HomeMy WebLinkAbout12-22-2020 - City's Motion to Continue HRG Date - 12.22.2020 (2336957x7ACF2)1
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{KZS2336957.DOCX;1/07851.000003/ }
RESPONDENT CITY’S MOTION AND ORDER TO CONTINUE
HEARING DATE & PROPOSED CASE SCHEDULE ORDER - 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 MOTION AND PROPOSED ORDER TO CONTINUE HEARING DATE AND RELATED CASE SCHEDULE
TO: HEARING EXAMINER’S OFFICE
COMES NOW, Respondent City of Renton, by and through its attorney of record, Kari L.
Sand of Ogden Murphy Wallace, PLLC, and hereby moves that the hearing in this matter presently
scheduled for two days during the week of January 11, 2021, be continued to the week of either
March 15, 2021, if no dispositive or other prehearing motions are filed, or until the week of April
26, 2021, if either party files a dispositive or other prehearing motion, as reflected on the table on
the next page. The parties continue to anticipate a hearing of up to three (3) days.
For over a month, the parties have been actively engaged in discussions regarding a revised
case schedule due to unanticipated scheduling issues that have caused both parties to need
additional time for discovery. In addition, the parties have discussed a revised case schedule that
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{KZS2336957.DOCX;1/07851.000003/ }
RESPONDENT CITY’S MOTION AND ORDER TO CONTINUE
HEARING DATE & PROPOSED CASE SCHEDULE ORDER - 2
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
would allow either party to bring prehearing or dispositive motions. Unfortunately, the parties
were not able to reach agreement on the hearing date and were therefore unable to stipulate to a
revised case schedule. Respondent City of Renton wants a later hearing date in the event either
party files a prehearing or dispositive motion in order to allow additional time between the
Examiner’s decision on such motion(s) and the undertaking of final hearing preparations.
Accordingly, Respondent City of Renton hereby moves to amend the hearing date and case
schedule events and dates provided for in the Stipulated Motion and Order to Continue dated May
15, 2020, as follows:
City Production of Balance of Audit File December 10 1, 2020
Final Witness Lists Due December 21, 2020
Written Discovery
RFA Answers from TracFone Due December 22, 2020
RFA/RFP Answers from City Due December 16, 2020
Discovery Cut-off January 8, 2021
Prehearing/Dispositive Motions Due January 29, 2021
Optional Opposition Briefs Due Within 14 days of Motion filing
Optional Reply Briefs Due Within 5 days of Opposition Briefs
filing
If Neither Party Files Any
Prehearing or Dispositive Motions
If Either or Both Parties File
Prehearing or Dispositive
Motions
Final Exhibit Lists
Due
7 days prior to hearing start date 10 business days after
Examiner’s decision on
motion(s)
Prehearing Briefs
Due
7 days prior to hearing start date 10 business days after
Examiner’s decision on
motion(s)
Hearing Date Up to 3 days week of March 15, 2021 Up to 3 days during the week of
April 26, 2021
1 The audit file from both the City and TRS has been substantially produced. Both the City and TRS continue to
seasonably supplement as any additional e-mails or other documents are discovered.
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{KZS2336957.DOCX;1/07851.000003/ }
RESPONDENT CITY’S MOTION AND ORDER TO CONTINUE
HEARING DATE & PROPOSED CASE SCHEDULE ORDER - 3
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
RESPECTFULLY SUBMITTED this 22nd day of December, 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
PROPOSED ORDER
Based on the foregoing Motion, it is HEREBY ORDERED that the original hearing in
this matter is continued from the week of January 11, 2021 to up to three days during the week of
either March 15, 2021, if no dispositive or other prehearing motions are filed, or during the week
of April 26, 2021, if one or both parties files any dispositive or other prehearing motions, as
reflected in the table above.
DATED this _____ day of December, 2020
__________________________________
HEARING EXAMINER
Presented By:
OGDEN MURPHY WALLACE PLLC
By
Kari L. Sand, WSBA #27355
Attorney for Respondent City of Renton
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{KZS2336957.DOCX;1/07851.000003/ }
RESPONDENT CITY’S MOTION AND ORDER TO CONTINUE
HEARING DATE & PROPOSED CASE SCHEDULE ORDER - 4
OGDEN MURPHY WALLACE, PLLC
901 5th Ave, Suite 3500
Seattle, WA 98164
Tel: 206-447-7000/Fax: 206-447-0215
Approved as to Form; Notice of Presentation Waived
LANE POWELL, PC
By
Scott M. Edwards WSBA #26455
Grant S Degginger WSBA #15261
Attorneys for Appellant TracFone Wireless Inc