1 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 1 of 16 Page ID#: 204 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION OBSIDIAN FINANCE GROUP, LLC, and KEVIN D. PADRICK, No. CV HZ Plaintiffs, v. OPINION & ORDER CRYSTAL COX, Steven M Wilker David S. Aman TONKON TORP LLP 1600 Pioneer Tower 888 S.W. Fifth Avenue Portland, Oregon Defendant. Attorneys for Plaintiffs / / / / / / 1 - OPINION & ORDER
2 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 2 of 16 Page ID#: 205 Crystal L. Cox P.O. Box 1610 Eureka, Montana Defendant Pro Se HERNANDEZ, District Judge: Plaintiffs Obsidian Finance Group, LLC and Kevin Padrick move for partial summary judgment in this defamation action against defendant Crystal Cox. I deny the motion. BACKGROUND Padrick is a senior principal with Obsidian Finance, an "advisory and investment firm that specializes in unique and difficult business situations, including distressed enterprises and distressed assets." Padrick Decl. at 1, 3. Whether advising clients, or acting for Obsidian's own account, he is frequently involved in structuring complicated financial transactions. Id. at 3. Cox maintains and controls a website and blog found at Id. at 5. She has published statements on this website, and perhaps other websites such as which criticize Obsidian Finance and Padrick. Id. at 5, 6. The specific contents of the statements are discussed below. According to Padrick, the statements are completely false. He asserts he has not engaged in illegal or fraudulent activity, he has not stolen money from the government, he has not engaged in corrupt behavior, he has not paid off the media or politicians, he has not committed tax fraud, and he has not been charged with or convicted of any criminal conduct of any kind. Id. at 6. Padrick asserts that Cox's statements have caused him and Obsidian to suffer damage to their reputations. Id. at OPINION & ORDER
3 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 3 of 16 Page ID#: 206 STANDARDS Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). The moving party bears the initial responsibility of informing the court of the basis of its motion, and identifying those portions of "'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Fed. R. Civ. P. 56(c)). Once the moving party meets its initial burden of demonstrating the absence of a genuine issue of material fact, the burden then shifts to the nonmoving party to present "specific facts" showing a "genuine issue for trial." Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924, (9th Cir. 2009) (internal quotation omitted). The nonmoving party must go beyond the pleadings and designate facts showing an issue for trial. Celotex, 477 U.S. at The substantive law governing a claim determines whether a fact is material. Suever v. Connell, 579 F.3d 1047, 1056 (9th Cir. 2009). The court views inferences drawn from the facts in the light most favorable to the nonmoving party and draws all reasonable inferences in that party's favor. Long v. City & County of Honolulu, 511 F.3d 901, 905 (9th Cir. 2007). If the factual context makes the nonmoving party's claim as to the existence of a material issue of fact implausible, that party must come forward with more persuasive evidence to support his claim than would otherwise be necessary. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). / / / 3 - OPINION & ORDER
4 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 4 of 16 Page ID#: 207 DISCUSSION Plaintiffs move for summary judgment on the issue of liability. Plaintiffs argue that defendant is liable for defamation as a matter of law because she made defamatory statements about Obsidian or Padrick, these statements were published to third parties, and the statements are actionable per se. Plaintiffs, however, fail to address the obvious First Amendment issues raised by defendant's statements. For the reasons explained below, I conclude that as a matter of law, defendant's statements are expressions of opinion protected by the First Amendment. Accordingly, I deny plaintiffs' motion. To prevail on a claim for defamation under Oregon law, plaintiffs must establish the following elements: (1) the making of a defamatory statement; (2) publication of the defamatory material; and (3) a resulting special harm, unless the statement is defamatory per se and therefore gives rise to presumptive special harm. National Un. Fire Ins. Co. of Pitts. Pa. v. Starplex Corp., 220 Or. App. 560, 584, 188 P.3d 332, 347 (2008). A defamatory statement is a false statement that would subject another to hatred, contempt or ridicule or tend to diminish the esteem, respect, goodwill or confidence in which the other is held or to excite adverse, derogatory or unpleasant feelings or opinions against the other. Marleau v. Truck Ins. Exch., 333 Or. 82, 94, 37 P.3d 148, 155 (2001) (internal quotation, ellipsis, and brackets omitted); Reesman v. Highfill, 327 Or. 597, 603, 965 P.2d 1030, 1034 (1998) (plaintiff must show statements both false and defamatory). Statements which are expressions of opinion are protected by the First Amendment and are not actionable. Partington v. Bugliosi, 56 F.3d 1147, 1153 n.10 (9th Cir. 1995) (opinions which "do not imply facts capable of being proved true or false" are protected by the First 4 - OPINION & ORDER
