1 The Honorable Janet Helson

NOTED FOR HEARING: March 29, 2017

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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF KING
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CCD BLACK DIAMOND PARTNERS
9 LLC, a Delaware Limited Liability No. 16-2-29091-4 KNT
Company,,
10 ORDER ON MOTION FOR
Plaintiff,
11 RECONSIDERATION OF THE
v. COURTS RULING ON MOTION FOR
12 A PRELIMINARY INJUNCTION
CITY OF BLACK DIAMOND and
13 BLACK DIAMOND CITY COUNCIL, a AND SETTING CR 16 CONFERENCE
Public Agency, and ERIKA MORGAN,
14 PAT PEPPER AND BRIAN WEBER,
Black Diamond City Council Members, ,
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Defendants.
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THIS MATTER having come on regularly before this Court on Defendant ERIKA
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MORGAN, PAT PEPPER AND BRIAN WEBERs (the Individual Defendants) Motion for
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Reconsideration of the Courts Order on the Motion for a Preliminary Injunction, the Court
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having considered the records and files herein, including:
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1. Individual Defendants Motion for Reconsideration of the Courts Order on
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Motion for a Preliminary Injunction;
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2. Declaration of Jeff Taraday in support of Individual Defendants Motion;
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3. Defendant Citys Response to Individual Defendants Motion for
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Reconsideration;
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4. Declaration of Shannon Ragonesi in support of Defendant Citys Response
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Judge Janet M. Helson
ORDER ON MOTION FOR RECONSIDERATION 401 Fourth Avenue North, Room 2D
OF THE COURTS RULING ON MOTION FOR A Kent, WA 98032
PRELIMINA RY INJUNCTION - 1 Phone (206) 477-1367
helson.court@kingcounty.gov
1
Individual Defendants Motion for Reconsideration;
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5. Individual Defendants Reply on Motion for Reconsideration; and
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6. Declaration of Jeff Taraday in Reply to Motion for Reconsideration.
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IT IS HEREBY ORDERED that:
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1. The Individual Defendants Motion for Reconsideration is DENIED except
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that the Order on Motion for a Preliminary Injunction is clarified to reflect that the required
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amount of security is $150,000 total and may be divided between the individual defendants in
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any combination that totals $150,000 and is further clarified to reflect that some or all of the
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security may be provided by way of a cash deposit to the court registry rather than by way of
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a surety bond.1
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2. Because the preliminary injunction was conditioned on the posting of security,
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the City of Black Diamond is not required to pay any of individual defendants attorneys fees
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unless and until the full required security has been provided and the declarations have been
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supplied.
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3. Within 10 days of this order, the individual defendants shall, as required by
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BDMC 2.66.030, submit declarations confirming that they have no insurance policy available
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to them that would afford them coverage and/or legal representation in this matter and have
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had no such policy available at any time since the case was filed.
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4. Because the individual defendants did not provide any information regarding
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their assets and incomes or otherwise provide evidentiary support for their claim of inability
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to meet the original conditions for the preliminary injunction, the City shall not be required to
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pay any of the fees incurred by the individual defendants related to this motion.
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26 1 This clarification does not reflect an endorsement by the court of the individual defendants suggestion that
they may raise funds from third parties. The issue of whether such fundraising or borrowing would be legal is
27 not before the court.
Judge Janet M. Helson
ORDER ON MOTION FOR RECONSIDERATION 401 Fourth Avenue North, Room 2D
OF THE COURTS RULING ON MOTION FOR A Kent, WA 98032
PRELIMINA RY INJUNCTION - 2 Phone (206) 477-1367
helson.court@kingcounty.gov
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5. A CR 16 conference shall take place on April 28, 2017 at 9 a.m. for purposes
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of developing a discovery plan and a plan for early mediation, with the goal of containing
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costs and attorney fees incurred by the City of Black Diamond and its taxpayers. If any
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counsel has a conflict with this date, s/he shall promptly contact the bailiff to obtain a list of
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available dates and times, shall confer with other counsel regarding their availability, and shall
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confirm a date for the CR 16 conference by no later than April 7, 2017.
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SIGNED this 31st day of March, 2017.
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Signed electronically
11 The Honorable Janet M. Helson
King County Superior Court Judge
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Judge Janet M. Helson
ORDER ON MOTION FOR RECONSIDERATION 401 Fourth Avenue North, Room 2D
OF THE COURTS RULING ON MOTION FOR A Kent, WA 98032
PRELIMINA RY INJUNCTION - 3 Phone (206) 477-1367
helson.court@kingcounty.gov
 King County Superior Court
Judicial Electronic Signature Page

Case Number: 16-2-29091-4

Case Title: CCD BLACK DIAMOND PARTNERS VS BLACK DIAMOND
CITY OF ET AL
Document Title: ORDER ON MOT FOR RECONSIDERATION

Signed by: Janet Helson

Date: 4/3/2017 9:00:00 AM

Judge/Commissioner: Janet Helson

This document is signed in accordance with the provisions in GR 30.

Certificate Hash: 9EA02A1ED5E4EF3D2A4D7D25146B24D530063ED6
Certificate effective date: 5/1/2015 8:14:53 AM
Certificate expiry date: 5/1/2020 8:14:53 AM
Certificate Issued by: C=US, E=kscsefiling@kingcounty.gov, OU=KCDJA,
O=KCDJA, CN="Janet Helson:
4OQ4Hanx4xG2BZv/HV1GsA=="

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