HomeMy WebLinkAbout(FINAL) JOINT MOTION FOR STATUS CONFERENCE (3.16.22)_
JOINT MOTION FOR STATUS CONFERENCE - 1 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WASHINGTON 98111-9402
206.223.7000 FAX: 206.223.7107
125110.0002/8921718.1
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Judge Matthew J. Segal Noted for Consideration: March 18, 2022 Without Oral Argument
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
TRACFONE WIRELESS, INC., Petitioner, v. CITY OF RENTON, Respondent.
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No. 21-2-08552-7 KNT JOINT MOTION FOR STATUS CONFERENCE
I. RELIEF REQUESTED
Petitioner TracFone, Inc., (“TracFone”) and Respondent City of Renton (“City”) jointly
move the Court to set a scheduling conference to enter an appropriate case schedule in this
proceeding.
II. STATEMENT OF FACTS
This case is a writ of review under provisions of RCW 7.16.040. TracFone is seeking
review of the final decision of the City’s Hearing Examiner issued June 9, 2021, upholding an
assessment of Renton’s telephone utility tax against TracFone.
On August 13, 2021, Chief Civil Presiding Judge Ketu Shah (“Judge Shah”) entered an
order issuing the writ of review. Judge Shah’s order set a deadline for the City to compile and
submit the administrative record from the Hearing Examiner’s proceedings. Degginger Decl.,
Exhibit 1. The order also stated that:
“The clerk’s office will generate a case schedule and a department assignment.”
On October 8, 2021, the City filed the administrative record and transcripts of the
JOINT MOTION FOR STATUS CONFERENCE - 2 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WASHINGTON 98111-9402
206.223.7000 FAX: 206.223.7107
125110.0002/8921718.1
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proceedings before the Renton Hearing Examiner; however, the parties did not receive a case
schedule or a department assignment at that time. Last week, counsel for TracFone contacted
Judge Shah’s judicial assistant to inquire whether a motion for a status conference or alternatively
a motion to issue a case schedule should be directed to Judge Shah. On Friday, March 11, 2022,
counsel for TracFone received in the mail a copy of a Notice Regarding an Order Setting Original
Case Schedule in this matter dated March 8, 2022, with a box checked stating that “The enclosed
case schedule is issued pursuant to a court order dated 8/13/2021.” Degginger Decl., Exhibit 2.
Also attached was an order setting civil case schedule with a filing stamp of August 13, 2021,
assigning the case to this Court. Degginger Decl., Exhibit 3. The schedule appears to contain the
standard deadlines for a civil case.
Counsel for the parties conferred by email and phone on Monday, March 14, 2022. Counsel
for the City, who has formally appeared in this matter, had not received a copy of the case schedule,
nor a copy of the March 8, 2022 notice.
Because this is a writ of review case with the Court serving in an appellate role reviewing
a closed administrative record, counsel for the parties agree that the deadlines contained in the
issued case schedule are inappropriate for this type of proceeding. Therefore, the parties
respectfully request the Court to set a time for a status conference, at which time a briefing schedule
and hearing date can be established. In advance of the status conference, the parties will meet and
confer in an effort to reach agreement on possible hearing dates and briefing schedules.
III. STATEMENT OF ISSUE
Shall the Court issue an order setting a status conference in this matter at which time a
briefing schedule and hearing date will be set?
IV. EVIDENCE RELIED UPON
Declaration of Grant S. Degginger and exhibits attached thereto.
V. AUTHORITY
Local Civil Rule 4(d) authorizes the assigned court to amend the case schedule to manage
the timing of the proceedings. Civil Rule 16(a)(5) provides that by order, or on the motion of any
JOINT MOTION FOR STATUS CONFERENCE - 3 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WASHINGTON 98111-9402
206.223.7000 FAX: 206.223.7107
125110.0002/8921718.1
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party, the court may in its discretion direct the attorneys for the parties to appear before it for a
conference to consider such other matters as may aid in the disposition of the action.
The circumstances concerning the issuance of the current case schedule are unusual and
will not result in a proper presentation of this writ action. The parties jointly request a status
conference to set a proper case schedule and hearing date.
VI. ORDER
A proposed order setting a status conference is attached.
JOINT MOTION FOR STATUS CONFERENCE - 4 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WASHINGTON 98111-9402
206.223.7000 FAX: 206.223.7107
125110.0002/8921718.1
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DATED: March 16, 2022
LANE POWELL PC
By: s/ Grant S. Degginger
Grant S. Degginger, WSBA No. 15261
Scott M. Edwards, WSBA No. 26455
Telephone: 206.223.7000
deggingerg@lanepowell.com
edwardss@lanepowell.com
Attorneys for Petitioner TracFone Wireless, Inc.
DATED: March 16, 2022
OGDEN MURPHY WALLACE P.L.L.C.
By: s/ Kari L. Sand
Kari L. Sand, WSBA No. 27355
Julia Norwood, WSBA No. 52876
Telephone: 206.447.7000
ksand@omwlaw.com
jnorwood@omwlaw.com
Attorneys for Respondent City of Renton
I certify that this memorandum contains 598 words, in compliance with the Local Civil Rules
JOINT MOTION FOR STATUS CONFERENCE - 5 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WASHINGTON 98111-9402
206.223.7000 FAX: 206.223.7107
125110.0002/8921718.1
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CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury under the laws of the State of Washington that on
the date listed below, I caused to be served a copy of the foregoing document to the following
persons via in the manner indicated:
Cynthia Moya Renton City Clerk 1055 So. Grady Way Renton, WA 98057 cmoya@rentonwa.gov cityclerk@rentonwa.gov
by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
Kari L. Sand Julia Norwood Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 ksand@omwlaw.com jnorwood@omwlaw.com
by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
DATED this 16th day of March, 2022.
s/ Aleshia Cooke-West Aleshia Cooke-West, Legal Assistant