Kim v. Coach, Inc, et al

Filing 9

MOTION to Dismiss /Strike Counterclaims and for Sanctions by Counter Defendant Christopher Carney. Oral Argument Requested. (Attachments: # 1 Declaration in Support, # 2 Declaration in Support, # 3 Proposed Order) Noting Date 4/1/2011, (Carney, Christopher)

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

Doc. 9 Att. 3

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 27 28 This matter came before the Court on counterclaim defendants' Motion to Strike and for Sanctions Pursuant to Washington's Anti-SLAPP Statute, RCW 4.24.525 (the "Motion.") The Court has reviewed the papers filed in support of and opposition to the Motion, and has heard the arguments of counsel. Based on the foregoing, the Court does hereby FIND and ORDER: 1. The Motion to Strike is GRANTED. The counterclaim plaintiffs have failed to UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE GINA KIM, on behalf of a class consisting of ) Cause No. 2:11-CV-00214 RSM herself and all other persons similarly situated, ) ) [PROPOSED] ORDER GRANTING Plaintiffs, ) MOTION TO STRIKE AND FOR ) SANCTIONS PURSUANT TO vs. ) WASHINGTON'S ANTI-SLAPP ) STATUTE, RCW 4.24.525 COACH, INC., a Maryland corporation, and ) COACH SERVICES, INC., a Maryland ) corporation, ) NOTED FOR CONSIDERATION: ) FRIDAY, APRIL 1, 2011 Defendants. )

prove by clear and convincing evidence a probability of prevailing on their defamation claims. The defamation counterclaims asserted in the Answer, Docket No. 6, are hereby DISMISSED WITH PREJUDICE. 2. The Motion for Sanctions is GRANTED. The Court awards to the counterclaim

defendants their attorney fees and costs expended in preparing and arguing the Motion. The Cause No. 2:11-CV-00214 RSM [PROPOSED] ORDER ON MOTION TO STRIKE
CARLSON LEGAL 100 W. HARRISON ST. SUITE N440 SEATTLE, WA 98119 [phone]

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Dockets.Justia.com

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counterclaim defendants shall within one week of this Order submit to the Court an accounting of their attorney fees and costs. The counterclaim plaintiffs shall have one week to submit any objection to this accounting. This Court will then issue a final Order compelling the payment of attorney fees and costs by the counterclaim plaintiffs to the counterclaim defendants. 3. The Court awards to the counterclaim defendants the statutorily mandated

sanction of $10,000. 4. In order to deter future conduct by these parties and others similarly situated, the

Court hereby awards an additional sanction in the amount of $____________ against counterclaim plaintiff Coach, Inc. to counterclaim defendants. The Court hereby awards an additional sanction in the amount of $___________ against counterclaim plaintiff's counsel, DLA Piper, to counterclaim defendants. The counterclaim plaintiff and their counsel shall have one week from the entry of this Order to pay the sanctions in paragraph (3) and (4) of this Order.

IT IS SO ORDERED Done in open Court on this ___ day of ________, 2011.

_____________________________ The Honorable Ricardo S. Martinez Presented by: /s/___________________________________ Jay S. Carlson, WSBA No. 30411 Carlson Legal Christopher Carney, WSBA No. 30325 Carney Gillespie & Isitt PLLC Jason Moore Van Eyk & Moore, PLLC 100 W. Harrison St., Suite N440 Seattle, WA 98119 Attorneys for Counterclaim Defendants

Cause No. 2:11-CV-00214 RSM [PROPOSED] ORDER ON MOTION TO STRIKE

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CARLSON LEGAL 100 W. HARRISON ST. SUITE N440 SEATTLE, WASHINGTON 98119 [phone]