Kim v. Coach, Inc, et al

Filing 26

DECLARATION of STELLMAN KEEHNEL IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE filed by Counter Claimant Coach, Inc., Defendant Coach, Inc. re 9 MOTION to Dismiss /Strike Counterclaims and for Sanctions (Attachments: # 1 Exhibit A and B, pp. 5-17)(Keehnel, Stellman)

Gina Kim vs. Coach, Inc., et al.

Doc. 26

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendants, and, as to Coach, Inc., counterclaim plaintiff. v.

THE HONORABLE RICARDO S. MARTINEZ

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE GINA KIM, on behalf of a class consisting of herself and all other persons similarly situated, Plaintiffs, and as to Ms. Kim, counterclaim defendant, No. 2:11-cv-00214-RSM

COACH, INC., a Maryland corporation, and COACH SERVICES, INC., a Maryland corporation,

DECLARATION OF STELLMAN KEEHNEL IN SUPPORT OF DEFENDANT COACH, INC.'S OPPOSITION TO SPECIAL MOTION TO STRIKE

I, Stellman Keehnel, declare as follows: 1. Declarant: I am an attorney licensed to practice law in the state of Washington

and am admitted to practice before this Court. I am the lead attorney representing Coach, Inc. ("Coach") in the above-captioned lawsuit. I chair the Litigation Group in the Seattle office of DLA Piper LLP. I have personal knowledge of the facts stated below and am competent to testify thereto. 2. Exhibit A: Attached hereto as Exhibit A is a true and correct copy of the

transcription prepared by DLA Piper of the February 9, 2011 KING 5 television newscast in
DECLARATION OF STELLMAN KEEHNEL IN SUPPORT OF DEF. COACH, INC.'S OPPOSITION TO SPECIAL MOTION TO STRIKE - 1 No. 2:11-cv-00214-RSM DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 | Tel: [phone]

Dockets.Justia.com

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which plaintiffs Jay Carlson and Christopher Carney appeared. The relevant portion of the newscast can be viewed at http://www.king5.com/news/local/Woman-threatened-with-a--2million-lawsuit-for-selling-bags-on-EBay-115680179.html. Coach's defamation claims (which were removed from this lawsuit last week) were predicated on a statement made by Mr. Carlson during the newscast and a statement made by Mr. Carney during the newscast. 3. Exhibit B. Attached hereto as Exhibit B are true and correct copies of some of

the complaints received by Coach following the broadcast of the statements made by Messrs. Carlson and Carney in the KING 5 newscast on February 9, 2011. Coach received numerous complaints from its customers indicating they would not purchase Coach products in the future because of customers' belief that Coach, inter alia, was attempting to "intimidate" and "bully" Ms. Kim (see p. 10, 13, 14, 15, 16, 17), that Coach is "immoral" (see 15), and that Coach is "Nazi's [sic]" (see p. 11). The attached selection of customer complaints was produced from Coach's files in New York. Names and e-mail addresses have been redacted to protect privacy. 4. On March 24, 2011, Coach filed an amended counterclaim as a matter of right

under Fed.R.Civ.P. 15(a)(1)(A). Later that night, at 8:49pm, my colleague, Patrick Eagan, queried Messrs. Carlson and Carney via e-mail whether they would withdraw their special motion to strike in light of Coach's amended counterclaim that eliminated the counterclaims challenged in the special motion to strike. Mr. Carlson responded with an e-mail at 9:01pm in which he informed us that he and Mr. Carney would not withdraw their motion. Mr. Carlson also questioned whether Coach could file its amended counterclaim without his permission. Mr. Eagan responded with an e-mail at 9:51pm in which he provided courtesy copies of Verizon Del., Inc. v. Covad Comm. Co., 377 F.3d 1081 (9th Cir. 2004), and Arata v. City of Seattle, No. C10-1551-RSL, 2011 WL 248200 (W.D. Wash. Jan. 25, 2011). Mr. Eagan further explained that Rule 15 grants Coach leave to amend its pleading as a matter of course with 21 days of service of the pleading (without exception). On March 25, 2011, Mr. Carlson, in a

DECLARATION OF STELLMAN KEEHNEL IN SUPPORT OF DEF. COACH, INC.'S OPPOSITION TO SPECIAL MOTION TO STRIKE - 2 NO. 2:11-CV-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 | Tel: [phone]

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4:24pm e-mail, affirmed his and Mr. Carney's refusal to withdraw their special motion to strike. I declare under the penalties for perjury under the laws of the United States that the foregoing is true and correct. Signed at Seattle, Washington, on March 28, 2011. s/ Stellman Keehnel Stellman Keehnel, WSBA No. 9309

DECLARATION OF STELLMAN KEEHNEL IN SUPPORT OF DEF. COACH, INC.'S OPPOSITION TO SPECIAL MOTION TO STRIKE - 3 NO. 2:11-CV-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 | Tel: [phone]

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WEST\223325909.1

CERTIFICATE OF SERVICE I hereby certify that on March 28, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System which will send notification of such filing to all counsel of record. Dated this 28th day of March, 2011. s/Stellman Keehnel Stellman Keehnel, WSBA No. 9309

DECLARATION OF STELLMAN KEEHNEL IN SUPPORT OF DEF. COACH, INC.'S OPPOSITION TO SPECIAL MOTION TO STRIKE - 4 NO. 2:11-CV-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 | Tel: [phone]