Seattle Times Company v. LeatherCare, Inc.

Filing 154

PRETRIAL ORDER by Judge Thomas S. Zilly. (TH)

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The Honorable Thomas S. Zilly

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
SEATTLE TIMES COMPANY,
Plaintiff,

Case No.: 2:15-cv-01901-TSZ
PRETRIAL ORDER

vs.
LEATHERCARE, INC., STEVEN RITT, an
individual, and the marital community composed of
STEVEN RITT and LAURIE ROSEN-RITT,
Defendants and Third Party
Plaintiffs,
vs.
TOUCHSTONE SLU LLC, a Washington limited
liability company; and TB TS/RELP LLC, a
Washington limited liability company,
Third Party Defendants.

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PRETRIAL ORDER
2:15-cv-01901-TSZ

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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JURISDICTION
This Court has subject matter jurisdiction over claims arising under the Comprehensive
Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et
seq. under 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 9613(b). This Court
also has jurisdiction over claims asserted under the Washington Model Toxics Control Act,
RCW 70.105D.080 (“MTCA”), and claims asserted under the Environmental Remediation and
Indemnity Agreement (“ERIA”) under 28 U.S.C. § 1367 (supplemental jurisdiction).
CLAIMS AND DEFENSES (Seattle Times)
Plaintiff, Seattle Times Company (“Seattle Times” or “Times”) will pursue at trial the
following claims and defenses:
1.

Defendants LeatherCare, Inc. (“LeatherCare”), Steven Ritt, and the marital

community composed of Steven Ritt and Laurie Rosen-Ritt (“Mr. Ritt”) (collectively,
“LeatherCare Defendants”) are jointly and severally liable to the Times under CERCLA for all
response costs incurred and declaratory relief related to hazardous substances released at and

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migrating from real property located on the city block bounded by Fairview Avenue North,

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Thomas Street, Boren Avenue North, and Harrison Street in Seattle, Washington (the

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“Property”).

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2.

Defendants LeatherCare and Mr. Ritt are liable to the Times under the MTCA for

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all remedial action costs incurred and declaratory relief related to hazardous substances released

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at and migrating from the Property.

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3.

As the prevailing party under MTCA, the Times is entitled to recover its

reasonable attorney fees and costs from LeatherCare and Mr. Ritt under RCW 70.105D.080.
4.

The Times is not liable to Touchstone under the Environmental Remediation and

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Indemnity Agreement dated December 17, 2010 and as amended on June 10, 2011 (“ERIA”).

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Touchstone has not incurred unreimbursed “Incremental Costs” or “third-party claims for

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Contaminated Soils or Contaminated Groundwater off of the Property.”

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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5.

The Times is entitled to recover its reasonable attorneys’ fees and costs from

Touchstone as the substantially prevailing party under the ERIA.
6.

As to LeatherCare’s counterclaims and Touchstone’s cross-claim, the Times does

not intend to advance any affirmative defenses at trial other than to reserve its assertions that to
the extent the Times is liable for any response costs, and such liability is several, all such costs
are subject to equitable allocation under CERCLA and MTCA.
CLAIMS AND DEFENSES (LEATHERCARE)
LeatherCare Defendants intend to advance at trial the following affirmative defenses,
counterclaims against the Seattle Times, and third-party claims against Touchstone SLU LLC
and TB TS/RELP LLC (collectively, “Touchstone”).
Affirmative defense:
1.

Failure to provide notice.

Counterclaims:
1.

Declaratory Judgment under CERCLA § 113(f) and RCW 70.105D.080 declaring

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that Seattle Times is responsible for the allocable share, in contribution or through other

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application of equitable factors, for the current owner and developer of the site as referenced in

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Plaintiff’s Complaint, Touchstone SLU, LLC (“Touchstone”).

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2.

Declaratory Judgment under CERCLA § 113(f) and MTCA RCW 70.105D.080

that Seattle Times is an “operator” as that term is defined.
3.

If LeatherCare is found to be liable for any portion of the "response costs" as that

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term is defined under 42 USC § 9601(25) claimed, or “remedial action costs” claimed under

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RCW 70.105D.080, or other costs claimed by the Seattle Times, or Touchstone then LeatherCare

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is entitled to contribution from Seattle Times as a potentially responsible party and potentially

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liable party under CERCLA § 113(f) and RCW 70.105D.080.

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4.

Declaratory Judgment under CERCLA and MTCA that Seattle Times is

responsible, in contribution or through other application of equitable factors, for the allocable

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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share of the previous owners and operators of the site, which may have included but not
necessarily be limited to Troy Linen and Uniforms Services, Inc. and/or Troy Linen and
Uniform, Inc., the party that Seattle Times previously released in connection with any and all
environmental claims, including but not limited to future and unknown claims at the site.
5.

If a prevailing party under MTCA, LeatherCare is entitled to recover its

reasonable attorney fees and other costs from the Seattle Times under RCW 70.105D.080, and
for offset, or other such adjustment where more than one party to the action prevails on their
contribution or declaratory judgment claims.
Third Party Claims:
1.

If LeatherCare is found to be liable for any portion of the "response costs"

claimed as that term is defined under 42 USC § 9601(25), “remedial action” costs claimed, or
other costs claimed by Touchstone or the Seattle Times, then LeatherCare is entitled to
contribution from Touchstone as a potentially responsible party and potentially liable party under
CERCLA § 113(f) and RCW 70.105D.080. .

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2.

If a prevailing party under MTCA, LeatherCare is entitled to recover its

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reasonable attorney fees and other costs from Touchstone under RCW 70.105D.080, and for

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offset, or other such adjustment where more than one party to the action prevails on their

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contribution or declaratory judgment claims.

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CLAIMS AND DEFENSES (TOUCHSTONE)

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Third-party Defendant, Touchstone, intends to advance at trial the following affirmative

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defenses, counterclaims against the LeatherCare Defendants, and cross-claim against the Seattle

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Times.

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1.

Touchstone does not intend to advance any affirmative defenses at trial, except

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for the following: (a) to the extent that Touchstone may be liable to LeatherCare for any

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damages, Plaintiff owes a duty of indemnification for those damages pursuant to a written

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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contract, either in part or in whole; (b) to the extent Touchstone is liable for any remedial action
costs, Touchstone is entitled to cost-recovery and/or contribution from LeatherCare; and (c) any
recovery by LeatherCare against Touchstone, if any, must be offset by an amount reflecting the
appropriate allocation of liability to LeatherCare.
2.

Seattle Times is liable to Touchstone under the ERIA. The ERIA requires

payment by the Seattle Times to Touchstone for: (a) Incremental Costs incurred by Touchstone
in the transport and disposal of Contaminated Soils from the Troy Laundry Property; and (b)
costs and expenses incurred by Touchstone for claims asserted by third parties (including the
Washington Department of Ecology) arising out of or associated with contaminated soils or
contaminated groundwater that has or may have migrated off of the Property and onto, about, or
under adjacent property(ies).
3.

Touchstone is entitled to recovery of its reasonable attorneys’ fees and costs from

Seattle Times as the substantially prevailing party under the ERIA.
4.

LeatherCare is liable to Touchstone: (a) under CERCLA for all incurred

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environmental response costs related to hazardous substances released on, beneath, and from the

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Troy Laundry Property; and (b) under MTCA for all incurred remedial action costs related to

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hazardous substances released on, beneath, and from the Property.

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5.

Touchstone is entitled to recover attorneys’ fees and costs from LeatherCare: (a)

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incurred as part of performance of environmental response actions and as part of negotiations

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with government agencies under CERCLA, 42 U.S.C. § 9601(25); (b) reasonable attorneys’ fees

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and costs incurred as part of performance of remedial activities under MTCA, RCW

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70.105D.080; and (c) reasonable attorneys’ fees and costs as the prevailing party in a private

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right of action under the MTCA, RCW 70.105D.080.

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STIPULATION REGARDING ATTORNEYS’ FEES AND COSTS

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The Seattle Times, the LeatherCare Defendants, and Touchstone each stipulate that the

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question of the amount of reasonable attorneys’ fees and costs to be awarded to the prevailing

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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party or parties under CERCLA, MTCA, and/or the ERIA is to be bifurcated from the remaining
issues for trial and will be addressed in post-trial proceedings.

ADMITTED FACTS
The following facts are admitted by the parties:
1.

This case concerns hazardous substances released on real property located on the
city block bounded by Fairview Avenue North, Thomas Street, Boren Avenue
North, and Harrison Street in Seattle, Washington (the “Property”).

2.

The site at issue in this case, commonly known as the Troy Laundry Site (“Site”),
includes the Property and any areas adjacent to the Property where hazardous
substances originating on and from the Property have come to be located.

3.

Historical operations released PCE and petroleum hydrocarbons into the
subsurface soils and groundwater on and beneath the Property.

4.

The Seattle Times is a Delaware company with its principal place of business in

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Seattle, Washington. The Seattle Times has been a newspaper company since

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1895. The Times purchased the Property in March 1985 and sold it in June 2011.

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5.

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LeatherCare is a Washington company with its principal place of business in
Seattle, Washington.

6.

Steven Ritt and Laurie Rosen-Ritt are individuals who reside in King County,

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Washington and collectively referred to as “Mr. Ritt.” All acts of Steven Ritt and

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Laurie Rosen-Ritt herein were performed for the benefit of their marital

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community.

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7.

Touchstone SLU LLC is a Washington limited liability company with its

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principal place of business in Seattle, Washington. TB TS/RELP LLC is a

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Washington limited liability company with its principal place of business in

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Seattle, Washington. Touchstone SLU LLC purchased the Property on June 10,

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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2011. TB TS/RELP LLC is the current owner of the Property. Touchstone SLU
LLC is a member of TB TS/RELP LLC. Touchstone SLU LLC and TB TS/RELP
LLC are collectively referred to as “Touchstone.”
8.

