tocconnect.s3.amazonaws.com/wp-content/uploads/2014/04/beckett-… · on february 26, 2014,...

I

I

13

l4

15

t6

t'7

18

t9

20

2l

22

z5

24

25

26

1r

BECKETT MEDIA, LLC,

Plaintifl

vs.

CHECKOUTMY,LLC,

1441(B) (Diversity): Case No

PD)(\l25330\t94077\RWD\13477147.2

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON

Case No

NOTICE OF REMOVAL PURSUANT TO28 U.S.C. $ l44l(B) (DTVERSTTY)

SCIII/VABE, W¡LLIAMSON A WYATT, P.Catlôrñèvs åt fãwu.S. Baâk cenrrê

1420 slh Avenue, Suite 3400sêâdls, wA 98101-4010Telephone: 206 622,171 1

Defendant.

TO: The Clerk of the Court

AND TO: Plaintiff Beckett Media, LLC and its counsel of record, Al Van Kampen andDavid E. Crowe of Rohde & Van Kampen PLLC

Defendant Check Out My, LLC hereby gives notice of the removal of the above-

captioned action from the Superior Court of the State of Washington for the Cor.rnty of King,

where it is currently pending, to the United States District Court for the Westem Dishict of

Washington, Seattle Division, pursuant to 28 U.S.C. $$ 1331, 1367, 1441, and 1446.

BACKGROUND

1. On February 26, 2014, Plaintiff Beckett Media LLC commenced an action in

the Superior Court ofthe State of Washington for the County of King, a state court of general

jurisdiction. The action is entttled Beckett Media LLC v. Check Out My,IZÇ Cause No. 14-

2-06258-3 SEA.

NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. $

-l

Case 2:14-cv-00462 Document 1 Filed 03/28/14 of 20

I

2

J

4

5

6

7

8

9

10

11

T2

13

l4

15

t6

17

18

19

20

2l

22

23

24

25

26

2. This Court has original jurisdiction over the action under 28 U.S.C. $ l33l

because it is a civil action arising under the laws of the United States. Furthermore, this

Court has supplemental jurisdiction over all claims that are so related to the claims within

this Court's original jurisdiction that they form part of the same case or controversy under

Article III of the United States Constitution. 28 U.S.C. $ 1367(a).

3. Defendant Check Out My, LLC now removes the action to this Court

pursuant to 28 U.S.C. $ 1441.

PROCEDURAL RT,QUIREMENTS FOR REMOVAL

4. A defendant desiring to remove a civil action from state court may do so by

filing a notice of removal in the Dishict Court of the United States for the district and

division where the action is pending within thirty days of receiving the plaintifPs initial

pleadhg. 28 U.S.C. $ laa6(a), (b).

5. Defendant accepted service of Plaintiff s Summons and Complaint on March

3,2014. Removal is timely because less than thjrty days have passed since Defendant

received the initial pleading.

6. The United States District Court for the Westem District of Washington,

Seattle Division, is the federal judicial district and division encompassing the Superior Court

of the State of Washington for the County of King. 28 U.S.C. $ 128(b).

7. Pwsuant to 28 U.S.C. $ la46(a), Defendant has attached to this Notice of

Removal a copy of all process, pleadings, and orders served upon it as Exhibit A.

8. Pursuant to 28 U.S.C. $ 1446(d), Defendant will promptly give written notice

to Plaintiff Beckett Media LLC a¡d file a copy of this Notice of Removal with the Superior

Court of the State of Washington for the County of King.

NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. $SCIII/VABE, W|LLIAIIISON & WYATT, P C

Attomê!€ at LãwU S, Bank Cenlrê

1420 5th Avênu6, Sufte 3400seanlê, wa 9s101-4010TeleÞhonê: 206.622.171 1

l44l(B) @iversity): Case No. 1


1

2

3

4

5

6

7

I9

10

11

12

13

I4

15

I6

t7

18

19

20

2t

22

23

24

25

26

JURISDICTION

9. This Corut has original jurisdiction over the action pursuant to 28 U.S.C. $

1331 because it is a civil action arising under the laws of the United States.

10. Plaintifls Complaint is necessarily federal in character as a copl'right dispute.

,S¿¿ 17 U.S.C. $ 301 et seq.;15 U.S.C. $ l05l er seq. See also Metropolitan Life Ins. Co. v.

Taylor, 481 U.S. 58, 6246, 107 S. Ct. 1542,95 L. Ed. 2d 55 (1987).

11. To the extent additional claims have been alleged under the laws ofthe State

of Washington, this Court has supplemental jurisdiction over these claims pursuant to 28

U.S.C. $ 1367 because the statelaw claims are so related that they form part of the same case

or controversy.

12. Because this Court has original federal question jurisdiction over the action

and because Defendant has satisfied the procedural requirements for removal, this action

must be removed. No other party's consent is required for removal as Check Out My, LLC

is the sole defendant.