5 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 5 of 16 Page ID#: 208 Amendment) (internal quotation omitted); Reesman, 327 Or. at 605, 965 P.2d at 1035 (statements which are expressions of opinion are not actionable); see also Milkovich v. Lorain Journal Co., 497 U.S. 1, 3 (1990) (statement cannot be deemed "false" unless the statement or its connotations are sufficiently factual to be susceptible of being proved true or false). Statements of opinion may be actionable if the recipients could reasonably have concluded that the statement was based on undisclosed defamatory facts. Slover v. Or. St. Bd. of Clinical Social Workers, 144 Or. App. 565, 568, 927 P.2d 1098, 1100 (1996). Whether a statement is a statement of opinion or one of fact is a question of law. Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1193 (9th Cir. 1989); Slover, 144 Or. App. at 568, 927 P.2d at To determine whether a statement implies an assertion of fact, the Ninth Circuit examines the "totality of circumstances in which it was made," Underwager v. Channel 9 Austl., 69 F.3d 361, 366 (9th Cir. 1995), and relies on the following three-part test: First, a court reviews the statement in its "broad context," which includes the general tenor of the entire work, the subject of the statement, the setting, and the format of the work. Next, the court turns to the "specific context" and figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, the court inquires whether the statement itself is sufficiently factual to be susceptible of being proved true or false. Art of Living Found. v. Does 1-10, No. 10-CV LHK, 2011 WL , at *5 (N.D. Cal. June 15, 2011) (citing Underwager, 69 F.3d at 366). According to defendant, she is an "investigative blogger," and after the "Summit 1031 Bankruptcy," she began working on "Real Estate Industry Whistleblower Blogs." Deft's Stmt of Facts, Decl. 1 Apparently, Padrick was appointed the bankruptcy trustee in a bankruptcy case 1 Defendant's submission is an unsworn, twenty-page, somewhat rambling recitation of information. Because it is not an affidavit and does not contain the requirements set forth in OPINION & ORDER
6 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 6 of 16 Page ID#: 209 involving "Summit." Quite clearly, defendant believes that Padrick engaged in certain behavior, described below, in connection with his duties. In response to plaintiffs' motion, defendant does not deny that she maintains the blogs at and She does not deny that she posted disparaging statements on the blogs. She explains that she relies on "experts in the field," her own research, as well as opinion, commentary, and tips sent in by readers and site visitors for information that she posts on the blogs. In support of their motion, plaintiffs submit ten separate blog postings from which plaintiffs contend are defamatory statements regarding Padrick and/or Obsidian Finance. The submitted postings were made on several dates over the course of approximately two months from October 25, 2010 through December 5, Ex. 1 to Padrick Decl. Id. At the top of each post, the following introductory information appears: The Bankruptcy Court System is Broken and the Real Estate Consumer is Paying the Price. No One Can Hold them Accountable but you. And so Far the Consumer Does not Even know how is really getting their money. Knowledge is Power Folks. Wake Up.. Your Bankruptcy Court Story to - and Expose the Supposed Highest Fiduciary Responsibility of the US Bankruptcy Court System. Below this, and separated by a single line, is what is best described as a banner-like headline, which states, in larger font than the substance of the blog post: "Bankruptcy U.S.C regarding unsworn statements, it is incapable of creating a disputed issue of fact sufficient to defeat summary judgment. I recite to the Declaration only in an attempt to provide background information to the dispute. 6 - OPINION & ORDER
7 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 7 of 16 Page ID#: 210 Corruption - Trustee Corruption - Blog by Investigative Blogger Crystal L. Cox." Id. Immediately below the bolded type appears: "Obsidian Finance, Kevin Padrick, David Aman, Steven Hedberg, Ewan Rose, Bankruptcy Cartel? This Blog is about the Summit 1031 Bankruptcy and the Greed and Corruption within the US Bankruptcy Courts, that further victimized the Real Estate Victims of the Summit 1031 Bankruptcy." Id. As for the specific entries, in chronological order, they are, in pertinent part: Monday, October 25, 2010 Umpqua Bank Corruption, Conflicts of Interest... What is Kevin Padricks [sic] Real Role and Motive? [Information regarding a settlement between Umpqua Bank and Summit 1031 Exchange, followed by a cite to an "abcnews" link for the full article] Folks there is Lot's [sic] More to This Story... Got a Tip? me at Cox.com - also Kevin Padrick is VERY Corrupt..Got a Tip on Kevin Padrick Corruption, Fraud, Tax Crimes, Solar Tax Credit Crimes...? Ex. 1 to Padrick Decl. at p. 13. Monday October 25, 2010 Kevin Padrick - Obsidian Finance is Corrupt... Id. at p. 12. / / / Coming Soon the Facts on Kevin Padrick Tax Fraud, Kevin Padrick Fraud against the Government - time for a Whistleblower Lawsuit to EXPOSE all the Money that Kevin Padrick has Stole [sic] from the US Government.. their [sic] is a 20% min, bounty on this. Coming SOON - a Whole Lot on the Truth about Kevin Padrick - Corrupt Oregon Attorney - Obsidian Finance. 7 - OPINION & ORDER