Troy Laundry Co., later changing its name to Troy Linen and Uniform Service,
Inc. (“Troy”) owned the Property from 1926 to March 1985. On March 1, 1985,
American Linen Supply Co., a Washington corporation, d/b/a Maryatt Industries,
acquired all of the issued and outstanding stock of Troy such that Troy became a
wholly owned subsidiary corporation of American Linen. On March 5, 1985,
Troy sold the Property to the Seattle Times. Troy is a dissolved corporation. It
was dissolved on March 14, 1986.

9.

Troy Laundry operated an industrial laundry on the Property from approximately
1927 to March 1985 and dry-cleaning operations on the Property from 1965 to
March 1985. Troy also fueled and serviced trucks at the Property.

10.

In 1957, Seattle Fur Services, a sole proprietorship that was a predecessor to

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LeatherCare, began leasing a portion of the Property known as the “Fur Vault

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Building” from Troy.

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11.

LeatherCare was incorporated in April 1960 and operated at the Property as a

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tenant of Troy. LeatherCare’s operations included dry cleaning (beginning in

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1965) and garment care. LeatherCare’s operations at the Property continued under

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multiple business names until mid to late July, 1985, when LeatherCare moved its

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dry cleaning operations to a different facility.

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12.

When LeatherCare operated at the Property, the Property contained: (a) the

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original “Troy Laundry Building,” constructed in 1926-27 (and added onto by

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Troy in 1946), on the northwest corner of Thomas Street and Fairview Avenue

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North; (b) an addition built by Troy in 1964 (“1964 Addition”), also known as the

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“Garage Addition,” located at the northeast corner of Thomas Street and Boren

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Avenue North; (c) the Fur Vault Building immediately north of the 1964
Addition; (d) a loading dock area in the center of the Property to the north of the
1964 Addition and east of the Fur Vault Building; (e) a vegetated area on a slope
northwest of the loading dock and between two parking areas; the David Smith
building, across a parking lot, north of the Fur Vault Building, and (f) the “Mokas
Building,” located north of the Troy Laundry Building.
13.

At least three separate sewer lines installed beneath the Property sometime
between 1946 and 1966 discharged industrial and sanitary wastewater to the
municipal sewer mains. The sewer lines conveyed wastewater to the municipal
sewer mains from: (a) the Troy Laundry Building and Mokas building to Harrison
Street to the north; (b) the Troy Laundry Building to Boren Avenue North to the
west; and (c) from the 1964 Addition to Boren Avenue North to the west. The
sewer system that discharged wastewater from the 1964 Addition to the municipal
sewer main in Boren Avenue North conveyed: surface wastewater from floor

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drains in the 1964 Addition; wastewater from dry cleaning machines operated in

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the 1964 Addition; and sanitary wastewater from bathrooms in the 1964 Addition.

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14.

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Beginning in 1965, after the 1964 Garage Addition was complete, Troy operated
an industrial drycleaning service and an industrial laundry on the Property.

15.

LeatherCare conducted dry cleaning at the Property from 1965 to 1979, using

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excess capacity of Troy’s Stoddard solvent equipment located in the 1964

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Addition. LeatherCare’s lease allowed it the non-exclusive use of some of Troy’s

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Stoddard Solvent drycleaning equipment and the exclusive use of a finishing area

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in the 1964 Addition.

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16.

Dry cleaning solvents, heating oil, and gasoline products were used or stored by
Troy Laundry in at least 18 underground storage tanks (“USTs”) at the Property.

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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17.

Troy’s industrial laundry operations utilized approximately 150,000 gallons of
water per day, which it drew from an on-site well. Troy’s laundry operations
included linens, such as napkins and table clothes for businesses like hotels and
restaurants and industrial clients.

18.

In August 1979, LeatherCare purchased new dry cleaning equipment and installed
this equipment in the 1964 Addition near the loading dock. LeatherCare’s dry
cleaning system consisted of the following equipment: two Marvel washing
machines, five Hoyt Model RM-145 Solv-O-Misers reclaimers, a Hoyt Model
12A Sniff-O-Miser sniffer, and a still. LeatherCare used this equipment at the
Property from August 1979 to mid to late July- 1985. In 1980, LeatherCare
purchased one more Hoyt reclaimer. All of this equipment used or purified
perchloroethylene (“PCE”).

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LeatherCare discharged separator water from the Hoyt Solv-O-Miser reclaimers,
the still, and the Hoyt Sniff-O-Miser sniffer to the sewer that discharged to the

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municipal sewer main in Boren Avenue North. LeatherCare plumbed the

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discharge from the separator in the Sniff-O-Miser through a pipe to a floor drain.

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Separator water from the Solv-O-Misers was collected at the water separator

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outlet in buckets.

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emptied, discharging the water to the sewer at a floor drain.

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20.

The accumulated water in the buckets was periodically

The PCE-based dry cleaning equipment that LeatherCare used at the Property was

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designed to discharge wastewater containing PCE to the sewer. The Hoyt sniffer

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equipment manual advised the “water coming from the separator is waste water.

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This should be piped to open sewer system as there will be in excess of 12 gallons

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of water from one operation.”

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21.

LeatherCare’s operation of the still generated waste known as “still bottoms,”
otherwise known as “muck,” and the closed piping system generated used filter

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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cartridges. The still bottoms and filter cartridges contained PCE after use.
LeatherCare drained the filters and placed them into the dryers/reclaimers to
recover solvent before it disposed the filters.
22.

As a part of LeatherCare’s lease, Troy provided garbage and utility services to its
tenant. From approximately 1979 to at least 1982, LeatherCare disposed of used
still bottoms and filters into the back of a dump truck owned by Troy located in
the loading dock area of the Property. The dump truck was at times uncovered
and it is inferred that it leaked solvent-containing liquid onto the ground, likely
via rainwater passing through the truck. The ground beneath the dump truck was
partially paved and partially unpaved, allowing the solvent-containing liquid to
infiltrate the underlying soil. The paved material included asphalt and Portland
cement concrete. Troy provided the dump truck for use as a waste receptacle and
drove it to the transfer station for landfill disposal as needed.

23.

Troy also disposed of waste in the same dump truck.

24.

During the August 1979 to July 31, 1985, time period, Mr. Ritt was the president

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of LeatherCare. During this time, Mr. Ritt managed the day-to-day business

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operations at LeatherCare. Mr. Ritt researched, selected, and ordered the dry

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cleaning equipment that LeatherCare used at the Property between August 1979

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and July 1985.

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25.

During the August 1979 to July 31, 1985, time period, Mr. Ritt participated in the

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installation of that equipment. Mr. Ritt ordered PCE and parts for the dry cleaning

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equipment, provided training for operating the equipment, and at times operated

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the dry cleaning equipment.

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26.

The Times purchased the Property from Troy on March 5, 1985 for $3,500,000.
The Times assumed the LeatherCare lease as lessor. LeatherCare prepared to

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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move its dry cleaning operation to a new facility, on Elliott Avenue, and
completed its move by July 31, 1985.
27.

Troy began winding up its operations on the Property shortly after closing the sale
of the Property to the Times.

28.

Upon taking title to the Property, the Times inspected the Property to identify the
Troy equipment and materials that remained, and began working with Charles
Maryatt (acting on behalf of Seattle Times’ Seller, Troy), to ensure that this
equipment was removed. During this process, the Times identified equipment and
tanks containing used Stoddard Solvent and other materials that Troy left on the
Property. Specifically, the Times found four underground solvent tanks used in
Troy’s laundry operations, two standing settling tanks and a still containing waste
solvent, disconnected pipes that had formerly connected cleaning equipment. The
Times also found drainage channels containing dangerous waste residue, two
concrete pits containing waste water, an abandoned sump containing a dangerous

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waste, a fiberglass recycled water tank containing thousands of gallons of

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contaminated water, a laundry machine, three sealed underground fuel oil tanks,

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one sealed underground gasoline tank, and various other 55-gallon drums and

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containers of materials. The Times decommissioned the tanks and worked with

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the Washington Department of Ecology (“Ecology”) on a Closure Plan for the

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Property.

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29.

In a December 26, 1985, letter to Ecology, the Times’ lawyer, Mr. Jeff Belfiglio,

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attached a draft “Closure Plan.” The Closure Plan stated, among other things, that

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cleanup requirements would “be met by removing all waste and waste residues

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from the solvent tanks.” The Times also agreed to either remove the tanks or fill

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them with sand, eliminating a need for future maintenance. The Times also further

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agreed to seal an existing water well on the Property. Finally, the Times agreed to

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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inspect drainage channels and the sump to ensure no postclosure escape or
leaching of waste. The Times emptied and pressure-tested the tanks and sump
area and detected no leaks. In an April 17, 1986, letter to Ecology, the Times
explained that it had thoroughly inspected wastes left in tanks, removed product,
wastewater, and sludge, and tested the tanks and a sump to ensure that the
equipment did not leak. In a June 25, 1986 letter, Ecology deemed the Times'
“closure of the Troy Laundry facilities to be satisfactory for [Ecology's] purposes”
but reminded the Times of its “previous comment, that if any contamination is
found during subsequent activities at that facility, contaminated materials will
have to be removed and disposed of in an appropriate manner.”The Times sued,
in both Federal and State Court, Troy, Maryatt, and Charles R. Maryatt, Tim K.
Rich, and David E. Maryatt as trustees for creditors of Troy to recover an
estimated $100,000 in costs that the Times incurred in the process of dealing with
the tanks and Ecology regarding the Property. In 1987, the Times settled its suits.
30.

The Times initially purchased the Property with the intention of expanding its

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newspaper printing operations. However, these plans did not materialize and the

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Times instead used the Property for parking and storage of furniture, newspaper

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racks, and other miscellaneous materials, and repair of newspaper sales racks.

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31.