WHEREFORE, notice of removal of this action is hereby given.

Dated this 28th day of March,2Ùl4.

SCHWABE, WLLIAMSON & WYATT, P.C.

NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. $

By

1441(B) @iversity): Case No.

PDX\125330\19407?\RWD\13477147.2

SCHIVABE, WjLLIAMSON & IVYATÍ, P CAllom€ys at LâwU.S. Bãnk Centrc

1420 sth Avenue, Suite 3400Sêåtlê, WA 98101{010Telephone: 206.622.171 1

-3


EXHIBIT A

EXHIBIT A


3

4

5

6

7

It0

I

2

ll12

l3

l4

t5

t6

t7

¡8

t9

20

2t

22

23

24

25

IN TI{E SI.IPERJOR COIJRT OF TTIE STATE OF WASHINGTONTNAND FORKING COI,JNTY

BECKEÏT MEDIA LLC,

CHECKOUTMY,LLC,

NO. 14.2-06258-3 SEAPlaintiff,

SUMMONS

Defendant.

TO DEFENDANT CHECK OUT MY, LLC: A lawsuit bas been started against

you in the abovc cntitled court by Becken Media LLC, plaintiff. Plaintiffs claim is

stated in the ìrydtten complaint, a copy of which is sewed upon you with this sum¡nons.

In order to defend agaimt this lawsuit, you must respond to the complaint by

stating your defense in ì{,riting, and by serving a copy upon the person signing this

summons within 20 days afrer the service of tl¡is summons, excluding lhe day of

sewice, or a defaultjudgnent may be entered egainst you without ootice. A default

judgment is one where plaintiff is entitled to what she asks for because you have not

respontled. Ifyou serve a notice ofappearance on the undersigned person" you are

entitled to notice before a defaultjudgment may be entered.

You may demand thar the plaintiff file this lawsuit with the court. If you do so,

the demand must be in writing and must be senred upon the person signing this

ROHI,E &VAN KAMPEN ru¡l(!)l Fdüth ÀtaùrÊ, Sr¡itÊ 40tOS.¡ütê, W¡$i¡gEn gtt J+10(þ

c2()6) 38É'3f,


I.,

3

4

5

6

7

8

9

l0

ll

12

l3

t4

t5

ló

l7

l8

t9

20

2l

))

21

24

25

Within 14 days after you sewe the demand, the plaintiffmust file this lawsuit

with the cou¡t, or the service on you of this sum¡nons and complaint will be void.

Ifyou wish to seek the advice ofan attomey in lhis maüer, you should do so

so lhat your writüen response, ifany, may be served on time.

This summons is issued purzuant to Rule 4 ofthe Superior Court Civil Rules of

State of Washington.

DATED ùis 28'h day of February,2014.

David McKenzieSANDS ANDERSoN PC4l0l Lake Boone Trl Ste 100

Raleigtu North Carolina 27607-7506Phone: 919-7064200; Facsimile: 9 19-287 -2822

ROSDE &VAN KAISEN PLLC

David Crowe, WSBA No.43529Attomeys for Beckett Media LLC

ROHDE & VAN KÁMPEN ru¡læl 8o{Íñ Avanc, Su'1r4(Ì'0s.sdê, lvdrhthr 9û15{-10{x)

(r$) !8ê7Jt3Summons - 2


Ia

J

4

5

6

8

9

10

llt2

13

t4

15

t6

t7

18

t9

20

2t

)t

23

24

25

FILED'14 FEB 26 PM 4117

KING COUNTYSUPERIOR COURT CLERK

E-FILEDCASE NUMBER: 14-2-06258-3

IN TIIE SUPERIOR COURT OF TTIE STATE OF WASHINGTONINAND FORKING COIJNTY

BECKETTMEDIALLC,

v.

CHECK OUTMY, LLC,

Plaintiff,

COMPLAINT

Defendant.

Preliminary Ststement

1. Beckett Media LLC ("Beckett') brings this action to protect its

proprietary pricing systems and processes that operate as a global NASDAQJike

valuation listing for sports memorabilia.

2. In March 2013, Check Out My, LLC ('COMC') caused Beckett to

temporarily license its database pursuant to a written license agreement. Exhibit l. That

license agreement explicitly prohibited COMC from using its proprietary data and

copyrightablo matsrials, including "checklist and pricing data"" in any "other manner"

or on any "other sile or printed material" other than as allowed by the license

agreement.

NO.

ROTIDE & VAN I(AMIEN pu¡l00t Foùrth Äve¡ue. Sui0e 4050Se¿tlo, Wås¡i¡gton 981 5+1000

Q06\3861353


I

2

3

4

5

6

7

II

l0

llL2

l3

t4

t5

16

77

18

t9

20

2t

22

23

24

25

3. Notwithstanding the parties' agreement, in or around Janu ary 2014,

COMC announced in a press release that it would immediately compete directly against

Beckett.