8 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 8 of 16 Page ID#: 211 Id. at p. 11 Monday, October 25, 2010 Kevin Padrick GUILTY of Tax Fraud? Coming Soon.. Tuesday, November 9, 2010 US Marshals Tracking Down Crookedest Lawyer Ever's Loot YES Kevin Padrick this MEANS will [sic] Be Watching and YOU will BE Indicted SOME TIME, someday and in some way.. and looks there is no time limit on your kind of Corruption.. So don't worry we got back..every dirty deal - every corrupt Solar Tax - Every Tangle in sheets - every down and dirty, corrupt act you do for the rest of your days and beyond..we will BE Watching.. May as Well Tell the Truth on the Money You took from the Summit Bankruptcy and the illegally [sic] activity you Conspired to do in order to set up an Innocent Whistleblower.. CUZ this Shit Storm coming at you is Just Getting Started.. [followed by article apparently published by the "Daily Business Review" on November 9, 2010, in Miami regarding a former U.S. bankruptcy trustee there who allegedly diverted money intended for victims of a financial fraud scheme elsewhere]. Id. at pp Thursday, November 18, 2010 Hey Kevin Padrick - Just a Reminder I ain't going anywhere.. Regardless of What you do to Summit.. My Investigative Blogging Team will Always Be ON YOUR ASS. You are a Cruel, Evil, Discriminating Liar. And I intend to Expose every Dirty deed you have ever or will ever participate in.. So don't be thinking I have give [sic] up on EXPOSING you. You are a Corrupt Attorney, you Create Victims, you take money from real estate consumers, you are abusive and controlling, you pay off media, you pay of [sic] politicians and well.. I intend to prove all of that in great detail over the next..decade... Stay Tuned OPINION & ORDER
9 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 9 of 16 Page ID#: 212 Id. at p. 7. Id. at p. 6. Got a Tip on the Evil Kevin Padrick of Obsidian Finance.. Send it on over.. YOU know the drill by now.. Friday, December 3, 2010 the LIE will NEVER Stand as the Truth On My Watch!!! My Summit 1031 Blogs are NOW Devoted to Reform in the 1031 Exchange Industry, devoted to exposing corruption in the Bankruptcy Courts, exposing Dept. of Justice Trustees, and Exposing Kevin Padrick Corrupt Oregon Attorney and Obsidian Finance LLC and ALL their Corrupt Illegal Activity EVER.. Stay Tuned.. for say a "Lifetime" and then some.. This Shit Storm is just getting started. Every Illegal Act, Every Indiscretion and Flat Out Lie.. Cover Up. Back Alley Deal and Sexapades will be EXPOSED on Kevin Padrick - Obsidian Finance.. your illegal, immortal Activity RUINS lives. Accountability and Transparency is Demanded.. Friday, December 3, 2010 Kevin Padrick - Whatcha Up to - Setting Me up" - "crystal cox investigated"... Id. at p. 5 Hey Corrupt Portland Oregon Attorney Kevin Padrick YOU Have [portion appears to be cut off] Activity in the Summit 1031 Bankruptcy. You will one day be in [portion appears to be cut off] Prove your Illegal activity if it takes a decade.... you WILL BE EXPOSED.. Kevin Padrick - Corrupt Oregon Attorney Got a Tip? Coming Soon.. Massive Online Media on the Truth about Corrupt Attorney Kevin Padrick 9 - OPINION & ORDER
10 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 10 of 16 Page ID#: 213 Friday, December 3, 2010 Hey Obsidian Finance You SUCK and We Don't Care what Lies you Use to Cover up your Over Charging Fraud..... Id. at p. 1. Folks NEVER ever believe that Kevin Padrick and Obsidian Finance are NOT Guilty. For ya Summit 1031 went Bankrupt, however they had a lot of money and assets and Kevin Padrick Corrupt Bankruptcy Attorney took the money and assets and charged fees that were way over the top. Kevin Padrick, Oregon Attorney is Corrupt..... Nor Do I give a Shit what any of you corrupt Obsidian Finance LLC attorneys have to say on this.. you are Criminals and whatever the corrupt Kevin Padrick, Oregon Attorney told you is a LIE..he is guilty of Fraud, Deceit on the Government, Illegal Activity, Money Laundering, Defamation, Harassment and more and I WILL PROVE IT ALL..Period..... Obsidian Finance PAID off Judges, Refused Good Offers, Paid of [sic] Trustees, made deal with the D.A and set up side deals to get in good with this Solar Project.. so much corruption and