HomeMy WebLinkAbout03-20-2020 - Respondent City of Renton's Proposed Discovery Plan (2115589x7ACF2)1
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{KZS2114231.DOCX;1/07851.000003/ }
CITY’S PROPOSED DISCOVERY PLAN - 1
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON
RE:
TracFone Wireless, Inc.
Administrative Appeal
RESPONDENT CITY OF RENTON’S
PROPOSED DISCOVERY PLAN
TO: HEARING EXAMINER’S OFFICE.
AND TO: TRACFONE WIRELESS, INC, APPELLANTS, BY AND THROUGH THEIR
ATTORNEYS GRANT S. DEGGINGER AND SCOTT EDWARDS.
CITY’S PROPOSED DISCOVERY PLAN
A. Introduction
This administrative appeal arises from a telephone utility tax assessment imposed by the
local taxing authority, Respondent City of Renton (“City”), on the taxpayer, TracFone Wireless,
Inc. (“TracFone”) based on the City’s February 14, 2019 utility tax audit letter covering the taxing
period from January 1, 2007 through May 31, 2013 (the “Renton Tax Audit”). The City maintains
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{KZS2114231.DOCX;1/07851.000003/ }
CITY’S PROPOSED DISCOVERY PLAN - 2
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
that TracFone is a telephone business and is therefore subject to the City’s telephone utility tax for
its sales of prepaid airtime within the City during the taxing period, and TracFone disputes this
position. The City anticipates pursuing discovery regarding TracFone’s business model, including,
but not limited to, how TracFone serves its Renton customers through sales by authorized
distributors in Renton (e.g., Walmart, Target, Fred Meyer, 7-Eleven, CVS, Walgreens, etc.) and
through direct sales to Renton customers.
B. Guiding Principles for Discovery
The City is committed to cooperating with TracFone during the discovery phase of this
administrative appeal and expects to reasonably resolve any discovery issue with TracFone. If the
parties cannot resolve a discovery matter after a good faith attempt, the matter will be brought
before the Hearing Examiner to resolve through a telephonic conference. Discovery will be
managed in a manner designed to minimize expenses and maximize efficiencies to all parties as
much as reasonably possible, including utilizing electronic means of document production
whenever possible. Nothing in the City’s discovery plan is intended to preclude the parties from
engaging in the informal exchange of information in lieu of formal discovery.
C. City’s Audit File
TracFone has requested, and the City has agreed to produce, the audit file for TracFone
maintained by Taxpayer Recovery Services, LLC for the City. The City expects to provide the
audit file as soon as possible.
D. Anticipated Discovery Sought by the City
The City proposes that the discovery limitations set forth in the Civil Rules and Local Civil
Rules of the Superior Court for King County apply to these proceedings. Prior to the discovery
cut-off deadline of July 31, 20201, the City anticipates propounding written discovery by means
of requests for admissions, interrogatories and requests for production. The City further anticipates
1 See Revised Prehearing Order issued on February 24, 2020, at p. 3.
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{KZS2114231.DOCX;1/07851.000003/ }
CITY’S PROPOSED DISCOVERY PLAN - 3
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
issuing a CR 30(b)(6) notice of deposition and subpoena to TracFone that will describe with
reasonable particularity the topics for examination.
E. Public Records Act Requests
The City agrees to provide notice to TracFone, through its attorneys of record, in the event
the City receives a records request pursuant to the Public Records Act, chapter 42.56 RCW, for
any records pertaining to TracFone; moreover, in the event of any such records request, the City
agrees to allow TracFone a reasonable opportunity to seek court protection of its records pursuant
to RCW 42.56.540.
F. Reservation of Rights
Given the unusual circumstances facing the parties due to the COVID-19 (novel
coronavirus) pandemic, the City reserves the right to request either an extension of the discovery
cutoff and/or a continuance of the appeal hearing and all remaining case schedule deadlines
impacted in the event of a continuance.
RESPECTFULLY SUBMITTED this 20th day of March, 2020.
OGDEN MURPHY WALLACE, PLLC
By /s/ Kari L Sand
Kari L. Sand, WSBA #27355
Attorney for Respondent City of Renton
ksand@omwlaw.com
901 Fifth Avenue, Suite 3500
Seattle, WA 98164-2008
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{KZS2114231.DOCX;1/07851.000003/ }
CITY’S PROPOSED DISCOVERY PLAN - 4
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
DECLARATION OF SERVICE
I, Erin Kelly, an employee of Ogden Murphy Wallace, PLLC, declare under penalty of
perjury under the laws of the State of Washington that on March 20th, 2020, a true and correct
copy of the foregoing document was served upon the parties listed below via the method
indicated:
TracFone Wireless, Inc.
Scott Edwards
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
EdwardsS@LanePowell.com
Grant S. Degginger
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
DeggingerG@LanePowell.com
[X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service
City of Renton Hearing Examiner
Cynthia Moya
Renton City Clerk
1055 South Grady Way
Renton, WA 98057
cmoya@rentonwa.gov
olbrechtslaw@gmail.com
[X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service
DATED this 20th day of March, 2020, at Seattle, Washington.
/s/ Erin Kelly
Erin Kelly, Legal Assistant
ekelly@omwlaw.com