4. Without access to Beckett's database, COMC ca¡not develop the content

media and pricing systems in order to compete with Beckeff.

5, Beokett brings this action to prevent COMC from using iæ database,

pficing systems and processes to develop its competing product. Accordingly, aaong

other things, Beokett requests that COMC be preliminarily and permanently enjoined

from corunercially exploiting the foregoing intellectual property.

PARTMS

6. Beckett is a company organized under thè laws of the State of Delaware.

Its prinoipal place ofbusiness is Dallas, Texas.

7 . COMC is a company organized under the laws of the State of

\ffashington. Its principal place of business is Redmond, Washington.

8. Venue is Proper in King County.

FACTS

9. COMC offers a consignment platform to sell sports memorabilia online.

A seller sends COMC an item like a baseball card; COMC identifies the card with

Beckett data and conteût media, soans the card, and then adds it to COMC's online

inventory. Aftet the card is in the seller's inventory, the seller then sees "Beckett

Value" ("BV') and uses that to price the card. COMC holds the card until there is a

sale and keeps the proceeds of any sale on account, COMC lists the card on its own

website or on its Amazon.com storefront, Historically, and to this day, Beckett is in tho

middle of this transaction.

10. Beckett assigns a market value to every item in COMC's invartory.

COMC does not have an item that Beckett does not (or could not) value.

ROHDE & VAN KAMPEN ru-cl00l FouÍh .Àv€nuÊ, Suite 4050Sça$le, Wqshilgtdr98l 5+1000

(20ó) 386-7353Complaint - 2


1

2

3

4

5

6

7

I9

10

l1

t2

l3

l4

l5

t6

t7

18

19

20

27

22

2!

24

25

I l. Beckett is the only recognized publisher in the world that values sports

memorabilia, It is both a servioe and content media publisher. It is as trusted and

equivalent to the Kelley Blue Book ("KBB").

12. Beckett's pricing (r'.e., valuation) is commonly known as "Beckett Value"

or'BV' or even "Book Value." Beckett's pricing process are not generally known; are

subject to a reasonable guard of secrecy; (re competitively valuable information to

other businesses and/or competitors; are tlre result of significant effort and money

expended to develop; and are not subject to ready duplication or reverse engineering.

Beckett's prioing prooesses are hade secrets.

13 . Like the KBB, Beckett authors many editions of its magazines, books,

online publications and much more to reflect market changes for sports memorabilia.

In a given year, Beckett authors, prints, and distributes no fewer than 60 monthly

publications plus no fewer than fle annual price guides. Online, Beckett continually

updates and edits its publications.

14. No matter the medium or editior¡ Beckett establishes or adjusts a given

item's "B\P' using its proprietary trade secret systems and processes.

15. As with auto transactions and the KBB, "BV" anchors the price of a

sports memorabilia ftansaction. After COMC identifies an item using Beckett's

'iChecklist" data, discussed ínfra, COMC uploads the item to a seller's onlino inventory

ando then, the seller sees Beckett's "Pricing Data," or Beokett Value (i.e., "BV"), and

uses that to set a price. COMC's sellers frequently pin an offer price to BV or,

altematively, set a price that reasonably resembles BV. Buyers, on the other hand,

tender offers after consulting BV. Beckett's Checklist and Pricing Data, both in print

and online and in the seller's COMC inventory, drive and enable the transactíon,

16. COMC initially stole Beckett data by "scraping" its copyrightable content

- that is, its Checktists and Pricing Data - from Beçkett.com. Eventually, COMC

ROIIDI & VAN KAMPEN pu.c1001 FourÍl Av€nue, Suitc 4050SÊrttlg Woshington 98 154-l 000

(20o 386.7353Complaint - 3


1

2

3

4

5

6

7

I9

10

11

12

13

14

t5

l6

17

l8

19

20

27

22

23

24

25

entered several licensing agreements that allowed COMC to use Beckett's Checklist

Dat4 which enabled COMC to arrange its inventory corherenfly, as well as Beckett's

Pricing Data, which enabled COMC oustomers to set purchase prices using BV.