back alley handshakes and Kevin Padrick YOUR going to prison Next.. SO keep googling Crystal Cox Investigated and trying to Set Me Up.. I have a large network that will continue to EXPOSE you even if you find a way to illegally "investigate"me.. YOU ARE A CRIMINAL..and you are an Cold Hearted Evil Asshole. Sunday, December 5, 2010 How Bad Does Kevin Padrick Obsidian Finance Oregon want to Shut Up Investigative Blogger Crystal L. Cox? How Bad does Oregon Attorney Kevin Padrick want to hide his illegal activity? How bad does Obsidian Finance Attorney Kevin Padrick want to Silence Truth Teller - Investigative Blogger, Crystal L. Cox? Bad enough to hire a hit man to kill me?... So is Kevin Padrick the Bossman in the Link Below? Did Oregon Attorney Kevin Padrick hire a Hit Man to Kill me? Well Time Will Tell I Suppose OPINION & ORDER
11 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 11 of 16 Page ID#: 214 Id. at p. 3. Thursday, December 9, 2010 Kevin Padrick - Obsidian Finance Group Takes a LONG, Hard Look at the Hit Man Post... I have only posted truth on Obsidian Finance LLC and the Corrupt Bankruptcy Trustee Kevin Padrick. Why did Kevin Padrick or Obsidian Finance LLC NEVER send me a Cease and Desist to Shut me up?... Id. at p. 4. Id. at p. 2. Kevin Padrick of Obsidian Finance LLC is a Criminal, he has broken many laws in the last 2 years to do with the Summit 1031 case and regardless of the guilt of the Summit 1031 principals, Kevin Padrick is a THUG and a Thief hiding behind the Skirt tails of corrupt unmonitored bankruptcy court system and protected by Corrupt Bend DA and Corrupt Bend Oregon Judges. And I will Expose every detail of every law he broke, every secret hand shake and back alley deal.. every solar credit fraud..every sale to a friend or cronie of real estate consumer money and every indiscretion... if it takes me a decade.. and if the Hit Man Follows through well No Worries... I have a large fan base over 2 years and many "investigative bloggers" to now continue my life's work. So if Kevin Padrick of Obsidian Finance LLC is the Bossman in the link of the previous post, well then he wants me shut up pretty bad. However the Truth is, me Dead will just fuel the truth I write about and will NOT shut down my blogs or the Whistleblowing that will continue on Corrupt Portland Oregon Attorney Kevin Padrick. And finally, it is unclear on what date the following was posted: Hey Corrupt Jackass Kevin Padrick, I have got a whole better at this over the last year and I will expose your crimes, your solar credit fraud, fraud on the courts, pay offs, set ups and back alley deals.. Considering first the broad context in which these statements are made, it is relevant that 11 - OPINION & ORDER
12 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 12 of 16 Page ID#: 215 they are on an obviously critical blog (www.obsidianfinancesucks.com), which expressly discloses its bias against bankruptcy courts, bankruptcy trustees, and what Cox considers the broken and corrupt bankruptcy court system. In a similar case, the Northern District of California noted that when statements are made on "obviously critical blogs,... readers are less likely to view statements as assertions of fact rather than opinion." Art of Living, 2011 WL , at *7. The court cited a previous decision which explained that statements made on a personal website, through internet discussion groups, and as part of heated debate are less likely to be viewed as statements of fact. Id. (citing Nicosia v. DeRooy, 72 F. Supp. 2d 1093, 1101 (N.D. Cal. 1999)). Though the submitted statements appear to have generated only one posted comment, Ex. 1 to Padrick Decl. at p. 7 (Nov. 19, 2010 comment regarding costs for hiring bankruptcy lawyers), the fact that these are postings on a blog and that Cox repeatedly invites submissions, indicates that she has created a forum for heated debate, even if the postings in this record suggest that the debate has been one-sided. As for the specific context, the court considers the "content of the allegedly defamatory statements, which includes the extent of figurative and hyperbolic language and the reasonable expectations of the readers." Nicosia, 72 F. Supp. 2d at Many of Cox's statements are critical, including the following: "You are a Corrupt Attorney," "you take money from real estate consumers," "Kevin Padrick is VERY Corrupt," "there is no time limit on your kind of Corruption," "May as Well Tell the Truth on the Money You took from the Summit Bankruptcy and the illegally [sic] activity you Conspired to do in order to set up an Innocent Whistleblower," "your illegal, immortal Activity RUINS lives," and "Kevin Padrick is a THUG and a Thief." Ex. 1 to Padrick Decl. When considered in isolation, several of the statements Cox makes appear to 12 - OPINION & ORDER
