7 <br />L <br />t. " <br />1'. <br />'both response., briefs with. LUBA. Th relevant ceftifccate:.states :that OMC's <br />H <br />2 <br />response to `Stedman's petition has 5.104'-words. OMC's Nove'rnber 30, 2017 <br />3 <br />filings did nof.nclude the certifcae of "service required by OAR 661 010- <br />4 <br />0075(2)(b),- but were accompanied by a cover letter .indicating, that. the letter <br />= <br />5.. <br />and its enclosures were. copied to petitioners and Stedrrian <br />. . <br />b ' <br />_ <br />On December .4, 2017, Stedman filed a: .','Motion , to - Not Consider <br />t <br />7 <br />[OMC'.s]• Response ;Brief and. Not. -:All'ow :Oral Arguments. Based on that <br />G . <br />8 <br />Response ,Brief;" arguing that because Stedman had, not yet received the service <br />a <br />x <br />` <br />9 . <br />: <br />copy of the certificate of compliance and there was no indication it was ever <br />. <br />10 ' <br />- served' as required by the Board'. s. November 28- 2017 . order,:. the necessary <br />11 <br />consequence is. that the Board must strike OMC's response brief and not. allow' <br />.12 . <br />OMC to make oral argument, sched'Wed.for December 5, 2017.. <br />4 <br />13 <br />On December 8, 2017, Stedman filed an tamended motion, accompanied. <br />14 ; <br />by a motion to cake evidence,. requesting, that LUBA consider the aff davits. of <br />1.5 <br />Stedman and petitioner Conte-. and aii, e-mail between Conte and. the .city <br />k <br />16 <br />attorney, to demonstrate that. Stedman, : Conte, and the city attorney. had not <br />I . <br />received the Stedman. certificate of compliance. The affidavits. state Stedman's <br />18 <br />and Conte's .beliefs that in'fact OMC.had, not placed the certificate in the mail' <br />" 19 <br />and thus. had not "served" the other parties: as required under LUBA's rules and <br />20 <br />our November., 28,2017 order. On December: 143 2017;,.OMC fled aresponse <br />i <br />It <br />to: Stedman's- original and amended motion On December 21;. 2017,. Stedman <br />22.. <br />`filed :a..reply complaining that OMC's November 30, .2017 .filing t was, not... <br />Page 12 <br />. <br />i <br />