I7. By COMC's own words, Beckett's content media and pricing services

have, "since day one," allowed COMC "to have extremely fast growth, growing from

literalfy nothing to now being the second largest market place for sports cards singles,

behind obviously eBay."r

18. The final 2013 agreementwas a "Data License Agreement" ('DLA") that

allowed COMC to "gþ!gþ Checklist and Pricing Data from Beckett.com for ry only

on www,comc.com." DLA'I[ 6. Epigraphically, "Checklist and Prioing Data" includes:

ear | \aw_Cgr{ Co4ditional PricingSet narne I Graded Card PricingPlayer(s)Teamls)ManufacturerBrandCard AttributesPrint Run

19. Obt¿ining and Usine the Data. The finat agreement allowed COMC to

obtain the foregoing data, Though the DLA is silent on how COMC was to obtain

Bookett's data, COMC, beginning in Summer 2013, used an application-programing

interface ("API") to scrape the data from www.beckett.com. COMC was limited to

using the data on its website and Amazon.com storefront. This "Checklist and Pricing

data" referenced above, [may] not to be used in any other manner, on any other site or

printed material other than" on COMC's own site and Amazon.com storefront.

20. An API enables two databases (or websites) to communicate. It fu a tool

to scrape or share information or data.

,See http ://www.youtube.com/watch?rr-QX0cVQ ZJ(:øCY

ROHDE & VÀN KAMPEN pu.c1001 Fourtt Av€nue, Suite4050Se.dttlç, Washhgtor 98154-1 000

Q06) 386-1X53Complaint - 4


1

2

J

4

5

6

7

I9

10

11

t2

t3

I4

15

t6

17

18

19

20

2t

)7

23

24

25

21. As recently as December 2013, COMC used an API to take and store

Beckett's entire database. To be cleaq COMC cunently possess Beckett's database.

22. In December 2013, Beckett elected to discontinue any and all access to its

"Checklist and Pricing data ûom Beckett,comn" including API access. Likewise, it

elected to discontinue allowing any party to use Beckett's Checklists and Pricing Data

on any other site other than www.beckett.com. Accessing and using Beckett's data

required being a beckett.com customer.

23 . Paragraph I 0 of the DLA allows either party to úerminate the Agreement

for "good cause." DLA lT10(b) deñnes "good causo" as "Beckett's discontinuation of

any ofthe services set forth in this Agteement."

24. On 6 December 2013, Beckett terminated tho final agreoment and

requested that COMC "remove all fBeckett] data from [COMC's] site immediately."

COMC responded by stating that Beckett's termination was invalid.

25. On 13 December 2013, Beckett again informed COMC that the service it

had provided COMC was discontinued and that the agreement was tenninated.

26. COMC recently announced that it would create and display content that

competes directly with Beckett content. Notably, it a¡nounced that it will be replacing

Beckett's content media and intellectual property with its "new catalogue" and "new

price guide" or "suggested Iist prioe."

27 . COMC readily acknowledges that duplicating Beckett's intellectual

property - its hade secrets- is a "very daunting task . . , it is a large amount of work to

go recreate all the data," even though Beckett's data and content media cannot be

legally "recreated,"2

2 See hwpl lwww.youtube.coÍr./watch?v:QX0cVQãftCY.

Complaint - 5

ROHDE ¡ VAltl KAMPDN n rcl00l fouflh Avetru€, Sui¡e 4050Seffile, Washington 98154-1000

(206) 386-73s3


1

2

J

4

5

6

7

8

9

10

22

23

24

t<

11

12

13

14

15

t6

l7

18

t9

20

2l

28. COMC claims that it intends to oreate its competing content based on o'the

sales data from our website."3 But COMC's announcement is higbly suspect because

Beckett's database contains millions of rows of data and millions upon millions of

pieoes of data within those rows. The data contained in the Beckett database span

several decades. According to a videorecording displayed on its website, COMC

acknowledges that creating its own pricing content is going to bo a "massive amount of

work," yet it is in possession ofthe very item, the Becken dat¿base, to free ride and

avoid this "massive amount of worlC'by again scraping or stealing Beckett's dafa,

database, and proprietary pricing processos that establish pricing ("8\f').

29. Because it is in possession of the databaseo COMC is in the position to,

and likely will, misappropriate millions of lines of valuable data that contain Beckett's

trade secrets.

COUNT IMisappropriation of Trade Secrets

Beckett repleads the foregoing paragraphs.

On information and belief, COMC is now stealing secret and valuable

processes embedded in Beckett's database to oreate a competing product when doing so

is neither conhaotually permissible or legally permissible under Washington law.

32. COMC is incapable of building a similar pricing process from its own

sales data. Any process COMC could or would build would likewise be similar to or

derivative of Beckett's pricing þrocess.

33. Beckett has at all times taken reasonablê and appropriate steps to maintain

the secrecy of its pricing processos and systems, including, but not limited, forbidding

contract partners from using Beckett's database and pricing information in "any other

way" or on any "other site or printed material[.]"

ROIIDE c VÂN K.AMPEN ¿r¡1001 Fourth Aveflue, suife 4050SeåÍlq WÈshington 98154-1000

(20ó) 38C7353

30.

31.