13 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 13 of 16 Page ID#: 216 assert facts or to imply the existence of undisclosed defamatory facts. However, in context, the statements fail to amount to such assertions or to imply defamatory facts. The statements are replete with scattershot, hyperbolic accusations which are untethered to factual data regarding the "Summit" bankruptcy and whatever role Padrick and Obsidian Finance actually played in the bankruptcy. As the Art of Living court explained: Courts have extended First Amendment protection to such statements in recognition of "the reality that exaggeration and non-literal commentary have become an integral part of social discourse." By protecting speakers whose statements cannot reasonably be interpreted as allegations of fact, courts "provide assurance that public debate will not suffer for lack of imaginative expression or the rhetorical hyperbole which has traditionally added much to the discourse of our Nation." Art of Living, 2011 WL , at *7 (quoting Milkovich, 497 U.S. at 20). In Art of Living, the court recognized that several statements at issue there were obviously critical of the plaintiff when they included words such as "embezzle, "fraud,"and "abuse" and were accompanied by allegations that the plaintiff obtained money from participants by using false and deceitful declarations, or diverted donations from their intended recipients. Id. Nonetheless, when considered in the specific context in which they were made, the court concluded that although the statements "reflect poorly on Art of Living," they "[did] not amount to factual accusations of criminal activity[.]" Id. This was especially true when the statements appeared on blogs that readers expected to be critical of the plaintiff. Id. The same result occurs here. Finally, the statements are not sufficiently factual to be susceptible of being proved true or false. Cox repeatedly poses her statements as questions or asserts that she will prove her 13 - OPINION & ORDER
14 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 14 of 16 Page ID#: 217 accusations. For example, she asserts that "a Whole Lot" of the "Truth" is "Coming Soon," that she "intend[s] to Expose every Dirty Deed," that Padrick "WILL BE EXPOSED," that "YOU [meaning Padrick] will BE Indicted SOME TIME, someday," and that she "WILL PROVE IT ALL." Padrick Decl. at pp She tells the reader to "STAY TUNED," and she asks "Kevin Padrick, Guilty of Tax Fraud?" Id. She also states that Padrick is a "cold hearted evil asshole" and is a "Cruel, Evil Discriminating Liar." Ex. 1 to Padrick Decl. Defendant's use of question marks and her references to proof that will allegedly occur in the future negate any tendency for her statements to be understood as provable assertions of fact. Her statements contain so little actual content that they do not assert, or imply, verifiable assertions of fact. They are, instead, statements of exaggerated subjective belief such that they cannot be proven true or false. Considering all of the statements in the record under the totality of circumstances, the statements at issue are not actionable assertions of fact, but are constitutionally protected expressions of opinion. Plaintiffs' motion for summary judgment on the liability of the defamation claim is denied. Defendant has not moved for summary judgment on the defamation claim and my analysis suggests she is entitled to judgment in her favor on the claim. Under Federal Rule of Civil Procedure 56(f), a court may grant summary judgment to the non-moving party "independent of the motion," or sua sponte, after giving notice and a reasonable time to respond. Based on my conclusion that the statements made by defendant on her blog are constitutionally protected expressions of opinion, I give notice to all parties that an order granting summary judgment to defendant on the defamation claim will be entered on July 25, 2011, unless plaintiffs 14 - OPINION & ORDER
15 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 15 of 16 Page ID#: 218 file a memorandum in opposition no later than July 22, If plaintiffs file such a memorandum, defendant is given seventeen (17) days after the filing of plaintiffs' memorandum, to file a response. Finally, it appears that defendant has attempted to assert counterclaims against plaintiffs in a document entitled "Counter Complaint" filed with her Answer. 2 While the "Counter Complaint" is a long, rambling assemblage of allegations and statements, I construe it liberally and am able to discern the following claims: defamation and intentional interference with economic relations. Deft's "Counter Complaint" (dkt #13) at pp. 6, I invite plaintiffs to move against these counterclaims. Because plaintiffs have filed an Answer as to the counterclaims, I invite them to move for summary judgment. Defendant, of course, may choose to voluntarily dismiss the counterclaims under Rule 41. Fed. R. Civ. P. 41(c). If plaintiffs will stipulate to the dismissal, defendant may dismiss the counterclaims under Rule 41(a)(1)(a)(ii). 