In 1994, the Times commissioned RETEC, an environmental consulting company

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to inspect the property. RETEC collected a groundwater sample from the water

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supply well located inside the original Troy Laundry building. The sample

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exceeded the then applicable MTCA Method A limit for hydrocarbons. RETEC

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thought the result might be an anomaly. The Times did not re-test.

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32.

The Times sold the Property to Touchstone SLU LLC (“Touchstone”) on June 10,
2011, for $18,400,000.

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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33.

In 2010, in conjunction with Touchstone’s due diligence prior to purchase of the
Property, SoundEarth Strategies Inc. (“SES”) (previously known as Sound
Environmental Strategies), conducted a Phase I Environmental Site Assessment
(“Phase I”), a Ground Penetrating Radar (“GPR”) survey, and a Soil Vapor
Survey. Based on the results from this work, SES performed a Phase II
Environmental Site Assessment (“Phase II”), while AECOM (the Times’
consultant) completed a separate Subsurface Investigation on the Property. In
2011, after Touchstone’s purchase of the Property, SES completed a
Supplemental

Subsurface

Investigation.

The

investigations

identified

concentrations of PCE, total petroleum hydrocarbons (including Stoddard
Solvent), and other hazardous substances above the regulatory cleanup and/or
screening levels in the soil, groundwater, and soil vapor on and beneath the
Property, as well as on and beneath adjacent rights of way.
34.

The highest concentrations of PCE in soil on and beneath the Property were

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located beneath the former loading dock located at the northwest central portion

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of the Property.

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35.

On the basis of the information in these subsurface investigations, the Times

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implemented a soil vapor extraction system (“SVE”) in 2011-12 in order to

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reduce the volume of PCE in subsurface soils on the Property. The SVE system

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operated in 2011-12 and removed 327 pounds of PCE from the soil vapor.

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AECOM decommissioned the system in January 2012. No notice was provided to

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LeatherCare or Ritt, and they first learned about the SVE system after August

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2015.

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36.

In May 2012, Touchstone and Ecology entered into Agreed Order No. 8996. The

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Agreed Order required Touchstone to conduct a Remedial Investigation and a

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Feasibility Study (“RI/FS”) at the Troy Laundry Site, defined as the area

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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“generally located at 307 Fairview Avenue North Seattle, Washington” and as
“the extent of contamination caused by the release of hazardous substances at the
Site.” Under the Agreed Order, Ecology required the RI/FS to delineate the nature
and extent of contamination sufficiently to evaluate and select an appropriate
cleanup action under the applicable regulations.
37.

diesel, and oil-range) above regulatory cleanup levels were detected in soil, at
varying depths, from the surface to approximately 70 feet bgs, in places, on the
north, south, and western portions of the Property.
38.

On August 9, 2012, SES submitted to Ecology a draft Feasibility Study which
proposed cleanup options for the Property. The remedial alternative proposed was
“Excavation and Land Disposal of Soil with In Situ Reductive Dechlorination of
Groundwater.”

39.

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Concentrations of PCE, trichloroethylene, and petroleum hydrocarbons (gasoline,

In late 2012, SES performed a supplemental investigation to further delineate
groundwater contamination adjacent to, and off of, the Property.

40.

The 2012 supplemental investigation was not sufficient to delineate the full

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nature and extent of contamination associated with the Property. Ecology and

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Touchstone therefore agreed to conduct the remedy (excavation and land disposal

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of soil with in-situ reductive dechlorination of groundwater) as an interim

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remedial action.

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41.

On August 28, 2013, Touchstone and Ecology entered into the First Amendment

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to Agreed Order No. 8996. As part of the First Amendment to the Agreed Order,

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SES prepared an August 21, 2013 Interim Action Work Plan and a February 13,

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2014, Engineering Design Report, setting out the plans for the interim remedial

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action. Ecology approved the proposal on March 4, 2014, requiring Touchstone

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to perform the interim action as set out in a separate Interim Cleanup Action Plan.

PRETRIAL ORDER
2:15-cv-01901-TSZ

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1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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42.

Touchstone conducted an interim action at the Property between June 2014 and
February 2015 under the First Amendment to the Agreed Order. The interim
action included but was not limited to: (a) excavation and off-site disposal of soil
with concentrations of PCE, petroleum hydrocarbons, and other hazardous
substances both above the regulatory cleanup levels and above laboratory
detection levels, but below the MTCA Method A cleanup levels; and (b)
installation of an in-situ groundwater injection well network in the primary
groundwater-bearing zone beneath and adjacent to the Property.

43.

The requirements for transport and disposal of soils with detectable levels of PCE
and other chlorinated solvents were addressed in Contained-Out Determination
Letter issued by Ecology on March 26, 2014.

44.

All contaminated soil has been removed from the Property and properly disposed
at receiving facilities. The groundwater injection system has been installed,
injections have occurred and may continue, and ongoing groundwater monitoring

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has been conducted both on and off the Property.

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injections and monitoring will continue pursuant to the First Amendment to the

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Agreed Order.

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45.

Additional groundwater

On January 22, 2016, SES submitted to Ecology an Interim Cleanup Action

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Report documenting the interim actions completed under the First Amendment to

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the Agreed Order. Ecology approved this report in March 2016.

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46.

The RI/FS for the Property is not complete - additional work is necessary to

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identify and delineate the nature and extent of contamination exceeding regulatory

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cleanup levels in all affected media at the Troy Laundry Site, including the

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Property and areas off the Property where contamination may have come to be

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located. In particular, Ecology has required additional investigation of

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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groundwater contamination located outside the boundaries of the Property which
exceeds regulatory cleanup levels.
47.

In July 2016, Touchstone’s consultant drafted a Vapor Intrusion Assessment
Work Plan to evaluate the potential vapor intrusion pathway at the Property and
any need for further action. Ecology is currently reviewing the Work Plan, and
the assessment work is anticipated to be performed in 2018.

48.

In light of the contamination associated with the Property identified during
Touchstone’s due diligence, the Times and Touchstone negotiated the terms under
which the sale would address the costs to investigate and remediate contamination
on the Property and would provide indemnity protection for contamination off of
the property. These negotiations took place between October and December 2010
and culminated in a December 17, 2010 Environmental Remediation and
Indemnity Agreement (“ERIA”).

49.

The ERIA set forth a process for the Times to reimburse Touchstone for

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“Incremental Costs” of transporting and disposing “Contaminated Soils,” as

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opposed to “Clean Soils.”

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50.

Between July 2014 and October 2015, Touchstone submitted eight (8) separate

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primary requests for reimbursement of Incremental Costs associated with the

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transport and disposal of Contaminated Soils, as well as three (3) separate

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supplemental requests for reimbursement. Touchstone provided technical data and

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documentation to the Seattle Times regarding the volumes, calculations, and

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transport and disposal costs associated with the Contaminated Soils, as well as its

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calculation of the Incremental Costs associated with the transport and disposal of

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Contaminated Soils.

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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51.

Touchstone submitted invoices to the Times that included the back-up invoices
from Lease Crutcher Lewis (“LCL”), Touchstone’s general contractor for the
redevelopment of the Property.

52.

Between January 2014 and September 2017, Touchstone submitted two (2)
separate requests for reimbursement of costs associated with the operation and
management of the groundwater treatment system on and adjacent to the Troy
Laundry Property. Touchstone provided technical data and documentation to the
Seattle Times regarding the costs incurred and the specific remedial activities
performed.

53.

To date, the Times has paid $4,783,434.17 toward the transport and disposal of
Contaminated Soils that the Times and Touchstone have categorized for disposal
under the ERIA. All of these costs were incurred under the processes selected in
the Agreed Order and the First Amendment to the Agreed Order. The Times has
not paid any additional costs to Touchstone under the ERIA.

54.

Touchstone has claimed a total of $8,640,875.24 in Incremental Costs and other

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recoverable costs under the ERIA. Touchstone has demanded that the Times pay

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an additional $3,857,441.07 in costs that Touchstone claims to have incurred

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under the Agreed Order and First Amendment to the Agreed Order, and that

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Touchstone claims are recoverable under the ERIA.

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55.

The Times is disputing Touchstone’s additional costs in the following categories:

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(a) $539,694.67 for installation of dechlorination wells and groundwater

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treatment; (b) $49,236.27 for soil delineation and regulatory compliance; (c)

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$47,654.94 for costs expended tracking trucks during transport and disposal of

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Contaminated Soils; (d) $51,588.65 for LCL Hazardous Waste Worker Training

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and Certification; (e) $288,653.41 for LCL Markups and Fees charged to

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Incremental Costs; (f) $475,875.75 for Sampling, Testing, and Field Work; and

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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$648,674.31 for Washington State Sales Tax charged to Incremental Costs; and
(h) $1,756,063.07 of additional Incremental Costs related to transport and
disposal of Contaminated Soils.
56.

The Times has incurred approximately $350,000 for the design and
implementation of the SVE system.

57.

Touchstone claims to have incurred over $1,000,000 in environmental response
costs and remedial action costs related to hazardous substances in soil,
groundwater, and soil vapor associated with the Property, which costs are separate
from the Incremental Costs and indemnified costs and expenses which
Touchstone has claimed are addressed under the ERIA.

58.

It is possible that additional investigation and cleanup actions may be necessary in
other areas at the Site outside the Property boundaries.

59.

The total amount of additional environmental response costs and remedial action
costs to be incurred by Touchstone is uncertain at this time, as the investigation

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and remediation activities are not yet complete.

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ISSUES OF LAW

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All parties stipulate to the following conclusions of law:

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1.

There has been a “release” or threatened release of “hazardous substances” from

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the “facility” known as the Troy Block Property, as those terms are defined under CERCLA, 42

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U.S.C. §9601(9), (14), (22) and MTCA, RCW 70.105D.020(8), (13), (32).

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2.

Seattle Times is a “former owner” as defined under CERCLA, 42 U.S.C. §

9607(a)(2), and MTCA, RCW 70.105D.040(1)(b).
3.