3 S e e httpl lwww.youtube.com/watch?v=QX0cVQZKaCY.


I

j

3

4

5

6

7

I9

10

1t

t2

13

l4

15

16

t7

18

19

20

2t,,7

23

24

25

34. In addition to tho proteotions contained in its license agreement with

COMC and other clients, Beckett's database is password protooted and its algorithms

and know how are known to no entity or perÁon outside Beckett Media LLC.

35. The commercial value of Beckett's pricing systems is demonshated by its

worldwide respectâbility in sports memorabilia valuation; COMC's own use of

Beckett's systems that enabled it "to have extremely fast gro*'th"; and the fact that

hundreds ofthousands throughout the world purchase Beckett content media -magazines, books, etc, - that is enabled by Beckett's exhemely secrstive pricing

plocesses.

36. Beckett's pricing processes are neither generally known or readily

ascertainable to Beckett's competitors. COMC, however, has Beokett's database as well

as incentive to misappropriate the tade secrets that lie within Beckett's database.

COMC has already shorvn a willingness to steal Beckett data and content by "scraping"

its content from Beckett websites.

37 , On information and belief, COMC has misappropriated, misused, and

disclosed and/or int€nds to disclose Beckett's seoret pricing systems and processes in

order to gain, or permit others to gain" an unfair advantage over Beckett.

38. On information and belief, COMC will continue to misappropriate,

misuse and disclose Beckett's secret pricing systems and processes unless COMC is

enjoined from doing so.

39, COMC's misappropriation, misuse, and threatened and/or actual

disclosure of Beckett's secret pricing systems and processes has and will ineparably

injure Beckett as COMC is, on information and belief, now creating a competing

product with Beckett's own intellectual property. The inhoduction of any competing

product or pricing process will continue to irropæably injure Beckett.

40. Beckett has no adequate remedy at law.

ROHDE &VAI¡IKAMPENpncl00l Fourth Ave¡uc, Su¡üe 4050Seatlq Wsshington 9815+I000

(206) 38ó.7359Complaint - 7


I

2

3

4

5

6

7

I9

l0

11

t2

11

t4

15

16

t7

18

19

20

27

22

23

24

25

41. Under the Washington Uniform Trade Secrets Act, RCW 19.108.020,

Beckett is entitled to an injunotion prohibifing COMC from actual or threatened misuse,

misappropriation, or disclosure ofBeckett? s hade secrets, and requiring COMC to take

all measures possible to correct the damage caused by wrongful misuse,

misappropriation, and disclosure ofBeckett's secret pricing systems and processes.

REQT'EST FORRELIEÍ'

Plaintiffrequests the Court grært the following relief:

A. Award of a monetary judgment against the defendant for such amount as

may be proven at trial;

B. For provisional remedies, including i4iunctive relief, pursuant to RCW

7.044.080 and 19.108.020;

C. Award of injunctive relief prohibiting defendants from continuing their

illegal conduct;D. Award ofprejudgment and post-judgment inærest;

E. Award of attorney fees and costs recoverable pursuant to conhact, court

rule, common law, and/or stafute; and

F, Such other and fi.¡rther relief as the Court deems just and equitable.

DATED this 26th day of February,2014.

OfCounsel:SANDS ANDERSONPC4101 Lake Boone Tr1. Ste. 100Raleigh, North C arc1na27607Tel: (979)706-4200Fax:. (919)287-2822David McKenzieNorth Carolina Bar No. 36376

ROHDE 8¿ VAN KAMPEN pur

David Crowe, WSBA No. 43529Attomeys for Beckett Media LLC

ROHDE cVAN KAMPENpT¡l00l Fourrì Avenug Sù¡te 4050seanle, wðhington 98154-1000

(206) 3tó-73s3Complaint - I


FILED'14 FEB 26 PM 4i'17

KING COUNTYSUPERIOR COURT CLERK

E-FILED

CASE NUMBER: 14-2-06258-3 SEA

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

BECKETT MEDIA LLC

vs.

CIIECK OUT MY, LLC

No. 14-2-06258-3 SEAORDER SETTING CML CASE SCHEDULE

ASSIG.{ED JUDGE: Speam}arL Mariane C., oept. 53

FILED DATE 2I26DOI4TRIAL DATB 4I2ODOI5SCOMIS CODE *ORSCS

Plaintiff(s),

Respondent(s)

A civil case has been filed in the King C-ounty Superior Court and will be managed by the Case Schedule on Page 3 as

o¡de¡ed by the King County Superior Court Presiding Judge.

L NOTICES

NOTICE TO PLAINTIFF: The Plaintitr may scrvea copy ofthis Order Setting Case Scheù¡le (,Scåedíle) ontheDefendant(s) along with tbe Sumrrrorrs ønd Compløíttl/Petili¿rr. OtheMise, the Plaintiff shall serue the Schedule ontheDefendant(s) within 10 days aÍìer the later of: (l) the filing of the Sunarcns ønd Conplsint/Peliliott o¡(2) seryice ofthe Defendant's first response to the Cohp ls¡nt/Pet¡tio n,whelher that response is a No lice oÍAppeørunce, a response,o¡ a Civil Rule 12 (CR 12) rnction. The .9c¿edzle may be sewed by regular mail, with proofofmailing to be filedpronrptly in the form required by Civil Rule 5 (CR 5).