2 Defendant has also attempted to name several other individuals as "counterdefendants." However, only Padrick and Obsidian Finance, as current plaintiffs in the action, should be considered counterdefendants. Fed. R. Civ. P. 13(a), (b) (referring to counterclaims as being brought against an "opposing party"). Other individuals could perhaps be brought into the case as third-party defendants under Federal Rule of Civil Procedure 14, but no attempt to designate them as such has been made and importantly, there apparently has been no service of process on these non-parties. Thus, at this point, I consider the counterclaims to have been brought against only Padrick and Obsidian Finance and I recognize no other parties presently in the case. 3 Defendant appears to raise a "counterclaim" under Oregon's Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. Or. Rev. Stat. (O.R.S.) She raises the issue in her "Counter Complaint," but also indicates that she files a motion to dispose of the lawsuit against her. Counter Complaint at p. 9. The statute does not provide for a "claim" and no such motion was ever filed. At this point, it is too late. Horton v. Western Protector Ins. Co., 217 Or. App 443, , 176 F.3d 419, (2008) (a special motion to strike under the Anti-SLAPP statute in O.R.S must be filed as part of a defendant's first appearance in the case). Here, defendant filed an Answer with counterclaims, and did not timely bring the appropriate motion under O.R.S Thus, I do not consider any allegations based on Oregon's Anti-SLAPP statute to be in the case OPINION & ORDER
16 Case 3:11-cv HZ Document 26 Filed 07/07/11 Page 16 of 16 Page ID#: 219 Or, she may seek an order of the Court under Rule 41(a)(2). Should she do so, no motion by plaintiffs as to the counterclaims would be necessary. CONCLUSION Plaintiff's motion for partial summary judgment  is denied. IT IS SO ORDERED. Dated this 7th day of July, 2011 /s/ Marco A. Hernandez Marco A. Hernandez United States District Judge 16 - OPINION & ORDER
Crystal L. Cox Attorney Pro Se UNITED STATES DISTRICT COURT DISTRICT OF OREGON Portland Division OBSIDIAN FINANCE GROUP, LLC and KEVIN D. PADRICK, Plaintiffs, V. CRYSTAL COX, Pro Se Defendant Objection
Case 3:12-cv-01348-HZ Document 32 Filed 03/08/13 Page 1 of 8 Page ID#: 144 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KELLY J. YOX, an individual, v. Plaintiff, No.
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA IN RE: CASE NO. JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 SECURITY RESOURCES, L.L.C. ADV. NO and INTERFACE SECURITY SYSTEMS, L.L.C. 04-1005
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PAM HOWARD and EBEN HOWARD ex rel UNITED STATES OF AMERICA PLAINTIFFS v. No. 4:13CV00310 JLH ARKANSAS CHILDREN S HOSPITAL;
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,
Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT
SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.
Case 2:04-cv-03428-SRD-ALC Document 29 Filed 08/22/06 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EDWARD McGARRY, ET AL CIVIL ACTION VERSUS NO: 04-3428 TRAVELERS LIFE AND ANNUITY
CASE 0:09-cv-00013-DWF-RLE Document 94 Filed 05/12/10 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Tri-Marketing, Inc., a Minnesota corporation, Civil No. 09-13 (DWF/RLE) Plaintiff and
Case 4:06-cv-00191 Document 12 Filed in TXSD on 05/25/06 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BARBARA S. QUINN, Plaintiff, v. CIVIL ACTION NO. H-06-00191
Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,
Main Document Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE CASE NO. 512-bk-03367-RNO STEVEN RICHARD ALECKNA JAIME SUE ALECKNA CHAPTER 7 Debtors ***********************************
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOAN FALLOWS KLUGE, Plaintiff, v. Civil No. L-10-00022 LIFE INSURANCE COMPANY OF NORTH AMERICA Defendant. MEMORANDUM Plaintiff, Joan Fallows
Case 5:10-cv-00044-CAR Document 280 Filed 11/18/11 Page 1 of 14 THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TERRY CARTRETTE TINDALL, : : Plaintiff, : v. : Civil Action
Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARTIS SPECIALTY INSURANCE CO., Plaintiff, v. CIVIL ACTION
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EVELYN THOMAS v. COMMUNITY COLLEGE OF PHILADELPHIA CIVIL ACTION NO. 06-5372 MEMORANDUM AND ORDER Kauffman, J. April 18, 2008
Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 05-2409(DSD/RLE) Kristine Forbes (Lamke) and Morgan Koop, Plaintiffs, v.
Case 4:14-cv-00283 Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SELDA SMITH, Plaintiff, v. CIVIL ACTION H-14-283 WELLS FARGO
Case 2:08-cv-03323-BMS Document 17 Filed 08/04/09 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICIA MAYER, : Plaintiff, : CIVIL ACTION : v. : : CARLOS MASCAREHAS,
Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KIRSTEN D'JUVE CIVIL ACTION VERSUS NO: 14-2386 AMERICAN MODERN HOME INSURANCE
Case 1:08-cv-00225-EJL-CWD Document 34 Filed 03/02/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF IDAHO OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Plaintiff, Case No.
