Beck Order granting motion to strike and shorten time
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
THURSTON COUNTY
ANDREW J. SMITH and CYNTHIA M. SMITH, husband and wife,
Plaintiffs,
vs.
THE CITY OF DOE, a municipal corporation; GRANT BECK; STEVE CHAMBERLAIN; FH1 LLC, a Washington corporation; DAN LEE, TRIANCE GROUP, INC, d/b/a TRIANCE HOMES, a Washington corporation
and a licensed Washington construction contractor; STATE FARM FIRE & CASUALTY CO., Bond No. 98GD85307; MAUREEN NIELAND; VANDORM REALTY; a Washington corporation.
Defendants.
No. 09-2-02879-3
(proposed)
ORDER GRANTING DEFENDANT
BECK’S MOTION TO SHORTEN
TIME AND TO STRIKE DECLARATION OF BEN CUSHMAN IN OPPOSITION TO BECK’S MOTION FOR PROTECTIVE ORDER
On January 15, 2010, a hearing was held on defendant Beck’s Motion to Shorten Time and to Strike the Declaration of Ben Cushman in Opposition to Beck’s Motion for Protective Order.
The Court heard oral argument from counsel and considered the following pleadings:
1. Defendant Beck’s Motion for Protective Order; Declaration of Carol A. Morris in Support (1-7-10);
2. Plaintiffs’ Response to Defendant Beck’s Motion for Protective Order and Declaration of Ben Cushman in Opposition to Beck’s Motion for Protective Order (1-13-10);
3. Defendant Beck’s Motion to Shorten Time and to Strike the Declaration of Ben Cushman in Opposition to Beck’s Motion for Protective Order (1-14-10);
4. ________________________________________________.
The Court finds as follows:
A. Local Court Rule 5(b)(2) requires that notice be provided of a hearing by filing and serving a nondispositive civil motion at least five court days before the hearing, before 12:00
noon.
B. On January 8, 2010, defendant Beck filed and served a Motion for a Protective Order, with a hearing to be held on January 15, 2010.
C. On January 13, 2010, the plaintiffs served the Declaration of Ben Cushman in Opposition to Beck’s Motion for a Protective Order on Mr. Beck’s attorney. This was served with their
response to the Beck Motion for a Protective Order.
D. The deadline for Mr. Beck’s reply to the plaintiffs’ response was January 14, 2010. Because the Declaration of Ben Cushman was served two days prior to the hearing on the Beck Motion
for a Protective Order, Mr. Beck did not have an opportunity to provide the notice required by the Court rules of his Motion to Strike the Declaration of Ben Cushman.
E. CR 6 allows the Court to accept the Beck Motion to Strike, even though the notice required by LCR 5(b)(2) was not provided.
F. The Declaration of Ben Cushman is based on inadmissible hearsay evidence, and is not supported by any factual documentation. In addition, the Declaration of Ben
Cushman is filled with allegations as to the motives of defendant Grant Beck, without any factual support. The exhibits to the Cushman Declaration are inadmissible hearsay.
IT IS HEREBY ORDERED:
1. Defendant Beck’s Motion to Shorten Time is Granted.
2. Defendant Beck’s Motion to Strike the Declaration of Ben Cushman in Opposition to Beck’s Motion for Protective Order is Granted.
3. Defendant Beck is awarded his attorneys’ fees in the amount of $___________ for having to bring this Motion to Strike and Motion to Shorten Time.
DATED this 14th day of January, 2010.
_____________________________________
Judge Thomas McPhee
Presented by:
MORRIS & TARADAY, P.C.
By ____________________________________
Carol A. Morris, WSBA #19241
Attorney for defendant Grant Beck
Notice of Presentation Waived, Approved
As to Form:
CUSHMAN LAW OFFICE
By ______________________________
Ben Cushman, WSBA 26358
Attorney for plaintiffs