'rI und€rstand that I am requir€d to gi.trc a copy of these documents to all parti€s in this câse.r'

PRINT NAME SIGT NAME


L NOTICES (continued)

NOTICD TO ALL PARTIES:All attomeys and pa¡ties should make theffselves familiar with the King County I¡cal Rules [KCZCR] - especiallythose refered to in this Schedule,In order to comply wrth the Schedule, it will be necessary for attomeys and parties topursuetheir cases vigorously from the day the case is filed. For ennple, discoverymust be unde¡taken promptly inorder to coÍply with the deadlines for joining additional parties, claims, and defenses, for disclosing possiblewitnesses

[See KCLCR 261, aîd for ûìeeting the discovery cutofdate [See KCLCR j7(g)l-

CROSSCI,AIMS, COIJNTM,CLAIMS AND THIRD PARTY COMPLAINTS :

A filing fee of$240must bepaid when any answer that iocludes additional claims is filed in an existing case.

KCI-CR a.2(a)(2)A Confirmation of Joinder, Clairns and Defens es or a Statement of Aúitrability must be filed by the deadline in theschedule. .The court will review the confmation of joinde¡ document to dete¡mine if a hearing is requi¡ed. IfaShowCause order is issued,all parties cited in the o¡de¡Ímst appearbefore their Chief Civl Judge.

PE,IDING DIJE DATES CANCELED BY FILING PAPERS TIIAT RESOLVE TIIE CASEWhen a final deqee, judgment, o¡ order of dismis sal of all parties and claims is filed with the Superior C¡urt ClerlCs

Office, and a courtesy copy delivered to the assignedjudge, all pending due dates in lhis Schedule arc avtomaticallycanceled, including the scheduled Trial Date. It is the rcsponsibility ofthe pafiies to l) file such dispositive documentswithin 45 days ofthe resolution ofthe case, and 2) stuike any pending motions by notifying thebailiff to the assignedjudge.

Pafties may also authorize the Superior C-ourt to stfüe all pending due dates and the Trial Date by filing a Notice oÍSettlenent pursvantto KCrcR 41, and fonÀ?rding a couftesy copy to the as s ignedjudge. If a final decree, judgment ororder of dismissal ofall oarties and claims is notfiled by 45 days after aNoÍice of Settlement,Ihe casenay bedismissedwith notice.

If you miss your scheduled Tfial Date, the Superior C-ourt Clerk is authorized by KCIIR 4l(bX2XA) to present anOrder of D¡sm¡ssql, \\ithout notice, for failure to appear at the scheduled T¡ial Date.

NOTICES OF APPEAR.{NCE OR WIII]DRAWAL AND ADDRTSS CHANGES:All partíes to thís aclion Must keep the coutl ¡nformed of their addresses. When a Notice ofAppearance/WithdrawalorNotice ofChange ofAdd¡css is filed with the Supedor Couñ ClerlCs Office, paÍies must provide the assignedjudgewith a couftesy copy.

ARBITRATION FILING AI\D TRIAL DE NOVO POST ARBITRATION FM:A Statement ofAùitrability mustbe filed by thedeadline on theschedule ifthe case is subject to mandatoryarlitration and service ofthe original conplaint andall answe¡s to clairns, counterclaims and cros s -claims have beenfiled. If mandatory arbitration is required after the deadline, parties must obtain an order ûom the assigned judgetÉnsfening thecaseto arbitration. Any party filing a St¿tement must pay a $220 arbitration fee. lfa party seeks a

t¡ial de novo when an aúiû¿tion award is appealed, a fee of$250 and the request for trial de novo must be filed with theClerk's Ofüce Cashie¡s.

NOTICE OF NON.COMPLIANCE FEaS:All parties will be assessed a fee authorized by King County Code 4A,630.020 wheneve¡ the Superior Court Clerk mustsendnotice ofnon-compliance of schedule requirements and/orl¡cal Civil Rule 41.

King County Local Rules are avâilable for viewing at


IL CASE SCHFÐIJLE

IIL ORDR

Pu¡suantto King C.ounty Local R.¿le 4IKCLCR 4\,IT IS ORDERED thatthe parties shall comply with theschedulelisted above. Penalties, including but not limited to s anctions set forth in local Rule 4{g) and Rule 37 ofthe SuperiorCou¡t Ovil Rules, nøy be iÍposed for non-compJiance. It is FURIHER ORDERED thatthe party filing this action

4gsl! serve this Order Setting Civil Case Schedule and atfachment on all other paties.