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN FAULKNER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. ADT SECURITY SERVICES, INC.; ADT SECURITY
Case 3:12-cv-01004-JPG-PMF Document 123 Filed 04/11/14 Page 1 of 7 Page ID #2498 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HAMILTON MEMORIAL HOSPITAL DISTRICT, an Illinois governmental
case 2:09-cv-00201-WCL-APR document 19 filed 10/26/09 page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ANDRE CHEAIRS, ) ) Plaintiff, ) ) v. ) Cause No.: 2:09-CV-201
Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SHARON JACKSON, et al. Plaintiffs, v. CIVIL ACTION H-13-1104
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 1 PAUL ELKINS and KATHY ELKINS, husband and wife, v. Plaintiffs, QBE INSURANCE CORPORATION, a foreign insurer; COMMUNITYASSOCIATION
Case :0-cv-0-FDB Document Filed 0/0/0 Page of 0 LOREN A. DEAN, v. Plaintiff, INTERNAL REVENUE SERVICE, Defendant. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA INTRODUCTION Case
Washington v. Vericrest Financial, Inc. et al Doc. 1 1 1 1 0 1 TIFFANI WASHINGTON, vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, VERICREST FINANCIAL, INC., a Delaware corporation
Case 1:12-cv-02555-RPM Document 37 Filed 11/22/13 USDC Colorado Page 1 of 6 Civil Action No. 12-cv-02555-RPM STEPHEN BERKEN, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GIAN BIOLOGICS, LLC, Plaintiff, v. Civil Action No. 10-865-LPS BIOMET INC. and BIOMET BIOLOGICS, LLC, Defendants. MEMORANDUM ORDER At Wilmington
Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) METROPOLITAN LIFE INSURANCE ) COMPANY, ) ) Plaintiff, ) ) CIVIL ACTION v.
Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 E. JENNIFER NEWMAN, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-21435-Civ-COOKE/TURNOFF vs. Plaintiff
Date Signed: May 7, 2015 UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII In re THE MORTGAGE STORE, INC. Case No. 10-03454 Chapter 7 Debtor. DANE S. FIELD, Bankruptcy Trustee of The Mortgage Store, vs.
2:09-cv-14271-LPZ-PJK Doc # 13 Filed 06/24/10 Pg 1 of 6 Pg ID 53 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, CASE NO. 09-14271 HON.
Case 1:08-cv-06957 Document 45 Filed 10/19/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT F. CAVOTO, ) ) Plaintiff, Counter-Defendant,
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WEINSTEIN SUPPLY CORPORATION : : v. : CIVIL ACTION : HOME INSURANCE COMPANIES, : THE HOME INDEMNITY COMPANY, : No. 97-7195 THE
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE : CHAPTER 7 AMERICAN REHAB & PHYSICAL : THERAPY, INC. : DEBTOR : CASE NO. 04-14562 ROBERT H. HOLBER, TRUSTEE : PLAINTIFF
case 1:11-cv-00399-JTM-RBC document 35 filed 11/29/12 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION CINDY GOLDEN, Plaintiff, v. No. 1:11 CV 399 STATE FARM MUTUAL
Case 3:11-cv-00057-HZ Document 13 Filed 05/04/11 Page 1 of 15 Page ID#: 71 United States District Court for the District of Oregon Obsidian Finance Group, LLC and Kevin D. Padrick ---------------------)
8:09-cv-00341-LSC-FG3 Doc # 276 Filed: 07/19/13 Page 1 of 5 - Page ID # 3979 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHAEL S. ARGENYI, Plaintiff, v. CREIGHTON UNIVERSITY, Defendant.
Entered: July 31, 2013 Case 13-00202 Doc 20 Filed 07/31/13 Page 1 of 10 Date signed July 31, 2013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT In Re: Fely Sison Tanamor
3:12-cv-03107-SEM-BGC # 43 Page 1 of 26 E-FILED Thursday, 19 December, 2013 03:21:32 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
109 STAT. 737 Public Law 104 67 104th Congress An Act To reform Federal securities litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America
Case 4:05-cv-00008-JAJ-RAW Document 80 Filed 11/21/2007 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,
Case 5:13-cv-01237-D Document 49 Filed 02/10/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA MART D. GREEN, Trustee of the David and Barbara Green 1993 Dynasty Trust,
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RLI INSURANCE COMPANY, VS. Plaintiff, WILLBROS CONSTRUCTION (U.S.) LLC, et al., Defendants. CIVIL ACTION NO. H-10-4634 MEMORANDUM
Case :0-cv-00-AG-MLG Document Filed 0//00 Page of 0 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EXPERIAN INFORMATION SOLUTIONS, INC., a corporation, v. Plaintiffs, LIFELOCK, INC.,
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MELEA LIMITED, a Gibraltar corporation, and PLASTIC MOLDED TECHNOLOGIES, INC., a Michigan corporation, Plaintiffs, v. Civil No.