Seattle Times has incurred “necessary costs of response” under CERCLA, 42

U.S.C. § 9607(a)(4)(B), and “remedial action costs” under MTCA, RCW 70.105D.080.
4.

LeatherCare is a “former operator” as defined under CERCLA, 42 U.S.C.

§9607(a)(2), and MTCA, RCW 70.105D.040(1)(b).

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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5.

Touchstone SLU LLC is a prior owner and operator of the facility. Touchstone

SLU LLC entered into Agreed Order No. DE 8996 with the Washington State Department of
Ecology on May 12, 2012 (“Agreed Order”). Pursuant to the Agreed Order, Touchstone SLU
LLC is a Potentially Liable Person under the Model Toxics Control Act, Chapter 70.105D RCW,
in connection with the Troy Laundry Site. Touchstone entered into a First Amendment to the
Agreed Order on or about August 28, 2013.
6.

On March 28, 2013 Touchstone SLU LLC conveyed the Troy Block property to

TB TS/RELP LLC via Special Warranty Deed. Touchstone SLU LLC is a member of TB
TS/RELP LLC.
7.

TB TS/RELP LLC is the current “owner or operator” as defined under CERCLA,

42 U.S.C. §9607(a)(1), and MTCA, RCW 70.105D.040(1)(a).
8.

Touchstone SLU LLC and TB TS/RELP LLC have incurred “necessary costs of

response” under CERCLA, 42 U.S.C. §9607(a)(4)(B), and “remedial action costs” under MTCA,
RCW 70.105D.080. Any response costs or remedial action costs incurred by Touchstone SLU
LLC are now considered response costs or remedial action costs incurred by TB TS/RELP LLC.

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9.

The elements of CERCLA and MTCA liability are hereby established for

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purposes of Seattle Times’ complaint against LeatherCare, Inc., LeatherCare’s counterclaim

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against Seattle Times as an owner, LeatherCare’s claims against TB TS/RELP LLC, and TB

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TS/RELP LLC’s claims against LeatherCare, Inc.

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The following are the Seattle Times’ proposed issues of law to be determined by the
Court:
1.

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What is LeatherCare’s equitable share of environmental response costs under
CERCLA?

2.

What is LeatherCare’s equitable share of remedial action costs under MTCA,
RCW 70.105D.080?

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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3.

were disposed of under 42 U.S.C. § 9607(a)(2) and liable for all necessary costs
of response under CERCLA Section 107(a)?
4.

response under CERCLA Section 107(a)?
5.

Is Mr. Ritt a “person” who “operated” a “facility” under RCW 70.105D.040(b)?

6.

Is Mr. Ritt a “person” who “arranged for disposal” of hazardous substances at a
facility under RCW 70.105D.040(c)?

7.

8.

9.

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Has the Times incurred necessary costs of response that are not inconsistent with
the national contingency plan (“NCP”) under 42 U.S.C. § 9607(a)?

10.

Has the Times incurred costs conducting remedial actions that are the substantial
equivalent of remedial actions led or supervised by Ecology?

11.

Is the Times a prevailing party under MTCA and therefore entitled to recovery of
its reasonable attorney fees and costs under RCW 70.105D.080?

12.

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What is Mr. Ritt’s equitable share of remedial action costs under MTCA, RCW
70.105D.080?

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If Mr. Ritt is liable under CERCLA, what is Mr. Ritt’s equitable share of
environmental response costs under CERCLA

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Is Mr. Ritt a “person” who “arranged for disposal” of hazardous substances at a
“facility” under 42 U.S.C. § 9607(a)(3) and liable for all necessary costs of

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Is Mr. Ritt a “person” who “operated” a “facility” at which hazardous substances

Is the Times liable to Touchstone for any additional costs or expenses claimed by
Touchstone under the ERIA?

13.

Is the Times the “substantially prevailing party” regarding Touchstone’s claims
against the Times under the ERIA?

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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The following are LeatherCare’s proposed issues of law to be determined by the Court:
1.

Property under 42 U.S.C. § 9601(20) and, therefore, also liable as a former
operator pursuant to 42 U.S.C. §9607(a)(2).
2.

Is the Seattle Times a former “operator” of the facility known as the Troy Block
Property under RCW 70.105D.020(22) and, therefore, also liable as a former
operator pursuant to RCW 70.105D.040(1)(b).

3.

What portion of the costs claimed

by Seattle Times and Touchstone are

recoverable “response costs” under CERCLA, 42 U.S.C. §9607(a)(4)(B).
4.

What portion of the costs claimed by Seattle Times and Touchstone are
recoverable “remedial action costs” under MTCA, RCW 70.105D.080.

5.

Of the costs claimed that are “response costs”, what are the Parties’ equitable
shares of those response costs under CERCLA, 42 U.S.C. § 9613(f)?

6.

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Is the Seattle Times a former “operator” of the facility known as the Troy Block

Of the costs claimed that are “remedial action costs”, what are the Parties’
equitable shares of those remedial action costs under MTCA, RCW 70.105D.080?

7.

Is LeatherCare a prevailing party under MTCA and, therefore, entitled to recover

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its reasonable attorney fees and other costs from the Plaintiff and/or Third Party

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Defendant parties?

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The following are Touchstone’s proposed issues of law to be determined by the Court:

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1.

What are the Seattle Times’ obligations to Touchstone under the ERIA with

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regard to: (1) the reimbursement of Incremental Costs necessary to meet Soil

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Cleanup Criteria on and beneath the Troy Laundry Property; and (2)

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indemnification for costs and expenses associated with soil and groundwater

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contamination that has migrated or may migrate off of the Troy Laundry

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Property?

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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2.

What are the Seattle Times’obligations to Touchstone with respect to the
Washington State Sales Tax incurred by Touchstone for the remediation of
Contaminated Soils that occurred during redevelopment of the Troy Laundry
Property?

3.

Is Touchstone the “substantially prevailing party” regarding its claims against the
Seattle Times’ under the ERIA?

4.

Has Touchstone incurred recoverable environmental response costs under
CERCLA, 42 U.S.C. § 9607(a)?

5.

Has Touchstone incurred recoverable remedial action costs under MTCA, RCW
70.105D.080?

6.

What is LeatherCare’s equitable share of the environmental response costs
incurred by Touchstone under CERCLA?

7.

What is LeatherCare’s equitable share of remedial action costs incurred by
Touchstone under MTCA?

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8.

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Is Touchstone entitled to recovery of reasonable attorney fees and costs incurred
as part of performance of remedial activities under RCW 70.105D.080?

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9.

Is Touchstone a prevailing party under MTCA and therefore entitled to recovery

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of its reasonable attorney fees and costs under RCW 70.105D.080?

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EXPERT WITNESSES

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The name(s) and addresses of the expert witness(es) to be used by each party at the trial

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and the issue upon which each will testify are:

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(a)

On behalf of plaintiff Seattle Times:

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1.

Bruce Dale, Ph.D.
2865 Hagadorn Road
Mason, MI 48854

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Professor Dale is a professional chemical engineer. He will testify about processing
equipment used in dry cleaning and the nature and amount of hazardous substances
released to the environment from equipment formerly operated at the Property.

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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2.

Peter M. Krasnoff, P.E.
West Environmental Services &Technology
711 Grand Avenue
San Rafael, CA 94901
Mr. Krasnoff is a professional civil engineer. He will testify about the manner in which
hazardous substances regulated under CERCLA and MTCA were released to the
environment from former operations at the Property.

3.

Peter Jewett, L.G., L.E.G.
Farallon Consulting, LLC
975 5th Avenue Northwest
Issaquah, WA 98121
Mr. Jewett is an engineering geologist. He will testify about the nature and extent of
hazardous substances released to soil and groundwater from former operations at the
Property. Mr. Jewett will testify about whether the interim actions completed at the
Property were necessary and appropriate to remove hazardous substances to protect
human health and the environment, and whether additional remediation of soil and/or
groundwater will be necessary to clean up hazardous substances off the Property.

4.

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Jeffrey Zelikson
Gnarus Advisors, LLC
2479 East Bayshore Road, Suite 150
Palo Alto, CA 94303
Mr. Zelikson will testify about the costs that the Times incurred for response and
remedial action at the Property and whether those costs were consistent with the NCP
under CERCLA and/or substantially equivalent under MTCA.

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5.

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Richard White
Gnarus Advisors, LLC
4350 N. Fairfax Drive, Suite 830
Arlington, VA 22203
Mr. White will testify about allocating shares of response costs incurred at the Property
among potentially responsible parties and potentially liable persons under CERCLA
and/or MTCA.

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(b)

On behalf of defendant/third-party plaintiff LeatherCare:

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1.

Pam Morrill, LG, LHG
CDM Smith
14432 SE Eastgate Way, Suite 100

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PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Bellevue, WA 98007
Ms. Morrill is a licensed geologist/hydrogeologist and project manager for CDM Smith.
She will testify regarding her analysis of the soil and groundwater data collected from the
site and surrounding neighborhood, research concerning historical development and uses
of the site, waste water discharges and sampling at the site and surrounding
neighborhood, various clean-up and re-development activities conducted by Seattle
Times and Touchstone and the costs claimed in connection therewith.
(c)

On behalf of third-party defendant Touchstone:

1.

Dave Cook
Aspect Consulting
401 Second Avenue South, Suite 201
Seattle, Washington 98104
Mr. Cook is a principal geologist with Aspect Consulting LLC, and is an expert witness
serving on behalf of Touchstone. The opinions Mr. Cook will offer at trial are disclosed
in his expert report dated April 19, 2017. In summary, Mr. Cook’s opinions are that he
has found the Incremental Costs incurred by Touchstone/TB TS RELP LLC and charged
to Seattle Times in the following categories were reasonable and necessary, and the
Incremental Costs costs were consistent with remedial action costs incurred at other
similar projects involving the transport and disposal of contaminated soil in conjunction
with redevelopment, which included:
1.

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2.