-¿*.yc"g-"<DArED: 2D612014

DEADLINE to file C-onfirmation ofJoinder ifnotsubiectto

DEADLIND fo¡ Hea.¡ins Motions to Chanee Case AssienmentArea. ISee KCICRfor l)isclosu¡e ofPossible Primaw V/itnesses [S¿¿,KC¿CR

ofPossible Additional Witnesses l9¿e ì(C¿CR

DEADLINE for Setting Motion for a Change in Trial Date [See KCI-CR 40(e)@.

Witness & Eihibit Lists &

DEADLINE for liling Trial Briefs, P¡oposed Findings


IV. ORDR ON CIIIL PROCEH)INGS FOR ASSIGNMENT TO JTIDGE

READ TIIIS ORDER BEF'ORE CONTACTING YOIJR ASSIGNH) JIJDGEThis case is assigned to the Superior C-:ourt Judge whose name appears in the caption of this case s chedr¡le. Theassigned Superior Coud Judge will pres ide over and manage this case fo¡ all prcûial mattels.

COMPLD( LITIGÄTION: If you anticipate an unusually conplex or lengthy trial, please notify the assigned cou¡tas soonas possible.

APPLICABLE RIILES: Þ<cept as specifically modified below, all the provisions ofKing C.ounty l-ocal Civil Rules 4through 26 shall apply to theprocessing ofcivil cases befo¡e Supedor CouIt Judges. The local civil rules can be foundãl

CASE SCHEDIJLE AND REQUIREMENTS: Deadlines are setby thecase sahedule, iss ued pursuant to Local CivilRule 4.

TIIE PARTIES ARE RTSPONSIBLE FOR KNOWING AND COMPLYING WITI{ ALL DEADLINESIMPOSÐ BY TIIE COIJRT'S LOCAL CIVIL RIJLES.Á.. Joint Confirmation regarding Trial Readiness Report:

No late¡ than twenty one (21) days before the trial date, pafiies shall complete and file (with a copy to the assignedjudge) a joint confi¡mation report setting forth whether a jury demand has been filed, the expected duntion ofthe trial,whether a s ettleÍÌent confercnce has been held, and special problems and needs (e.g. interpreters, equipment, etc.).

The form is available at If parties wish to requesta CR 16

conference, they must contact the as s igned cou¡t. Plaintiffs/petitioner's counselis responsiblefor contactingthe otherparties regarding said report.

B. S ettlement/Medi ation/ADRa, Forty five (45) days before thetrial date, counselfor plaintiflpetitione¡ shal1 submit a lwitten settlementdemand. Ten (10) days afrer receiving plaintifPs/petitioner's udtten demand, counselfor defendanVrespondent shall

respond (with a counter ofer, if appropriate).

b. Twenty eight (28) days beforc the trial date, a Settlement/Mediation/ADR confe¡ence shall havç been

held. FAILURE TO COMPLY WITH THIS SEITIÆMENT CONFERENCE REQUREMENT MAY RESIILT INSANCTIONS.

C. Trial: Trial is scheduled for 9;00 a.rl on the date on the cas e s chedule or as soon thereafter as convened by thecouÍ. The Friday before trial, the parties should access the King C-ounty Superior C-ouf vr'ebsite

http://ù.ww.l<in qco unty.eov/courts/s uperiorcouÍ.aspx to confirm triat judge assignment. InfoÍnation ca¡ also be

obtained by calling Q06) 205-5984.

MOTIONS PROCTDURESÀ. Noting of MotionsDispositir€ l\{otiotrs: All suûìmary judgmen0 or other dispos itive motions Ìvill beheard with oÉl argument before theassignedjudge. The moving paúy Ínrst a¡ra¡ge with the hearingjudge a dateand time for thehearing, consistentwiththe çouft rules, I¡cal Civl Rule 7 and l,ocal Civil Rule 56 govem procedures for sunrnary judgrrcnt or other notionsthat dispos e ofthe çasein whole orin pat. The local civil rules can be found at

Non-dispositi\æ Motions: These r¡rotions, which include dis covery motions, will be ruled on by the assigned judgewithout oral argùrnent, unless otherwise ordered. All such ¡notions Írrrst be noted for a date by which the ruling is

requested;this datemust likewise confolm to theapplicable notice requireûrents. Rather than noting a tine ofday, theNote for Motion should state "Without Oral Argument." I¡cal Civil Rule T govems these Í[tions, which includediscovery motions. The local civil ¡ules ca¡ be foundat


Motions in Family Lâw Cases not in\olving chilùen: Discovery notions to conÌpel, Íntions in limine, notionsrelating to trial dates andûptions to vacatejudgments/dismissals shall be broughtbefore the assignedjudge. All otherrnotions should be noted and heard on the Family l¿w Motions calendar. l¡cal Civil Rule 7 aad King Crunty FamilyI¿w l¡cal Rules govem thes e procedures. The local rules can befound at

Þnergency Motions: Under the court's local civil rules, emergency Írotions will be allowed only upon entry of anOrder Shortening Time. However, emergency discovery disputes rnay be addressed by telephone call andwithoutwritten rnorjon, if the judge appncves.

