submitted to the hearing examiner. You stated in the affirmative after your client, which we
assume included Mr. Malone, the Tax Manager, reviewed the data and said it was correct.
The hearing examiner issued a final order. Pursuant to 4-8-100G(3)(E)(x), the final order is not subject to a motion for
reconsideration. The hearing examiner no longer has jurisdiction.
LANE POWELL
GRANT S. DEGGINGER
Shareholder Bio I vCard
deggingerg@lanepowell.com
D 206.223.7390 C 206.484.8154
LANEPOWELL.COM
From: Kari L. Sand <ksand@omwlaw.com>
Sent: Wednesday, June 16, 2021 3:16 PM
To: Edwards, Scott M. <EdwardsS@LanePowell.com>; Degginger, Grant <DeggingerG@LanePowell.com>
Cc: Nate Malone <NMalone@Rentonwa.gov>
Subject: RE: TracFone v. Renton - Follow-up to Examiner's Ruling
I CAUTION: This is an external email. Do NOT click links or open attachments unless you are certain the content is
safe.
Hello again, Scott & Grant —
I'm following-up on my e-mail to you from this past Monday, June 14. Please confirm whether TracFone is willing to
stipulate to the accuracy of the corrected spreadsheets, which are attached again for your ease of reference.
Based on the clear error, I wanted to provide TracFone an opportunity to agree as to the need for correction. I am
willing to take the laboring oar to prepare a joint motion for reconsideration to bring the error and need for correction
to the Examiner's attention. Please let me know if TracFone agrees to join the City's motion for reconsideration by 5:00
PM tomorrow (Thursday, June 17); if I don't hear from you by then, the City will file a motion for reconsideration
individually.
Sincerely,
1
Kari L. Sand Attorney (she/her)
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
Direct: 206.447.2250 I Fax: 206.447.0215
ksand@omwlaw.com www.omwlaw.com
Take a look at Ogden Murphy Wallace's new website!
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
From: Kari L. Sand
Sent: Monday, June 14, 2021 12:35 PM
To: Edwards, Scott M. <EdwardsS@LanePowell.com>; Degginger, Grant <DeggingerG@LanePowell.com>
Cc: Nate Malone <NMalone@Rentonwa.gov>
Subject: TracFone v. Renton - Follow-up to Examiner's Ruling
Good afternoon, Scott & Grant —
Upon review of the Hearing Examiner's final decision, the City began inputting the refund request into its system. Upon
inputting the amounts, a discrepancy was discovered in the spreadsheet calculation the parties provided to the
Examiner prior to his final ruling. The error was a summation error in a formula for calculating the total interest due. The
formula inadvertently included only the most recent 3 years of the audit period instead of the entire audit period on cell
120. This error resulted in an overstatement of the amount of refund due to Tracfone, as well as a decrease in the per
diem interest rate for overpayment interest. The total refund due as of the date of the hearing should have been
$48,161.47 in audit corrections, plus refund interest of $2,427.34, for a total refund of $50,588.81. The per diem interest
accrual should be $3.96 from 5/27/2021 until the date refunded. Attached are corrected spreadsheets for your review.
Is TracFone willing to stipulate to the accuracy of the attached, corrected spreadsheets? Please advise —thank you.
Kari L. Sand Attorney (she/her)
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
Direct: 206.447.2250 Fax: 206.447.0215
ksand@omwlaw.com www.omwlaw.com
Take a look at Ogden Murphy Wallace's new website!
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
This message is private or privileged. If you are not the person for whom this message is intended, please delete
it and notify me immediately, and please do not copy or send this message to anyone else.
2