Mr. Cook’s opinions are based on his 25 years of environmental consulting experience
overseeing large urban environmental cleanup actions that are performed concurrent with
property redevelopment. Mr. Cook’s opinions focus on two key elements of determining
Incremental Costs as provided for in the ERIA:
1.

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Transport and disposal of solvent-contaminated soil under the conditions
outlines in an Ecology-issued Contained-In / Contained-Out
Determination dated March 26, 2014;
Performance monitoring, remedial excavation oversight, sampling, and
analytical testing.

2.

26

PRETRIAL ORDER
2:15-cv-01901-TSZ

The identification and segregation of contaminated soil from clean soil,
the selection of the least expensive method and location for the transport
and disposal of contaminated soil, and, more specifically, whether all of
the contaminated solid could have been shipped to Republic Services
Roosevelt landfill by rail for a lower cost than was actually achieved
during the Project.
The incremental environmental cost that occurs during a combined
cleanup and redevelopment project, and what costs are incurred above and
beyond those costs for a construction project where only clean soil is
encountered.

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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OTHER WITNESSES
The names and addresses of witnesses, other than experts, to be used by each party at the
time of trial and the general nature of the testimony of each are:
(a)

On behalf of plaintiff Seattle Times:

1.

Alan Fisco
The Seattle Times Company
1000 Denny Way
Seattle, WA 98109

Mr. Fisco is the Chief Financial Officer for the Times. He will testify about the Times’
and the Property’s operational history, the Times’ purchase and use of the Property, and
the costs that the Times paid to Touchstone under the ERIA between Touchstone and the
Times.
2.

3.

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4.

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Will Testify

Steven Wood
CenturyPacific, LLLP
1201 Third Avenue, Suite 1680
Seattle, WA 98101

Will Testify

Mr. Wood will testify about the Times’ negotiation and execution of the ERIA between
Touchstone and the Times.

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Campbell Mathewson
CenturyPacific, LLLP
1201 Third Avenue, Suite 1680
Seattle, WA 98101

Mr. Mathewson will testify about the Times’ efforts to sell the Property and the Times’
sale of the Property to Touchstone.

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Jeff Belfiglio
Will Testify
Davis Wright Tremaine
777 108th Avenue N.E., Suite 2300
Bellevue, Washington 98004
Jeff Belfiglio is the Times’ outside counsel. He may testify about the Times’ cleanup
action at the Property in 1985, associated lawsuits, negotiations with Ecology regarding
that cleanup, and other matters related to the Property in the mid-1980s timeframe.

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Will Testify

5.

Peter Kingston
Farallon Consulting, LLC
975 5th Avenue Northwest

PRETRIAL ORDER
2:15-cv-01901-TSZ

Will Testify

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Issaquah, WA 98121
Mr. Kingston is SES’ former project manager for Touchstone’s investigation,
remediation, and redevelopment of the Property. He will testify about SES’
environmental investigation and remediation of the Troy site, including SES’ discovery
of contaminated soil and groundwater. Mr. Kingston will testify about the Agreed Order
issued to Touchstone by Ecology. He will testify to facts relevant to determining
consistency with the NCP under CERCLA and substantial equivalence under MTCA.
6.

Will Testify

Mr. Conkin will testify about the Times’ installation and operation of a SVE system at
the Property and the costs that the Times incurred for the SVE system. He will testify
about the Times’ participation in Touchstone’s investigation and remediation of the
Property, and the costs that the Times’ reimbursed Touchstone under the ERIA between
Touchstone and the Times. He will testify to facts relevant to determining consistency
with the NCP under CERCLA and substantial equivalence under MTCA.
7.

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Steven Ritt
LeatherCare, Inc.
901 Elliott Avenue West
Seattle, WA 98119

Proposed Testimony via Deposition Excerpts

Mr. Ritt is LeatherCare’s President. He will testify about LeatherCare’s business history
and operations at the Property, including LeatherCare’s use of drycleaning equipment and
disposal of wastes from its operations at the Property.

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J. Riley Conkin, L.G., L.H.G.
Farallon Consulting, LLC
975 5th Avenue Northwest
Issaquah, WA 98121

8.

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Martin Brown
LeatherCare, Inc.
901 Elliott Avenue West
Seattle, WA 98119

Proposed Testimony via Deposition Excerpts

Mr. Brown is a current LeatherCare employee. He will testify about his employment with
LeatherCare during the time LeatherCare operated at the Property.

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9.

Thelma Spillers
10729 17th Ave. S.W.
Seattle, WA 98146

Proposed Testimony via Deposition Excerpts

Ms. Spillers is a former LeatherCare employee. She will testify about her employment
with LeatherCare during the time LeatherCare operated at the Property.

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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10.

The plaintiff has presently not identified any witnesses who will be called to testify if
necessary to establish authenticity and admissibility of certain records.

The following witnesses are plaintiff’s “possible witnesses only”:
11.

12.

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Proposed Rebuttal via Deposition Transcripts

David Clemens
The Seattle Times Company
19200 Denny Way
Seattle, WA 98109

May Testify in Rebuttal

Mr. Clemens is a Times employee. He may testify about the Times’ former operations at
1120 John Street.

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13.

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Maura O’Brien
Proposed Rebuttal via Deposition Excerpts
Washington State
Department of Ecology (former business address)
3190 160th Ave. S.E.
Bellevue, WA 98008
Ms. O’Brien is the former Ecology Site Manager for the Troy Laundry Site. She may
testify about Ecology’s role in hazardous waste cleanup at the site.

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Frank Blethen
The Seattle Times Company
1000 Denny Way
Seattle, WA 98109

Mr. Blethen is the Times’ Publisher. He may testify about the Times’ history and
purchase and use of the Property. The Times offers portions of his testimony in rebuttal
to excerpts designated by LeatherCare, largely illustrating his lack of recollection and
lack of knowledge regarding topics on which LeatherCare offers his testimony.

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Proposed Testimony via Deposition Excerpts

Mr. Rowley is a former LeatherCare employee. He will testify about his employment
with LeatherCare during the time LeatherCare operated at the Property.

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Larry Rowley
22505 40th Place W.
Mountlake Terrace, WA 98043

14.

Sunny Becker
Washington State

PRETRIAL ORDER
2:15-cv-01901-TSZ

Proposed Rebuttal via Deposition Excerpts

- 27 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Department of Ecology
3190 160th Avenue SE
Bellevue, WA 98008
Ms. Becker is the current Ecology Site Manager for the Troy Laundry Site. She may
testify about Ecology’s role in hazardous waste cleanup at the site.
15.

Mr. Warren manages Ecology’s Toxics Cleanup Program for the Northwest Region,
which includes the Troy Laundry Site. He may testify about Ecology’s role in hazardous
waste cleanup at the site.
16.

17.

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May Testify in Rebuttal

Thomas Cusack
Washington State Department
of Ecology
300 Desmond Drive SE
Lacey, WA 98503

Proposed Rebuttal via Deposition Excerpts

Mr. Cusack is employed by Ecology. He may testify about Ecology’s management of
hazardous waste disposal, and in rebuttal to any assertions made by LeatherCare’s
experts in purported reliance on, or by reference to, his knowledge or alleged statements.

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Shannon Testa
Lease Crutcher Lewis
2200 Western Ave #500
Seattle, WA 98121

Ms. Testa is Lease Crutcher Lewis’s project manager for Touchstone’s redevelopment of
the Property. She may testify about Touchstone’s investigation, remediation, and
redevelopment of the Property.

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Robert W. Warren, P.Hg., MBA Proposed Rebuttal via Deposition Excerpts
Section Manager, Toxics Cleanup Program
Washington State Department of Ecology
3190 160th Ave. S.E.
Bellevue, WA 98008-5452

18.

H. Mason Sizemore
2054 NW Blue Ridge Dr.
Seattle, WA 98177

Proposed Rebuttal via Deposition Transcripts

Mr. Sizemore held several positions at the Times during his 36 years of employment,
including copy editor, copy desk chief, assistant managing editor for news, managing
editor, production director, assistant general manager, general manager and vicepresident. The Times offers portions of his deposition testimony in rebuttal to excerpts
designated by LeatherCare, largely illustrating his lack of recollection and lack of

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 28 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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knowledge about topics on which LeatherCare offers his testimony. His testimony
includes a clarifying declaration, filed with the Court on July 25, 2016, that must be read
in conjunction with any deposition excerpts designated by any party in this case.
19.

20.

21.

Proposed Rebuttal via Deposition Transcripts

Eric Rosebrock
710 216th Ave NE
Sammamish, WA 98074-3924

Proposed rebuttal via deposition transcripts

Mr. Rosebrock is a former Times employee. His roles have included facilities manager,
machine shop manager, electric shop manager, production support manager, and facility
operations manager. The Times offers portions of his testimony in rebuttal to excerpts
designated by LeatherCare, largely illustrating his lack of recollection and lack of
knowledge regarding topics on which LeatherCare offers his testimony.

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Elizabeth Sander
The Seattle Times Company
1000 Denny Way
Seattle, WA 98109

Proposed rebuttal via deposition transcripts

Ms. Sander is a current Times employee. Her position is treasury risk-management
specialist. Over the thirty years she has been at the Times, she has had many other
positions, including accounts payable. The Times offers portions of her testimony in
rebuttal to excerpts designated by LeatherCare, largely illustrating her lack of recollection
and lack of knowledge regarding topics on which LeatherCare offers her testimony.

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Andrew Faas
130 – 140th Pl NE
Bellevue, WA 98007

Mr. Faas was a controller, vice president of finance, and vice president of finance and
administration for the Times. The Times offers portions of his testimony in rebuttal to
excerpts designated by LeatherCare, largely illustrating his lack of recollection and lack
of knowledge regarding topics on which LeatherCare offers his testimony.

