HomeMy WebLinkAbout(FINAL) DECLARATION OF GRANT S. DEGGINGER IS SUPPORT OF JOINT MOTION FOR STATUS CONFERENCE with Exh. (3.16.22)DECLARATION OF GRANT S. DEGGINGER IS SUPPORT OF 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
125110.0002/8921728.1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Judge Matthew J. SegalNoted for Consideration: March 18, 2022Without Oral Argument
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
TRACFONE WIRELESS, INC.,
Petitioner,
v.
CITY OF RENTON,
Respondent.
)))))))))))
No. 21-2-08552-7 KNT
DECLARATION OF GRANT S. DEGGINGER IS SUPPORT OF JOINT MOTION FOR STATUS CONFERENCE
Grant S. Degginger, declares the following:
I am one of the attorneys for Petitioner TracFone Wireless, Inc. (“TracFone”) and make
the following statements based upon my personal knowledge.
In this action, TracFone is seeking review of a City of Renton Hearing Examiner’s
decision upholding an assessment of Renton’s utility tax against TracFone. On August 13, 2021,
Chief Civil Presiding Judge Ketu Shah (“Judge Shah”) entered an order issuing the writ of
review. The order required that the record of the proceedings before the hearing examiner be
filed with the Court by October 8, 2021. The order also stated that “the clerk’s office will
generate a case schedule and a department assignment.” A copy of Judge Shah’s order is
attached as Exhibit 1.
On October 8, 2021, the City filed the administrative record and transcripts of
proceedings before the hearing examiner; however, the parties never received a case schedule
and department assignment.
Last week, counsel for TracFone contacted Judge Shah’s judicial assistant to inquire
DECLARATION OF GRANT S. DEGGINGER IS SUPPORT OF 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
125110.0002/8921728.1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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.” Also attached was a civil case schedule with a filing stamp of
August 13, 2021, assigning the case to this Court. Copies of the Notice and the Case Schedule
are attached hereto as Exhibits 2 and 3.
On Monday, March 14, 2022, counsel for the parties conferred by email and phone.
Counsel for the City reported that she had not received a copy of the Notice and the Case
Schedule. The case schedule appears to be in the form of the standard civil trial case schedule,
with deadlines and procedures inconsistent with a writ of review proceeding where the court is
reviewing a closed record.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
DATED: March 16, 2022
LANE POWELL PC
By:s/ Grant S. Degginger
Grant S. Degginger, WSBA No. 15261
Telephone: 206.223.7000
deggingerg@lanepowell.com
Attorney for TracFone Wireless, Inc.
DECLARATION OF GRANT S. DEGGINGER IS SUPPORT OF 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
125110.0002/8921728.1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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 MoyaRenton City Clerk 1055 So. Grady Way Renton, WA 98057 cmoya@rentonwa.govcityclerk@rentonwa.gov
by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
Kari L. SandJulia Norwood Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 ksand@omwlaw.comjnorwood@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
EXHIBIT 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
125110.0002/8578718.1
[WRIT OF REVIEW - 1 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
Chief Civil Judge (Judge Shah) August 13, 2021 10:30 am
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
TRACFONE WIRELESS , INC.,
Petitioner,
v.
CITY OF RENTON,
Respondent.
)))))))))))
No. 21-2-08552-7 KNT
WRIT OF REVIEW
STATE OF WASHINGTON, To: City of Renton, Office of Hearing Examiner
1055 So. Grady Way Renton, WA 98057
Petitioner TracFone, Inc. (“TracFone”), through its attorneys of record has applied for
a Writ of Review directing that the files, records, and transcript of proceeding in the appeal of
TracFone Wireless, Inc. before the City of Renton Hearing Examiner be certified to this court
for its review.
You are hereby commanded unless otherwise directed by this Court, to certify fully to
this Court no later than,October 8, 2021, at the King County Maleng Regional Justice Center,
401 Fourth Avenue North, Kent, Washington, the files, records, and a transcript of proceedings
of the Renton Hearing examiner in In re TracFone Wirelesss, Inc.and to provide counsel for
Petitioner Tracfone and Respondent City of Renton copies thereof.
The clerk’s office will generate a case schedule and a department assignment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
125110.0002/8578718.1
[WRIT OF REVIEW - 2 LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
DATED: August 13, 2021
Chief Civil Judge
Presented by:
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
125110.0002/8578718.1
[WRIT OF REVIEW - 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 under the laws of the State of Washington and
the United States that, on July 30, 2021, I caused a true and correct copy of the foregoing to be
served on the following person(s) at the address and in the manner indicated below:
Cynthia Moya Renton City Clerk 1055 So. Grady Way Renton, WA 98057 cmoya@rentonwa.govcityclerk@rentonwa.gov
☒by Electronic Mail
by Facsimile Transmission
by First Class Mail
☒by Hand Delivery
by Overnight Delivery
Kari L. Sand Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 ksand@omwlaw.com
☒by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
DATED this 30th day of July, 2021, at Seattle, Washington.
Angela Craig, Legal Assistant
King County Superior Court
Judicial Electronic Signature Page
Case Number:
Case Title:
Document Title:
Signed By:
Date:
Judge:
This document is signed in accordance with the provisions in GR 30.
Certificate Hash:
Certificate effective date:
Certificate expiry date:
Certificate Issued by:
Page 4 of 4
C=US, E=kcscefiling@kingcounty.gov, OU=KCDJA,
O=KCDJA, CN="Ketu Shah: JucZz5NJ6RGgel22jC1lQQ=="
5/15/2024 7:53:41 PM
5/15/2019 7:53:41 PM
41BC7BE703C39E5167ABAA2DBC227D8AF2183334
ORDER RE WRIT OF REVIEW
TRACFONE INC VS CITY OF RENTON
21-2-08552-7
Ketu Shah
August 13, 2021
Ketu Shah
EXHIBIT 2
FILED
2022 MAR 08
KING COUNTY
SUPERIOR COURT CLERK
CASE #: 21-2-08552-7 KNT
EXHIBIT 3