Bryan
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTONTACOMA
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)
ARTHUR WEST )
Appellant, ) No. 085741 RJB
)
Vs. ) APPELLANT’S
) OBJECTION TO
STEPHEN JOHNSON, et al ) MOTIONS TO
Respondents ) STAY
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Comes now the plaintiff and makes the following preliminary response and
objection to defendant’s requests to stay initial disclosures and discovery:
1.Introduction
even the initial disclosures pending determination of theiras yet unfiledmotions to
dismiss.
improper, and seek to unfairly impose what is in effect a prior restraint upon the
dispositive motions.
These motions of defendants are based upon inferences drawn from the very
facts they seek to withhold, an improper characterization of the plaintiff’s claims in
regard to APA review, and are further clearly interposed for improper purposes, and
plaintiff requests that they be withdrawn, so as to spare the Court further needless
expenditure of time in resolving FRCP 11 motions.
2.Argument
belief in the beneficial effects of the discovery process “They (the draftsmen)
expected that the exchange of information between the litigants would bring the
court more facts, better reasoned arguments, and a fuller knowledge of the merits
of the suit2.”
discovery rules, and will serve to frustrate the public policy in just and economical
disposition of cases on the merits that the rules were designed to ensure.
evidence necessary to fairly evaluate their pending motions also contravenes
the clear language of FRCP 56(f), which provides as follows:
2Pretrial Discovery and the Adversarial system, William A. Glasser, 234 (1968)
evidence that will be the most relevant to their motions. As such, plaintiff will be
placed in the position of filing numerous responses and motions merely to preserve
the basic due process right to reasonable disclosure of the evidence necessary to
present his case. This attempt by the defendants to sidestep their discovery
obligations should be sternly denounced.
On file in this case is a true and correct copy of a June 4, 2009 article in the
Olympian Newspaper. This article makes prima facia case for continuing violations
of the Clean Water Act by defendant port, and the City of Olympia, which
permitted the activity and which shares a commingled storm water collection and
discharge system with the port. Under the circumstance where there are apparently
disclosure of the facts related to these egregious circumstances is tantamount to an
obstruction of justice, and upon proper application, a substantial sanction may be in
order. (See Preferred Care Partners Holding Corp. v. Humana, Inc., 2009 WL 982460 (S.D.
Fla. April 9, 2009)
3.Conclusion
Defendants motions to stay discovery and disclosure should be denied, and
defendants admonished to comply with the intent of the discovery rules that cases
be fairly determined upon their merits, without any undue impediment to the
disclosure of information necessary for a just ruling.
I certify the foregoing to be correct and true. Done June 6, 2009.
. _____________
Arthur West