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Proposed Rebuttal via Deposition Transcripts

Mr. Hallowell was a controller, vice president, and chief financial officer for the Times.
The Times offers portions of his testimony in rebuttal to excerpts designated by
LeatherCare, largely illustrating his lack of recollection and lack of knowledge regarding
topics on which LeatherCare offers his testimony.

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Robert Hallowell
11225 SW Corbin Beach Rd.
Vashon, WA 98070

23.

Douglas Ranes
34327 N 61st Pl

PRETRIAL ORDER
2:15-cv-01901-TSZ

Proposed rebuttal via deposition transcripts

- 29 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Scottsdale, AZ 85266-7351
Mr. Ranes is a former Times employee. His roles included building services manager,
plant manager, and product manager. The Times offers portions of his testimony in
rebuttal to excerpts designated by LeatherCare, largely illustrating his lack of recollection
and lack of knowledge regarding topics on which LeatherCare offers his testimony.
24.

25.

26.

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Proposed rebuttal via deposition transcripts

Nathaniel T. Brown
5546 179th Avenue Southeast
Bellevue, WA 98006-5930

Proposed rebuttal via deposition transcripts

Mr. Brown was a senior vice-president of finance for the Times. He may testify regarding
the Times’ operational history.

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Carolyn Kelly
3624 10th Avenue West
Seattle, WA 98119-1413

Ms. Kelly is a former Times employee. Her positions included CFO, general manager,
and president. The Times offers portions of her testimony in rebuttal to excerpts
designated by LeatherCare, largely illustrating her lack of recollection and lack of
knowledge regarding topics on which LeatherCare offers her testimony.

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Proposed rebuttal via deposition transcripts

Mr. Paiva is a former Times employee. His roles included production manager,
operations director, and vice president of operations. The Times offers portions of his
testimony in rebuttal to excerpts designated by LeatherCare, largely illustrating his lack
of recollection and lack of knowledge regarding topics on which LeatherCare offers his
testimony.

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Frank Paiva
2674 Chesapeake Drive
Eugene, OR, 97408

27.

Douglas Howe
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

Proposed Rebuttal via Deposition Transcripts

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Mr. Howe is a former principal at Touchstone. He may testify about the ERIA and its
formation as well as the purchase of the Troy Laundry Property and Touchstone’s
redevelopment plans and efforts. He may testify about the performance of redevelopment
activities at the Troy Laundry Property, the costs Touchstone incurred to investigate and
remediate the Troy Laundry Property, the invoices Touchstone submitted to the Times
for reimbursement under the ERIA, and the additional remedial activities that will need to
be performed on and adjacent to the Troy Laundry Property.

PRETRIAL ORDER
2:15-cv-01901-TSZ

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MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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28.

(b)

On behalf of defendant/third-party plaintiff LeatherCare:

1.

Steven Ritt
President, LeatherCare
901 Elliott Ave. West
Seattle, WA 98119

2.

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Mark Chose
1401 N Springbrook Rd Apt 129
Newberg, OR 97132

Will Testify [or by deposition if unable to
testify]

Mr. Chose is a former operating engineer and head mechanic for Troy Laundry. He will
testify regarding his over 10 years of employment with Troy laundry, his knowledge of
Troy’s operations, its equipment, Stoddard drycleaning, spotting area, industrial laundry,
truck service and fueling operations, Troy’s truck fleet, Troy’s garbage disposal service
and waste handling practices, his knowledge of the Troy Block property, the sewer lines,
catch basins, detention vaults, underground storage tanks and other infrastructure, Troy’s
tenants on the property and other similar relevant items.

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Will Testify [by deposition if necessary for
health reasons]

Mr. Ritt is the President of LeatherCare. He will testify regarding all aspects of this case
in connection with LeatherCare’s business and operations, Troy’s operations of which he
has knowledge, the leasing relationship between LeatherCare and Troy, the services
provided to LeatherCare by Troy, the leasing relationship between LeatherCare and
Seattle Times and his knowledge of the Troy Block property.

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May Testify in Rebuttal

Mr. Klansnic is a Senior Project Manager at Touchstone. He will testify about the costs
Touchstone incurred to investigate and remediate the Property and the invoices
Touchstone submitted to the Times for reimbursement under the ERIA between
Touchstone and the Times.

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Paul Klansnic
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

3.

Jack Ross
15408 20th Pl. W.
Lynnwood WA 98087

Will Testify [or by deposition if unable to Testify]

Mr. Ross is the former chief engineer for Troy Laundry. He will testify regarding his
approximately 20 years of employment with Troy Laundry, his knowledge of Troy’s
operations, its equipment, the locations of the various lines of business including PCE
drycleaning, Stoddard drycleaning, industrial laundry and truck service and fueling,
among other items, Troy’s garbage disposal service and waste handling practices, his

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 31 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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knowledge of the Troy Block property the sewer lines, catch basins, detention vaults,
underground storage tanks and other infrastructure, Troy’s tenants on the property and
other similar relevant items.
4.

5.

6.

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Will Testify

Riley Conkin, L.G., L.H.G.
Farallon Consulting, LLC
975 5th Ave Northwest
Issaquah, WA 98121

Will Testify

Mr. Conkin was designated by Seattle Times as a 30(b)(6) representative. He will testify
regarding the investigation, remediation and re-development activity conducted by
Touchstone and the Seattle Times at the Troy Block, interface with Ecology and related
matters.

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Pete Kingston
Farallon Consulting, LLC
975 5th Ave Northwest
Issaquah, WA 98121

Mr. Kingston is SES’ former project manager and was designated by Touchstone as its
30(b)(6) representative with knowledge of the investigation, remediation and redevelopment activity conducted by Touchstone at the Troy Block. He will testify to those
matters including SES’ investigation of the Troy Block, its engagement with Ecology, its
entry into an Agreed Order, its interactions with Seattle Times representatives, and
Touchstone’s planning for and excavation of the site as well as post excavation sampling,
groundwater treatment, and interface with Ecology.

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Will Testify

Mr. Mathewson is a real estate broker for the Seattle Times. He will testify about the
Times’ real estate marketing and sale efforts in connection with the Troy Block property
as well as the purchase and sale agreement, its amendments and the Environmental
Remediation and Indemnity Agreement between Touchstone and the Times.

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Campbell Mathewson
Century Pacific, LLLP
1201 Third Avenue, Suite 1680
Seattle, WA 98101

7.

Shannon Testa
Lease Crutcher Lewis
2200 Western Ave #500
Seattle, WA 98121

Will Testify

Ms. Testa is the Lease Crutcher Lewis project manager for Touchstone’s redevelopment
of the Troy Block. She will testify regarding the organization, timing and conduct of the
excavation at the site, costs incurred and billed to Touchstone in connection with the

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 32 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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excavation and hazardous substances, collaboration with SES during the work and the
demolition and excavation subcontractor’s terms and work.
8.

9.

10.

Will Testify

Eric Rosebrock
710 216th Avenue NE
Sammamish, WA 98074-3924

Will Testify via Deposition Transcript

Mr. Rosebrock is a former Times employee. He will testify regarding the Times’
operational history and hazardous materials used by the Times at the Troy Block and at
its adjacent properties.

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11.

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Douglas Ranes
34327 N 61st Pl
Scottsdale, AZ 85266-7351

Will Testify via Deposition Transcript

Mr. Ranes is the Times’ former Plant Manager. He will testify regarding the Times’
operational history and hazardous materials used by the Times at the Troy Block and at
its adjacent properties.

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Jeff Belfiglio
Davis Wright Tremaine
777 108th Ave NE, Ste 2300
Bellevue, WA 98004

Mr. Belfiglio is the Times’ former environmental attorney. He will testify regarding the
Times’ Closure Plan and actions and planning in connection therewith, interactions with
contractors, consultants and Ecology in connection therewith and the Times’ lawsuits
against Troy Laundry/American Linen et al. in connection with hazardous substances at
the Troy Block, claims involved in the lawsuit and the settlement and release in
connection therewith.

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Will Testify

Mr. Clemens is the Times’ employee. He was designated as a 30(b)(6) representative for
the Times. He will testify regarding the Times’ operational history and hazardous
materials used by the Times at the Troy Block and at its adjacent properties.

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David Clemens
The Seattle Times Company
19200 Denny Way
Seattle, WA 98109

12.

David Maryatt
1326 5th Ave, Ste 711
Seattle, WA 98101

Will Testify [by Deposition Transcript if unable to
testify live]

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PRETRIAL ORDER
2:15-cv-01901-TSZ

- 33 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Mr. Maryatt is a principle of American Linen Supply Company. He will testify regarding
American Linen Supply’s purchase of Troy, the sale of the Troy Block property to the
Times, the move out activities from the Troy Block, the lawsuits by the Times against
ALS and Troy and the settlement and release of the same, other environmental claims
against ALS, the sale of the company’s assets, the dispersal of company records, and
other related matters.
13.

14.

15.

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Sunny Becker
Washington State Department
of Ecology
3190 160th Avenue SE
Bellevue, WA 98008

Will Testify via Deposition Transcript

Maura O’Brien
Washington State Department
of Ecology
3190 160th Avenue SE
Bellevue, WA 98008

Will Testify via Deposition Transcript

Ms. O’Brien is the former Ecology Site Manager for the Troy Laundry Site. She may
testify about Ecology’s role in hazardous waste cleanup at the site.

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Will Testify via Deposition Transcript

Ms. Becker is the current Ecology Site Manager for the Troy Laundry Site. She may
testify about Ecology’s role in hazardous waste cleanup at the site.

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Larry Rowley
22505 40th Place W.
Mountlake Terrace, WA 98043

Mr. Rowley may testify regarding his employment with LeatherCare, his knowledge of
Troy Laundry’s operations and the Troy Block property.

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Will Testify via Deposition Transcript

Ms. Spillers may testify, regarding her employment with LeatherCare and her knowledge
of Troy Laundry’s operations including its truck fleet, activities of the Troy Trucks and
on site mechanic.

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Thelma Spillers (née Leetch)
10729 17th Ave. S.W.
Seattle, WA 98146

17.

