A status conference was held on October 21, 2022 before Kitsap County Superior Court Judge Tina Robinson. Attorneys for both Director Daily and the School Board participated via Zoom. Director Daily was an observer on Zoom. Director Berg was an observer in the courtroom and the Judge acknowledged that he was not a party in the lawsuit (in spite of Director Daily's repeated claims that Director Berg was being sued.)
Much of the hearing was occupied with Director Daily's attorney recounting her problems with the County Clerk's office in getting the case properly identified and tracked, as well as her difficulty in getting the proper documents filed with the clerk and communicating with the clerk. The Court agreed that the matter was mis-handled and that it should be properly captioned as an appeal from a school board decision.
The Court stated that the hearing on the matter will not be a trial with witnesses but an administrative hearing based upon the record.
Director Daily's attorney noted that she objected to the School Board's submitted documents as being incomplete and the Board's attorney noted that he wished to submit additional documents. Both parties will be permitted to file additional documents.
Following the submission of the additional documents by both parties, each party will file briefs (legal arguments). Only then will a hearing be scheduled. (The Board's attorney suggested that a hearing date be set first and then the preceding steps could be scheduled back from that date, but the Court declined to set a hearing date.)
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