After months of what appeared to be a stalemate, a lawsuit filed by Pacific Seafood against the Port of Peninsula appears to be moving once again. A motion to compel discovery responses was filed on April 18.

The lawsuit has seen little progress over the past year through the Pacific County Superior Court, with most of the action happening outside the courtroom. The last major development was on April 19, 2024, when a temporary injunction was approved that ran through May 31, 2024.

According to court records, the port’s motion to compel discovery responses filed by attorneys Jeffrey S. Myers and Jakub L. Kocztorz of Law, Lyman, Daniel, Kamerrer & Bogdanovich P.S., alleges that Pacific Seafood has dodged providing relevant responses for “486 days.”

“Despite sweeping allegations in the complaint, Plaintiff has produced precious few documents in discovery, and their interrogatory responses are vague and evasive, transforming this litigation into a blindman’s bluff,” Myers and Kocztorz stated in the motion.

The motion alleges that Pacific Seafood’s response thus far has been “grossly deficient.”

“Further, Plaintiff’s responses are often conclusory and non, or only partially, responsive to the interrogatory or request for production,” Myers and Kocztorz stated in the motion.

“The Plaintiff’s responses make empty promises to supplement which have not been fulfilled or claims that responsive records are produced therein when none or too few have been,” Myers and Kocztorz allege.

The motion to compel outlined 44 interrogatories at issue, including witness identification, a lack of documents to substantiate claims of damages, proof of third-party public record violation claims and the authority to act on their behalf, and allegations that the Port has violated laws.

Additionally, the motion includes 46 production requests, including “financial books and records necessary to evaluate plaintiff’s allegation of damages.”

The two sides were initially scheduled to appear for a motion to compel hearing on April 25, but Pacific Seafood’s legal counsel was unavailable due to other obligations. Pacific Seafood’s legal team has not yet responded to the motion.

The hearing has been reset for May 2.