Robert W. Warren, P.Hg., MBA
Washington State Department
of Ecology
3190 160th Avenue SE

PRETRIAL ORDER
2:15-cv-01901-TSZ

Will Testify via Deposition Transcript

- 34 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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Bellevue, WA 98008
Mr. Warren manages Ecology’s Toxics Cleanup Program for the Northwest Region,
which includes the Troy Laundry Site. He may testify about Ecology’s role in hazardous
waste cleanup at the site.
18.

19.

Nathaniel T. Brown
5546 179th Avenue Southeast
Bellevue, WA 98006-5930

Will Testify via Deposition Transcript

Mr. Brown was a senior vice-president of finance for the Times. Mr. Brown may testify
regarding the Times’ operational history, purchase and sale and value of the properties at
issue, knowledge of contamination and clean-up actions or inactions and hazardous
materials used by the Times at the Troy Block and at its adjacent properties.

20.

Andrew S. Faas
130 140th Place Northeast
Bellevue, WA 98007-6940

Will Testify via Deposition Transcript

Mr. Faas was a controller, vice president of finance, and vice president of finance and
administration for the Times. Mr. Faas may testify regarding the Times’ operational
history, purchase and sale and value of the properties at issue, knowledge of
contamination and clean-up actions or inactions and hazardous materials used by the
Times at the Troy Block and at its adjacent properties.

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Will Testify via Deposition Transcript

Mr. Blethen is the Times’ Publisher. He may testify regarding the Times’ operational
history and the Times’ purchase, use and sale of the Troy Block.

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Frank Blethen
The Seattle Times Company
1000 Denny Way
Seattle, WA 98109

21.

Robert Hallowell
Will Testify via Deposition Transcript
11225 Southwest Corbin Beach Rd.
Vashon, WA 98070

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Mr. Hallowell was a controller, vice president, and chief financial officer for the Times.
Mr. Hallowell may testify regarding the Times’ operational history, purchase and sale
and value of the properties at issue, knowledge of contamination and clean-up actions or
inactions and hazardous materials used by the Times at the Troy Block and at its adjacent
properties.

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PRETRIAL ORDER
2:15-cv-01901-TSZ

- 35 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

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14

22.

23.

24.

18
18

22
22

Will Testify via Deposition Transcript

H. Mason Sizemore
2054 Northwest Blue Ridge Drive
Seattle, WA 98177-5428

Will Testify via Deposition Transcript

Mr. Sizemore held many positions at the Times during his 36 years of employment,
including copy editor, copy desk chief, assistant managing editor for news, managing
editor, production director, assistant general manager, general manager and vicepresident. Mr. Sizemore may testify regarding the Times’ operational history, purchase
and sale and value of the properties at issue, knowledge of contamination and clean-up
actions or inactions and hazardous materials used by the Times at the Troy Block and at
its adjacent properties.

17
17

21
21

Frank Michael Paiva
2674 Chesapeake Drive
Eugene, OR, 97408

Mr. Paiva held many positions at the Times during his 25 years of employment, including
senior assistant production manager. Mr. Paiva may testify regarding the Times’
operational history, purchase and sale and value of the properties at issue, knowledge of
contamination and clean-up actions or inactions and hazardous materials used by the
Times at the Troy Block and at its adjacent properties.

16
16

20
20

Will Testify via Deposition Transcript

Ms. Kelly held many positions at the Times during her 32-33 years of employment,
including CFO, general manager, and president. Ms. Kelly may testify regarding the
Times’ operational history, purchase and sale and value of the properties at issue,
knowledge of contamination and clean-up actions or inactions and hazardous materials
used by the Times at the Troy Block and at its adjacent properties.

15
15

19
19

Carolyn S. Kelly
3624 10th Avenue West
Seattle, WA 98119-1413

25.

Douglas Howe
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

Will Testify via Deposition Transcript

24

Mr. Howe is a former principal at Touchstone. He will testify about the purchase of the
Property, the purchase price, the ERIA, financing requirements and the ERIA in
connection therewith, Touchstone’s redevelopment plans and efforts. He will testify
about the performance of redevelopment activities at the Troy Laundry Property and
projected costs and budgets in connection with the same.

25

Defendant/ third-party plaintiff has presently not identified any witnesses who will be

23

26

called to testify if necessary to establish authenticity and admissibility of certain records.

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 36 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
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12
12
13
13
14
14

The following witnesses are defendant/ third-party plaintiff LeatherCare’s “possible
witnesses only”:
26.

27.

28.

18
18

20
20

23
24
25

May Testify

Paul Klansnic
Touchstone
2025 First Ave, Ste 1212
Seattle, WA 98121

May Testify

Mr. Klansnic is a Senior Project Manager for Touchstone. He may testify regarding
Touchstone’s purchase and redevelopment of the Troy Block, its contractual
arrangements with Ecology and the Times and costs incurred in connection therewith.

19
19

22
22

Steve Wood
Century Pacific, LLLP
1201 Third Avenue, Suite 1680
Seattle, WA 98101

Mr. Wood is a real estate broker and strategist for the Seattle Times. He may testify about
the Times’ real estate marketing and sale efforts and program in connection with the Troy
Block property as well as the purchase and sale agreement, its amendments and the
Environmental Remediation and Indemnity Agreement between Touchstone and the
Times.

17
17

21
21

May Testify [by Deposition Transcript if
unable to testify live]

Mr. Brown is a truck driver and current employee of LeatherCare that was also employed
at the time LeatherCare leased space at the Troy Block. He may testify regarding his
knowledge of LeatherCare’s operations in connection with his employment and his
personal knowledge of Troy’s operations.

15
15
16
16

Martin Brown
901 Elliott Ave. West
Seattle, WA 98119

29.

Shawn Parry
Touchstone
2025 First Ave, Ste 1212
Seattle, WA 98121

May Testify

Mr. Perry is Head of Operations for Touchstone. He may testify regarding Touchstone’s
purchase and redevelopment of the Troy Block, its contractual arrangements with
Ecology and the Times and costs incurred in connection therewith.

26

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 37 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
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5
6
6
7
7
8
8
9
9
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12
12
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13
14
14

30.

May Testify

Ms. Rothman is a principal at SES. She may testify regarding Touchstone’s investigation,
planning and site re-development activities, engagement with the Department of Ecology
and the Times’ representatives.
31.

Bruce Tiffany, Engineer IV
King County Industrial
Waste Program
King Street Center
201 S Jackson St Rm 513
Seattle, WA 98104-3855

May Testify

Mr. Tiffany is an engineer at King County Industrial Waste Program. He may testify
regarding the industrial waste program, roll out of implementation of local limits and
sampling and waste discharge monitoring at the Troy Block.
32.

Raymond A. Carveth
13407 Wigen Rd, Apt. B
Lynnwood, WA. 98087-1637

May Testify

Mr. Carveth is a former Industrial Waste Investigator, Comprehensive Planning Division.
He may testify regarding correspondence with LeatherCare in June 1989, the absence of
an industry standard limit on perchloroethylene for drycleaners (then non categorical
industry) in the 1980s, the local limit process was not completed until sometime in 1990
or later.

15
15
16
16
17
17
18
18

Erin Rothman
Sound Earth Strategies
2811 Fairview Ave East, Ste 2000
Seattle, WA 98102

33.

19
19
20
20

Alan Fisco
8817 27th Avenue Northwest
Seattle, WA 98117-3812

Will Testify via Deposition Transcript if not called
by Seattle Times

Mr. Fisco is/was the executive vice president for the Times. Mr. Fisco may testify
regarding the Times’ operational history, purchase and sale and value of the properties at
issue, knowledge of contamination and clean-up actions or inactions and hazardous
materials used by the Times at the Troy Block and at its adjacent properties.

21
21
22
22
23
24
25
26

(c)

On behalf of defendant Touchstone:

1.

Douglas Howe
Touchstone
2025 First Avenue, Suite 1212

PRETRIAL ORDER
2:15-cv-01901-TSZ

Deposition testimony only – primary and potential
rebuttal

- 38 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
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5
5
6
6
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8
9
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10
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12
12
13
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14
14
15
15

Seattle, Washington 98121
Mr. Howe is a former principal at Touchstone. He will testify about the ERIA and its
formation as well as the purchase of the Troy Laundry Property and Touchstone’s
redevelopment plans and efforts. He will testify about the performance of redevelopment
activities at the Troy Laundry Property, the costs Touchstone incurred to investigate and
remediate the Troy Laundry Property, the invoices Touchstone submitted to the Times
for reimbursement under the ERIA, and the additional remedial activities that will need to
be performed on and adjacent to the Troy Laundry Property.
2.

Peter Kingston
Farallon Consulting, LLC
975 5th Avenue Northwest
Issaquah, WA 98121

Will Testify

Mr. Kingston is one of the former project managers for SES regarding Touchstone’s
investigation, remediation, and redevelopment of the Property. He will testify about the
environmental investigation and remediation of the Troy Laundry Property, the
performance of interim remedial activities under the First Amendment to Agreed Order
issued by Ecology, the preparation of documentation related to remedial action costs
incurred during redevelopment, and the overall performance of the remedial activities at
the Troy Laundry Property in compliance with applicable requirements under CERCLA
and MTCA.
3.

16
16
17
17

John Funderburk
SoundEarth Strategies
975 5th Avenue Northwest
Seattle, WA 98102

Will Testify

Mr. Funderburk is one of the project managers for SES regarding Touchstone’s
investigation, remediation, and redevelopment of the Property. He will testify about the
environmental investigation and remediation of the Troy Laundry Property, the
performance of interim remedial activities under the First Amendment to Agreed Order
issued by Ecology, the overall performance of the remedial activities at the Troy Laundry
Property in compliance with applicable requirements under CERCLA and MTCA, and
the additional remedial activities yet to be performed at the Property.

18
18
19
19
20
20
21
21
22
22

4.