Case 2:08-cv-02427-EFM Document 44 Filed 12/14/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MAX SEIFERT, Plaintiff, vs. Case No. 08-2427-EFM KANSAS CITY, KANSAS COMMUNITY
187 CASE 0:09-cv-00975-JRT-TNL Document 170 Filed 09/30/10 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA A.P.I., INC., ASBESTOS SETTLEMENT TRUST and A.P.I., INC., Civil No. 09-975 (JRT/JJG)
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN and DENISE McELHINEY : CIVIL ACTION : v. : : ALLSTATE INSURANCE COMPANY : NO. 98-2529 MEMORANDUM Bartle, J. January, 1999
Case 2:07-cv-09711-EEF-SS Document 14 Filed 04/15/08 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA NATHAN GORDON * CIVIL ACTION * VERSUS * NUMBER: 07-9711 * FIDELITY NATIONAL INSURANCE
Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION MURIELLE MOLIERE, Plaintiff, v. OPTION ONE MORTGAGE, et al., Defendants.
Streit et al v. Metropolitan Casualty Insurance Company Doc. 19 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WESLEY and BARBARA STREIT, ) ) Plaintiffs, ) ) Case No.
SO ORDERED. SIGNED this 02 day of October, 2007. Dale L. Somers UNITED STATES BANKRUPTCY JUDGE Opinion Designated for Electronic Use, But Not for Print Publication IN THE UNITED STATES BANKRUPTCY COURT
Case: 1:10-cv-08146 Document #: 27 Filed: 06/29/11 Page 1 of 8 PageID #:342 TKK USA INC., f/k/a The Thermos Company, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,
Case :-cv-0-tjh-jc Document Filed 0// Page of Page ID #:0 0 NEWEGG INC., v. United States District Court Central District of California Western Division Plaintiff, EZRA SUTTON, P.A., et al., Defendants.
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DONALD LYLE STRATTON, Plaintiff-Appellant, v. JULIE BUCK, in her individual capacity; DALE BROWN, in his individual capacity; JOHN DOE,
PMG Collins, LLC v. Allianz Global Risks US Insurance Company Doc. 60 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-21136-CIV-ZLOCH PMG COLLINS, LLC, Plaintiff, O R D E R ALLIANZ
CASE 0:10-cv-01132-MJD-FLN Document 106 Filed 06/06/11 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: Mirapex Products Liability Litigation 07-MD-1836 (MJD/FLN) This document relates
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA In Re JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, Debtors. JUNG BEA HAN, Plaintiff. v. Adv. No. 05-03012 GE CAPITAL SMALL BUSINESS FINANCE
NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE
Case 2:07-cv-00320-RBS Document 37 Filed 10/09/08 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TYCHELL JOHNSON, et al., : : CIVIL ACTION v. : : NO. 07-320 DELAWARE
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION RAY BRUNSON AND MARY BRUNSON, Plaintiffs, vs. No. 07-2320-MaV STATE FARM FIRE AND CASUALTY, COMPANY, Defendant.
Case :-cv-0-dgc Document Filed 0// Page of 0 WO Wintrode Enterprises Incorporated, v. PSTL LLC, et al., IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Defendants. No. CV--0-PHX-DGC
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION REGINA KUHN, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT vs. COMFORT HOSPICE CARE, LLC,
Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE
[Cite as Debt Recovery Solutions of Ohio, Inc. v. Lash, 2009-Ohio-6205.] COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT DEBT RECOVERY SOLUTIONS OF OHIO, INC. -vs- Plaintiff-Appellee JEFFREY
Case: 1:10-cv-00117 Document #: 114 Filed: 11/08/10 Page 1 of 11 PageID #:1538 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BRIANNA GREENE, on behalf of ) herself and others
T.C. Memo. 2012-264 UNITED STATES TAX COURT PAUL A. BILZERIAN AND TERRI L. STEFFEN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3648-98. Filed September 12, 2012. Paul A. Bilzerian
Case 2:08-cv-02646-JWL Document 108 Filed 08/22/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS Alice L. Higgins, Plaintiff, v. Case No. 08-2646-JWL John E. Potter, Postmaster General,
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ASSOCIATED BANK-CORP., Plaintiff, MEMORANDUM AND ORDER v. 05-C-0233-S EARTHLINK, INC., Defendant. Plaintiff Associated Bank-Corp.
No. 157 April 16, 2014 317 IN THE COURT OF APPEALS OF THE STATE OF OREGON Maricela RAMIREZ, Plaintiff-Appellant, v. NORTHWEST RENAL CLINIC, Defendant-Respondent, and RAYMOND PETRILLO, MD, and Does 1 to
U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURTS DOCKET The following constitutes the ruling of the court and has the force and effect
PAUL B. SNYDER United States Bankruptcy Judge Pacific Ave, Suite 0 Tacoma, WA 0 FILED LODGED RECEIVED November, 00 MARK L. HATCHER CLERK U.S. BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DEPUTY