Professional Documents
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SUPERIOR COURT
THURSTON CO., WA
July 12, 2017
Linda Myhre Enlow
Thurston County Clerk
1 EXPEDITE
2 No hearing is set
3 Hearing is set:
4 Date: July 14, 2017
5 Time: 9:00 am
6 Judge/Calendar: Carol Murphy
7
8
9
10
11
12 THE HONORABLE CAROL MURPHY
13
14
15
16
17 SUPERIOR COURT OF THE STATE OF WASHINGTON
18 FOR THURSTON COUNTY
19
20 WASHINGTON STATE DEPARTMENT
21 OF TRANSPORTATION, Case No. 16-2-00980-34
22
23 Plaintiff, (Consolidated with Case No. 16-2-04826-34
24 and Case No. 17-2-01504-34 )
25 v.
26 DECLARATION OF ANDREW GREENE
27 SEATTLE TUNNEL PARTNERS, a joint IN SUPPORT OF HITACHI ZOSEN U.S.A.
28 venture, LTD.S RESPONSE TO JOINT MOTION
29 TO CONTINUE TRIAL DATE
30 Defendants.
31
32 SEATTLE TUNNEL PARTNERS, a joint
33 venture,
34
35 Third-Party Plaintiff,
36
37 v.
38
39 HITACHI ZOSEN U.S.A., LTD., a
40 Delaware corporation; HITACHI ZOSEN
41 CORPORATION, a foreign corporation;
42 and HNTB CORPORATION, a Delaware
43 corporation,
44
45 Third-Party Defendants.
46
47
Hi Mica -
WSP does not object to the custodians referenced in the 5/10 letter or search terms referenced in
the 4/18 letter.
Rich
Richard F. Shordt
Associate Attorney
Groff Murphy, PLLC
300 E. Pine Street
Seattle, WA 98122
(206) 832-1485 Direct
(206) 628-9506 Fax
CONFIDENTIALITY NOTE: This electronic mail contains information belonging to the sender that is solely for
the recipient named above and which may be confidential or privileged. SENDER EXPRESSLY PRESERVES AND
ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO THIS EMAIL. If you are not the intended recipient,
any disclosure, copying, distribution or use of the contents of this communication is STRICTLY PROHIBITED. If
you have received this email in error, please notify me by telephone (206) 628-9500 immediately. Thank you.
Does WSP have any objections to the search terms / custodians set forth in the attached letter?
Best,
Mica
Counsel,
Attached please see HZUSAs Custodians and Search Terms for Thurston County Litigation.
Thank you,
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the
sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
EXHIBIT B
From: Patricia Robert
To: Simpson, Mica D. (SEA)
Cc: Terry Scanlan; Rochelle Y. Nelson
Subject: Re: WSDOT v. STP, et al. | Thurston Co. 16-2-00980-34 | HZUSA"s Custodian & Search Terms
Date: Friday, May 19, 2017 1:33:10 PM
Mica,
Shannon & Wilson does not have any objections but makes the same reservations as WSDOT
and HNTB. Thank you.
Best,
Tricia
Terry or Patricia,
Does S&W have any objections to the search terms / custodians set forth in the attached
letter?
Thanks very much.
Best,
Mica
Mica Simpson | Perkins Coie LLP
D. +1.206.359.6023
E. MSimpson@perkinscoie.com
From: Jackson, Nicole K. (SEA)
Sent: Wednesday, May 10, 2017 3:28 PM
To: 'danielg2@atg.wa.gov'; 'david.goodnight@stoel.com'; 'karl.oles@stoel.com';
'stevan.phillips@stoel.com'; 'chris.weiss@stoel.com'; 'bart.reed@stoel.com';
'rachel.dunnington@stoel.com'; 'heidi.wilder@stoel.com'; 'cindy.castro@stoel.com';
'jamie.dombek@stoel.com'; 'doug.elliott@stoel.com'; 'deborah.harwood@stoel.com';
'shelley.sasse@stoel.com'; 'juli.waldschmidt@stoel.com'; 'debbie.dern@stoel.com';
'jay.perez@stoel.com'; 'reid.mcellrath@stoel.com'; 'nancy.masterson@stoel.com';
'ian.ducey@stoel.com'; 'john.parnass@pacificalawgroup.com';
'zak.tomlinson@pacificalawgroup.com'; 'sarah.washburn@pacificalawgroup.com';
'jluciana@dfllegal.com'; 'sbrutout@dfllegal.com'; 'dmeredith@dfllegal.com';
'jmalloy@dfllegal.com'; 'vlamanna@dfllegal.com'; 'rcramer@dfllegal.com';
'katie.dillon@pacificalawgroup.com'; 'cindy.bourne@pacificalawgroup.com';
'bdavidson@dfllegal.com'; 'jdingess@dfllegal.com'; 'btaylor@gordonrees.com';
'jleary@gordonrees.com'; 'pambrose@gordonrees.com'; 'rschumacher@gordonrees.com';
'amontero@gordonrees.com'; 'cdrage@weildrage.com'; 'jbrannen@weildrage.com';
'bbertch@weildrage.com'; 'bhart@weildrage.com'; 'dlangel@weildrage.com';
'cperryman@weildrage.com'; 'chess@weildrage.com'; 'rschumacher@gordonrees.com';
'sdidenhover@weildrage.com'; 'tscanlan@skellengerbender.com';
'probert@skellengerbender.com'; 'rnelson@skellengerbender.com';
'gauslander@skellengerbender.com'; 'aschuchman@skellengerbender.com';
'twindus@watttieder.com'; 'dutz@watttieder.com'; 'mwimmer@watttieder.com';
'amas@groffmurphy.com'; 'cscott@groffmurphy.com'; 'dgroff@groffmurphy.com';
'jbeckerman@groffmurphy.com'; 'mbavand@groffmurphy.com';
'rshordt@groffmurphy.com'; Prentke, Richard O. (SEA); Woolston, V.L. (SEA); Greene,
Andrew L. (SEA); Peters, Brendan J. (SEA); Simpson, Mica D. (SEA); Heindel, Heather L.