Erin Rothman

May Testify in Rebuttal

23

5.

Paul Klansnic
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

Will Testify

24
25
26

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 39 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14

Mr. Klansnic is a Senior Project Manager at Touchstone. He will testify about the
performance of redevelopment activities at the Troy Laundry Property, the costs
Touchstone incurred to investigate and remediate the Troy Laundry Property, the
invoices and documentation that Touchstone submitted to the Times for reimbursement
under the ERIA, and the additional remedial activities that will need to be performed on
and adjacent to the Troy Laundry Property.
6.

7.

17
17
18
18
8.

20
20
21
21

23

26

Will Testify

Maura O’Brien
Washington State Department
of Ecology
3190 160th Ave. S.E.
Bellevue, WA 98008

By Deposition

Ms. O’Brien is the former Ecology Site Manager for the Troy Laundry Property. She will
testify about Ecology’s role in hazardous waste cleanup at the site.

22
22

25

Jim O’Hanlon
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

Mr. O’Hanlon is a former principal at Touchstone. He will testify about the ERIA and its
formation, the purchase of the Troy Laundry Property and Touchstone’s redevelopment
plans and efforts, the performance of redevelopment activities at the Troy Laundry
Property, the costs Touchstone incurred to investigate and remediate the Troy Laundry
Property, and the additional remedial activities that will need to be performed on and
adjacent to the Troy Laundry Property.

16
16

24

Will Testify

Mr. Parry is a former principal and a Senior Project Manager at Touchstone. He will
testify about the ERIA and its formation. He will testify about the negotiations with the
Department of Ecology, the performance of redevelopment activities at the Troy Laundry
Property, the costs Touchstone incurred to the Times for reimbursement under the ERIA,
and the additional remedial activities that will need to be performed on and adjacent to
the Troy Laundry Property.

15
15

19
19

Shawn Parry
Touchstone
2025 First Avenue, Suite 1212
Seattle, Washington 98121

9.

Russ Olsen
Washington State Department
of Ecology
3190 160th Ave. S.E.
Bellevue, WA 98008

PRETRIAL ORDER
2:15-cv-01901-TSZ

Rebuttal Only

- 40 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
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12
12
13
13
14
14

Ms. Olsen is the former Ecology Site Manager for the Troy Laundry Property. He will
testify about Ecology’s role in hazardous waste cleanup at the site.
10.

Robert W. Warren, P.Hg., MBA
Section Manager, Toxics
Cleanup Program
Ecology NW Regional Office
3190 – 160th Ave. S.E.
Bellevue, WA 98008-5452

Deposition Only

Mr. Warren manages Ecology’s Toxics Cleanup Program for the Northwest Region,
which includes the Troy Laundry Property. He will testify about Ecology’s supervision of
cleanup of contamination on, beneath, and adjacent to the Troy Laundry Property.
11.

Shannon Testa
Lease Crutcher Lewis
2200 Western Ave #500
Seattle, WA 98121

Will Testify

Ms. Testa is a project manager with Lease Crutcher Lewis, and served as project manager
for the excavation and redevelopment of the Troy Laundry Property. She will testify
about the performance of redevelopment activities at the Troy Laundry Property, the
costs Touchstone incurred to investigate and remediate the Troy Laundry Property, how
the investigation and remediation work fit with the overall redevelopment, and the
invoices Touchstone submitted to the Times for reimbursement under the ERIA.

15
15
16
16

Defendant Touchstone has presently not identified any witnesses who will be called to

17
17
18
18

testify if necessary to establish authenticity and admissibility of certain records.

19
19
20
20
21
21
22
22

The following witnesses are defendant Touchstone’s “possible witnesses only”:
12.

Terry Montoya, P.E.
Berthin Q. Hyde
SoundEarth Strategies
2811 Fairview Ave. East, Suite 2000
Seattle, WA 98102

23
24
25
26

The above-named individuals may have knowledge of the historical subsurface
environmental conditions, subsurface environmental investigations, subsurface detections
of contamination in soil and groundwater, and remedial activities performed at the Troy
Property. The above-named individuals may also have knowledge regarding the
incurrence, tracking and management of all costs and expenses associated with remedial

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 41 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
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8
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9
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14

activities performed at the Troy Property regarding subsurface soil and groundwater
contamination.
13.

The above-named individuals may have knowledge of the historical subsurface
environmental conditions, subsurface environmental investigations, subsurface detections
of contamination in soil and groundwater, and remedial activities performed at the Troy
Property. The above-named individuals may also have knowledge regarding the review
and analysis performed by the Washington Department of Ecology in the negotiation and
implementation of Agreed Orders, approvals of remedial action plans, and issuance of
written determinations regarding subsurface environmental conditions.
14.

15
15

17
17

19
19
20
20
21
21

Steven Ritt
Martin Brown
Leathercare, Inc.
c/o Jo Flannery
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400
Seattle, WA 98101
The above-named individual(s) may have knowledge of historical operations at the Troy
Property performed by LeatherCare, including but not limited to the use, management,
handling and disposal of hazardous substances such as Stoddard solvent and
perchloroethylene (PCE).

16
16

18
18

Dean Yasuda
Jerome Cruz
Northwest Regional Office – Washington Department of Ecology
3190 160th Ave. S.E.
Bellevue, WA 98008

15.

Steven Wood
Campbell Mathewson
Century Pacific LLP
c/o Jeff Kray
Marten Law PLLC
1191 Second Avenue, Suite 2200
Seattle, WA 98101

22
22
23
24
25

The above-named individuals may have knowledge of historical operations at and around
the Troy Property, the negotiations and finalization of the purchase and sale of the Troy
Property by Touchstone from STC, the negotiation and execution of the ERIA as part of
the purchase and sale of the Troy Property, and remedial activities performed and
remedial action costs incurred by STC prior to the purchase and sale of the Troy Property
by Touchstone from STC.

26

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 42 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
6
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7
8
8
9
9
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12
13
13
14
14

16.

J. Riley Conkin
Peter Jewett
Farallon Consulting, L.L.C.
975 5th Ave NW
Issaquah, WA 98027
The above-named individuals may have knowledge of the historical subsurface
environmental conditions, subsurface environmental investigations, subsurface detections
of contamination in soil and groundwater, and remedial activities performed at the Troy
Property. The above-named individuals may also have knowledge regarding the
incurrence, tracking and management of all costs and expenses associated with remedial
activities performed at the Troy Property regarding subsurface soil and groundwater
contamination.

ACTION BY THE COURT
(a)

This case is scheduled for trial without a jury on January 9, 2018, at 9:00 am PST.

(b)

Trial briefs shall be submitted to the court on or before December 13, 2017.

(c)

The case shall be tried in the following order:

15
15

1.

Seattle Times’ case-in-chief under CERCLA and MTCA;

16
16

2.

LeatherCare’s defenses to Seattle Times’ CERCLA and MTCA claims,

17
17

counterclaims against the Seattle Times under CERCLA and MTCA, and third

18
18

party claims against Touchstone;

19
19

3.

Seattle Times’ rebuttal to LeatherCare’s counterclaims;

20
20

4.

Touchstone’s rebuttal to LeatherCare’s third party claims, Touchstone’s
counterclaims against LeatherCare, and cross-claims against the Seattle Times;

21
21
5.

23
24
25

(d)

Seattle Times’ rebuttal to Touchstone’s cross-claims.

6.

22
22

LeatherCare’s defenses to Touchstone’s counterclaims;

Pursuant to LCR 43(g), the parties request leave to submit voluminous exhibits
electronically.

26

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 43 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
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6
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12
12
13
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14
14

(e)

The parties have agreed on submitting designated testimony from some witnesses via
deposition transcript pursuant to 32(a)(4) and seek the Court’s approval for such use.
Below is a legend showing the colors used for each party’s designations.

LeatherCare designations
Touchstone designations
Seattle Times designations
Designations by more than one party
This order has been approved by the parties as evidenced by the signatures of their
counsel. This order shall control the subsequent course of the action unless modified by a
subsequent order. This order shall not be amended except by order of the court pursuant to
agreement of the parties or to prevent manifest injustice.
DATED this 15th day of December, 2017.

A

15
15

Thomas S. Zilly
United States District Judge

16
16
17
17

FORM APPROVED

18
18

s/ Jeff B. Kray
s/ Jessica K. Ferrell
s/ Bradley M. Marten
Jeff B. Kray, WSBA No. 22174
Jessica K. Ferrell, WSBA No. 36917
Bradley M. Marten, WSBA No. 13582
MARTEN LAW PLLC
1191 Second Avenue, Suite 2200
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

19
19
20
20
21
21
22
22
23
24
25
26

Attorneys for Plaintiff Seattle Times Company

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 44 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)

1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
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12
12
13
13
14
14

s/ Jo Flannery
s/ Kristin Nealey Meier
Jo Flannery, WSBA #26086
Kristin Nealey Meier, WSBA #33562
RYAN SWANSON & CLEVELAND, PLLC
1201 Third Ave Suite 3400
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Touchstone

17
17

s/ Ken Lederman
s/ Alexandra E Kleeman
Ken Lederman, WSBA #26515
Alexandra E. Kleeman, WSBA# 44163
FOSTER PEPPER PLLC
1111 Third Avenue, Suite 3000
Seattle, Washington 98101-3292
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

18
18

Attorneys for Touchstone

15
15
16
16

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20
20
21
21
22
22
23
24
25

s/ Jeremy R. Larson
Jeremy R. Larson, WSBA #22125
DORSEY & WHITNEY LLP
701 Fifth Avenue, Suite 6100
Seattle, Washington 98104-7043
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Third Party Defendants

26

PRETRIAL ORDER
2:15-cv-01901-TSZ

- 45 -

MARTEN LAW PLLC
1191 SECOND AVENUE, SUITE 2200
SEATTLE, WA 98101
206-292-2600; 206-292-2601 (FAX)