HomeMy WebLinkAbout02-21-2020 - Pre Hearing Order 1
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7 THE HEARING EXAMINER OF THE CITY OF RENTON
8 RE:
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TracFone Wireless,Inc.
10 PRE-HEARING ORDER
11 Administrative Appeal
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18 The schedule and procedural rules outlined below apply to the above-captioned appeal.
19 This prehearing order is based exclusively upon the prehearing conference conducted
on February 18, 2020 at 10:00 am.
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21 A. Document Distribution. All documents required by this Order shall be
emailed, mailed or delivered to the parties at the addresses below. All documents must
22 be received by the due dates set by this order. For mailed documents, documents shall
23 be deemed received three business days after mailing.
24 Hearing Examiner's Office
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26 Cynthia Moya Renton City Clerk
1055 Grady Way
27 Renton, WA 98057
28 CMoya@rentonwa.gov
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PRE-HEARING ORDER
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Appellant
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4 Scott Edwards Scott Edwards
Lane Powell, PC
5 1420 5th Ave., Suite 4200
6 Seattle, Washington 98101
7 EdwardsS@LanePowell.com
8 City of Renton
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Alex Tuttle Kari Sand
10 Ogden Murphy Wallace
11 901 Fifth Ave., Suite 3500
Seattle, WA 98164-2008
12 ksand@omwlaw.com
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14 B. Hearing Date. The appeal hearing will be held on September 15 at 1:00
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15 pm and September 16, 2020 at 10:00 am in the 7th Floor City Council Chamber at
16 Renton City Hall at 1:00 pm.
17 C. Exhibit and Witness Lists. The parties are required to exchange witness
18 and exhibit lists per the schedule below. Witness lists should include a summary of the
testimony to be provided by each witness along with a general estimate on the length of
19 the testimony. The time estimates are just for scheduling purposes. Witnesses will not
20 be bound to the estimates. The exhibit lists shall list any documents, recordings, videos
21 or photographs that the parties intend on presenting at the appeal hearing. No exhibits
or witness testimony beyond those identified in the witness and exhibit lists will be
22 admitted unless necessary for reasonably unanticipated rebuttal or for other good cause.
23 Exhibits not already distributed must be exchanged contemporaneously with the
final exhibit lists and may be distributed by email.
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25 D. Hearing Format. As identified in RMC 5-26-18B5, the taxpayer has the
burden of proof in an administrative tax appeal. Consequently, the taxpayer shall have
26 first and last rights of presentation as identified in the following hearing format:
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28 1. Taxpayer's opening and presentation of evidence.
2. City's opening and presentation of evidence.
29 3. Taxpayer's rebuttal evidence.
30 4 City's closing arguments.
PRE-HEARING ORDER
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1 5. Taxpayer's closing arguments.
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E. Cross-Examination. All witnesses who present live testimony will be
3 subject to cross-examination. Declarations and other documents that would qualify as
4 testimony are admissible without a right of cross-examination unless a right to cross-
examine is asserted by email to all hearing parties within three calendar days of when
5 the document is disclosed in the witness and exhibit lists. Documents qualify as live
6 testimony if the substantive content was prepared specifically for the appeal.
7 F. Schedule. The following schedule applies:
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9 3/20/20 Discovery Plan due
10 5/15/20 Preliminary Witness/Exhibit Lists due
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7/31/20 Discovery Cut-off
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13 8/14/20 Final Witness/Exhibit Lists due
14 8/28/20 Pre-hearing briefs due
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16 9/15/20 Appeal hearing commences and runs at dates and times specified in
Paragraph A.
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19 ORDERED this 21st day of February 2020.
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23 .1 A.Olbrects
City of Renton Hearing Examiner
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PRE-HEARING ORDER
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PRE-HEARING ORDER
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Parties of Record
TracFone Wireless, Inc.
TracFone:
Scott Edwards, Attorney at Law.
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
206-223-7010
edwardss@lanepowell.com
Grant Degginger, Attorney at Law
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
deggingerG@lanepowell.com
City's Attorney:
Kari Sand
Ogden Murphy Wallace, PLLC
901 Fifth Avenue, Suite 3500
Seattle, WA 98164
(206) 447-7000
ksand@omwlaw.com
Jan Hawn, ASD Administrator
Kari Roller, Financial Services Manager
Nate Malone, Tax & Licensing Program Manager
Leslie Clark, Senior Assistant City Attorney
Shane Moloney, City Attorney
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1055 South Grady Way,Renton,WA 98057 • rentonwa.gov