B. Original Documenß/Working Co¡ries/ Flling of Documents: All original documents must be filed with theClerk's Ofüc€. Please see information on the Cle¡k's Ofûce website at !A¡I&ki4g!9!q!y=go!þ8u!g!þ!k rcgardingthe new requirenent outlined in LGR 30 that attomeys muste-file documents in King County Superior Cou¡t. Thee)<ceptions to the e-filing ¡cquirement are also available on the Clerk's Office website.

The working copies of all documents in suppoft or opposition must be marked on the upperright comerof theftrst page

with the date of consideration or hearing and the name of the assignedjudge. The as s ignedjudge's working copies

must be delivered to his/her couÍroomor the Judges'maihoom. Wo¡king copies ofmotions to be heard on theFamilyl¿w Motions Calenda¡ shouldbe filed with the Family l¿w Motions C-oo¡dinator. On June 1, 2009 you will be able tosubmit working copies through the Clerk's ofüce E-Filing applicaLion at lssyli!.ss!¡.U..gil!&o-u4l&lg!k.

Service of documenß: E-filed documents ¡rìay be electronically served on paÍies who opt in to E-Seryice within the E-Filing application. The filer must still serye any othe$ who arc entitled to seryice but who have not opted in. E-Se¡vicegenemtes a record of seryice document thatcan be e-filed. Please see info¡mation on the Clerk's office website at

regarding E-Sewice,

Original Propos€d Order: Each ofthe parties must include an original proposed order granting rcquested relief withthe working çopy materials submitted on any ûtotion. Do notfile the original ofthe proposed orde¡with the Clerk ofthe Courl. Should any party desirc a copy ofthe order as signed and filed by thejudge, a pre-add¡essed, stamped

envelope shall accompany the p¡oposed o¡der.

Pres entation of Orders: A ll orders, agreed or otherwise, must be presented to the assigned judge. If thatjudge is

absent, contact the as s igned court for further instructions. If anotherjudge ente6 an orde¡ on the case, counsel is

responsible for providing the assignedjudge with a copy.

Propos€d ord€rs finalizing settlement and/or dismissal þ agreement ofall parties shall be presented to theassignedjudge or in the k Part€ Department. Format proof in Family l¿w cases must be scheduled before theas s ignedjudge by contacting the bailiff, or formal proofmay be entered in the Ex Parte Department. If final orderand/or formal proof are entered in the k Parte Depørt¡nent, couDsel is responsible for proriding the assignedjüdge with a copy.

C, FormMe¡¡nra¡da,ô¡ieß fo¡ matteß heard by the assigned judge may not e)ceed twenty four (24) pages for dispositivenotions a¡d twelve (12) pages for non-dispositive riotions, unless the assignedjudge pe¡mits overlengthmernonnda/briefs in advanaeoffiling. Over-length memoranda/briefs and rnotions supported by suchmemoranda./briefs rnay be stricken.

IT IS SO ORDERED. FAILARE TO COMPLY WIîE TIIE PROVISIONS OF TH1S OR,DER MAY RESALT INDISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SIIALL FORWARD A COPY OF THISORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO EAS NOT RECEIVED THIS ORDER.

.1,^4u'*"<PRISDN{C JTIDGE


1

2

J

4

5

6

7

I9

10

11

t2

13

14

t5

16

t7

18

19

20

2t

22

23

24

25

26

The undersigned u."t*ffi* o*ut , *"r*r, ,-uo the laws of the state of

Washington, that the following is true and correct:

That on the 28th day of March 2014, I arranged for service of the foregoing NOTICE

OF REMOVAL PURSUANT TO 28 U.S.C. $ 1441(B) (Diversity) to the parties to this

action as follows:

Al Van KampenDavid E. CroweRohde _& Van Kampen PLLC1001 4'n Ave., Ste. 4050Seattle, WA 98154

by'U.S. Postal Service, ordinary hrst class mailU.S. Postal Service, certified or registered mail,retum receipt requestedhand deliveryfacsimileelectronic serviceother (specify)

Rebekah A. Davies

CERTIFICATE OF SERVICE _ I

PD){\125330\r94071RWD\13477147.2

SCHWABE, WLLIAI'¡SON & WYATT, P.C,Allom€ys ål LawU.S- Bãnk Centre

1420 sth Aveñue, Suite 3400Ssatls, W498101¡010felephoie 20æ22-17 11