(SEA); Gellert, Nicholas (SEA); Goddard, Jonathan P. (SEA); Brown, Cynthia (SEA); Liston,
Jane (SEA); Siwiec, Kristine J. (SEA); Bone, Carla J. (SEA)
Subject: WSDOT v. STP, et al. | Thurston Co. 16-2-00980-34 | HZUSA's Custodian &
Search Terms
Counsel,
Attached please see HZUSAs Custodians and Search Terms for Thurston County
Litigation.
Thank you,
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error,
please advise the sender by reply email and immediately delete the message and any attachments without copying or
disclosing the contents. Thank you.
VIA E-MAIL
RE: Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) Plc, et al.,
No. 15-2-15009-0 SEA WSDOTs Motion for Reconsideration and Related
Fact-Finding and Adjudication Concerns
I am one of the attorneys of record for Shannon & Wilson, Inc. in the Thurston County Superior
Court lawsuit, Case No. 16-2-00980-34 (the Related Lawsuit).1 While Shannon & Wilson is
not a party to Cause No. 15-2-15009-0 before Judge Roberts (the Builders Risk Lawsuit), I
am writing to respectfully request an opportunity to discuss some discovery and fact-finding
concerns that are interrelated to WSDOTs Motion for Reconsideration, filed on May 11, 2017,
regarding its prior motion to transfer the Builders Risk Lawsuit to Thurston County for
consolidation into the Related Lawsuit. I submitted a supporting declaration to WSDOTs
motion to transfer, which was denied by Judge Roberts on May 2nd. I have also submitted a
supporting declaration to WSDOTs Motion for Reconsideration that identifies significant
concerns of Shannon & Wilson regarding the adverse impacts associated with the Courts denial
of WSDOTs motion to transfer (and eventually consolidate) the Builders Risk Lawsuit into the
Related Lawsuit. While we acknowledge that WSDOTs Motion for Reconsideration is to be
decided by Judge Roberts, the Motion gives rise to fact-finding, discovery, and case schedule
issues that we would like to address with you in your capacity as Special Master for the Related
and Builders Risk Lawsuits. These concerns are detailed a bit more herein.
Currently, Seattle Tunnel Partners (STP), WSDOT, Hitachi Zosen U.S.A, Ltd. (HZUSA),
Shannon & Wilson, HNTB Corporation, and Parsons Brinckerhoff, Inc. are all parties to the
1
The Related Lawsuit was initiated by the Washington State Department of Transportation (WSDOT) against
Seattle Tunnel Partners (STP) for damages related to the SR-99 tunnel project to replace the Alaskan Way Viaduct
(the Project), and the costs and delays incurred as a result of the stoppage of the tunnel boring machine (TBM)
in December 2013. Other lawsuits, including two lawsuits filed against Shannon & Wilson, have since been
transferred and consolidated into the Related Action.
010351-01201 1922333.docx
May 12, 2017
Page - 2
Related Lawsuit in Thurston County. All of the parties claims center on the cause of the TBM
stoppage in December 2013. As to Shannon & Wilson, both HZUSA and STP have brought
negligence claims against Shannon & Wilson alleging that the TBM failure was caused, in whole
or in part, by the steel well-casing, known as TW-2, that the TBM hit in 2013. Shannon &
Wilson prepared the Geotechnical & Environmental Data Report and the Geotechnical Baseline
Report that WSDOT included in its Request for Proposals. HZUSA and STP base their claims
on the allegation that Shannon & Wilsons geotechnical reports supposedly failed to adequately
disclose TW-2s presence within the tunnel alignment. STP and HZUSA allege Shannon &
Wilson should therefore be held legally responsible for the resulting damages. Shannon &
Wilson adamantly denies any liability, and moreover, one essential component of Shannon &
Wilsons defense will be establishing that the TW-2 strike did not cause or otherwise contribute
to the TBMs failure in 2013.
