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Compel initial request

[Music] you morning Instagram so what we're going to do here is that I see both sides in this pencil oh I understand the arguments being made about why the standard such regarding media might not necessitate be had a discovery being requested I also understand the construction and why given that construction it is correct that the discovery would be necessary so what we're going to do instead is that instead of simply of bifurcating this case we're going to be try for in this case the first issue and I know that mr. Thomas's opening brief is due imminently but I actually believe that this is going to already be encapsulated likely in what you're already working on which is I want this issue about what's the media to be decided first it'll be in essence like a summary judgment motion asking for the proper statutory construction is applied to this case to be determined so this argument about the statutory construction and who is the media that was going back and forth and a motion to compel I believe both sides of good faith arguments it's an interesting issue it's not one that I want you making a ruling on on a one week turnaround motion given that it's potentially dispositive in this case and so mr. Thomas if you want to be viewing your opening brief here as a motion or however you want to style it I think it doesn't really matter what Sheena's but all the current dates are still set what I want to hear from you is why you believe your statutory construction about why this type of media entity counts as media in this context is appropriate under the statutory construction um then I'll hear from mr. Cornelius why he believes his construction is correct and then one of the reply brief and we'll have the hearing of that hearing um one of two things will happen I'll either agree with a plaintiff in which case I'm not going to be ordering that discovery likely am I going to pre-ordained what that ruling would be but that's the likely outcome then or if I agree with mr. Cornelius I will then be ordering most of the discovery but not all of it and we'll cross that bridge when we get there so I think that adequately ways the different considerations it throws a little bit of a curveball at the planet but I believe that your briefing was likely already going to be flushing these issues out given that the motion to compel force this issue already so does that make sense to everyone mr. Thomas yes your honor if I may I have one extra day in order to make the modifications to the open grief this is something that I know you can do Tom explain I guess I agree with you if that's reasonable with it everyone will get bumped one day so you have one of one more day to file what they need to file in this case and all we don't need to write in order for that the record will collect it imal ask the clerk just to put in the minutes that each party gets one more day to file their briefing here so that would be Monday yes if I may just verify real quick just for my own clarification so the first so in the brief that I'm just returning on Monday this court once the issue of why mr. green is media or not media as the first issue first and foremost in that brief and actually it might be helpful for you to lay it out that way to give us some context but I'm not going to be ruling at the end of that this round of briefing whether mr. green is or is not media because of I agree with Pierce County's construction that would necessitate some discovery to see if he satisfies that standard so this is really an intermediate step in terms of what is the standard for media under Washington law obviously in the end we're going to be applying that to mr. green so it will be very helpful I think for you in terms of convincing me to view it through that lens but in the end I'm not going to give a thumbs-up or thumbs-down to mr. green as media what I'm going to be doing is saying this is what the standard is for under the proper statutory construction for media and then the next round is going to be whether or not mr. green is in fact media that might be a moot point if I end up agreeing with the plaintiffs construction of the statute and so maybe we won't need another round if I agree with you but if I agree with the statutory construction that Pierce County has articulated then there will need to be some discovery and the reason why I'm doing it this way which might be a little more complex than necessary as I underground understand mr. greens resistance to turnover highly personal information but obviously Pierce County is a right to defend itself and if this in fact is relevant to these considerations then it's something they're entitled to obtain so I'm trying to weigh both things I want to make mr. green turn over anything unless it's really necessary to resolve this case and before I can decide it's necessary I want to make sure everyone is a full and fair chance to purport their best arguments about that secondary follow-up clarification question this court also want plaintiff to argue that whether there's a violation of the Public Records Act or not in this brief or is that at a later hearing I'm not so I'm not going to be saying whether or not a violation occurred at this point but again I do think in terms of styling your briefing that giving that context of what this case is about it looks like what the violation you believe is is going to be helpful for me to view these issues not in a vacuum mr. president I just clarify so we will both be submitting briefs on Monday actually you're not going to be submitting briefs on Monday so thank you for asking mr. Thomas will be brief submitting an opening brief in essence saying here's a motion that says that I'm right about the statutory construction and what's media um then you'll be providing a response saying no actually here's the right way you should look at this and then you'll have an opportunity for reply and will hash that out at what was to be the merits hearing and now we'll let's say the media issue hearings so I think we keep the same schedule but everybody you guys okay yes thank you okay so that's we're going to be doing looking forward to getting the briefing and interesting issue have a good week thank you your honor anyone else here for my civil motion calendar rather than an unlawful detainer or anything else John Durr okay I am in recess and gonna be rector