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HomeMy WebLinkAbout03-20-2020 - Apps PropDiscoPlan1 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 125110.0002/8016095.1 APPELLANT'S PROPOSED DISCOVERY PLAN - 1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 THE HEARING EXAMINER OF THE CITY OF RENTON RE: TracFone Wireless, Inc. Administrative Appeal APPELLANT'S PROPOSED DISCOVERY PLAN Pursuant to the Hearing Examiner’s Pre-Hearing Order dated February 21, 2020, Appellant TracFone Wireless, Inc., (“TracFone”) submits the following proposed discovery plan. 1. Written/Document Discovery. a. Audit File. Shortly after the hearing, counsel for TracFone conferred with counsel for the City regarding its discovery needs. Counsel for TracFone informed the City that it needed to obtain the City’s audit file since it likely to contain information material to understanding the outside auditor’s analysis, assumptions, records of communications with City staff or others. Based upon review of the audit file, counsel for TracFone will be able to determine if any other document discovery will be sought. Counsel for TracFone has been informed by Counsel for the City that the circumstances arising out of the COVID-19 emergency has delayed locating and preparing the audit file for production. 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 125110.0002/8016095.1 APPELLANT'S PROPOSED DISCOVERY PLAN - 2 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 b. City Documents regarding the retention, payment and communications with the outside auditor (to the extent such documents are not contained in the audit file), and deliberations regarding the assessment. c. Other Document Discovery. Within 14-days after the date the audit file is received by Appellant, Appellant will identify any other written discovery it will request to the City. In the event that the parties are unable to agree on a scope of permitted discovery, Appellant proposes that the Parties contact the Hearing Examiner and schedule a phone conference to resolve any dispute. 2. Depositions. a. Appellant has notified the City that it intends to take the deposition of the outside auditor, Mr. Crisp following receipt and review of the audit file. b. City Staff. Again, depending upon analysis of the information in the audit file, Appellant reserves the right to take one or two depositions of key staff involved in the audit and/or the assessment. 3. Reservation of Rights. In light of the unusual circumstances facing the litigants due to the COVID-19 virus emergency and the fact that Appellant has yet to receive the audit file, Appellant reserves the right to request either and extension of the discovery cutoff and/or rescheduling of hearing. DATED: March 20, 2020 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 125110.0002/8016095.1 APPELLANT'S PROPOSED DISCOVERY PLAN - 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 of the laws of the State of Washington and the United States that, on the date listed below, I caused to be served a copy of the attached document to the following persons via electronic mail: Kari L. Sand Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 ksand@omwlaw.com Cynthia Moya Renton City Clerk 1055 So. Grady Way Renton, WA 98057 cmoya@rentonwa.gov olbrechtslaw@gmail.com Executed on the 20th day of March, 2020, at Seattle, Washington. s/ Deborah Strayer Deborah Strayer, Legal Assistant