As you are aware, the causation issue is present in the Builders Risk Lawsuit and will require a
factual decision as to the cause of the damage to the TBM, which will include whether the
December 2013 stoppage was caused, in whole or in part, by the TBM strike with TW-2. That
such a finding will be made in the Builders Risk Lawsuit, given that Shannon & Wilson is not a
party to that lawsuit, raises several concerns about the severe adverse impact to Shannon &
Wilson.
First, from a logistical standpoint, Shannon & Wilson is already operating at a substantial
disadvantage in the Related Lawsuit given that Shannon & Wilson was served with these
lawsuits not even five months agowhile the Related Lawsuit and the Builders Risk Lawsuit
have been active for almost two years. It is our understanding that over 10 terabytes of
information has been produced by the parties in these lawsuits. With the exception of Shannon
& Wilson (and PB, who is in a similar situation), the parties have substantially completed their
document productions and had access to documents for a longer period of time than Shannon &
Wilson. 2 To date, four important depositions of key witnesses have been taken. Shannon &
Wilson was not able to participate meaningfully in these depositions given its recent addition and
current ingestion of the documents produced by the parties. As such, Shannon & Wilson has
substantial concerns about the pace at which the case schedule in the Builders Risk Lawsuit is
driving discovery in the Related Lawsuit, given that the parties are sharing your services as the
Special Master, are abiding by a shared discovery protocol (and potentially a forthcoming
finalized deposition protocol), and proceeding on a timeframe set to have fact discovery
complete by October 2017which is only five months away. This short timeframe for fact
discovery severely prejudices Shannon & Wilson.
Second, and of particular concern, Shannon & Wilson is concerned that it will be adversely
impacted should WSDOT be collaterally estopped in the Related Lawsuit by a causation finding
in the Builders Risk Lawsuit. While Shannon & Wilson does not believe that it can directly be
collaterally estopped by a causation finding in the Builders Risk Lawsuit, Shannon & Wilson
2
In fact, Shannon & Wilson is still ingesting the parties document productions into its vendors online database and
does not have access to all of the parties documents produced to date, as it only recently (three-weeks ago) reached
agreement with an online vendor to host this vast amount of data.
010351-01201 1922333.docx
EXHIBIT E
From: Greene, Andrew L. (SEA)
To: Richard Shordt
Cc: Marisa Bavand; Kellen Ruwe; Andrea Mas
Subject: RE: AWV | Proposed Amended Case Schedule for Thurston County
Date: Friday, June 30, 2017 3:45:45 PM
Rich: Thank you for sending along WSPs proposal and for your patience as we
discussed this proposal with Hitachi Zosen. Hitachi Zosen is owed more than $100
million for its work on the project, making any discussion of further delay in the trial
date both complicated and sensitive. While Hitachi Zosen prefers not to delay the
trial date at all, we are sensitive to WSPs expressed concerns. As a result, while
Hitachi Zosen will not agree to a one-year delay to the trial date, it is open to
discussing a more modest extension, along with appropriate adjustments to the pre-
trial deadlines, such that necessary discovery can be efficiently completed before the
discovery cutoff. Please let us know if you would like to discuss options.
Andrew
Hi Andrew -
Im following up on our call regarding a Thurston County trial continuance. As we discussed, WSP
and S&W are generally inclined to seek approximately a 1-year extension, but we also agree with
your view that many of the pre-trial deadlines didnt seem workable given the complexities of the
case. Ive copied below a draft Amended Case Schedule that reflects our current thinking on revised
trial deadlines. Wed appreciate your thoughts on this, and whether in light of these adjusted
deadlines Hitachi would be inclined to support (or not oppose) our forthcoming motion for a
continuance.
We are happy to discuss at your convenience, though we do hope to file as soon as possible.
Rich
Richard F. Shordt
Attorney
Groff Murphy, PLLC
300 E. Pine Street
Seattle, WA 98122
(206) 832-1485 Direct
(206) 628-9506 Fax
CONFIDENTIALITY NOTE: This electronic mail contains information belonging to the sender that is solely for
the recipient named above and which may be confidential or privileged. SENDER EXPRESSLY PRESERVES AND
ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO THIS EMAIL. If you are not the intended recipient,
any disclosure, copying, distribution or use of the contents of this communication is STRICTLY PROHIBITED. If
you have received this email in error, please notify me by telephone (206) 628-9500 immediately. Thank you.