Doe v. Project Fair Bid, Inc. et al

Filing 1

NOTICE OF REMOVAL from King County Superior Court, case number 11-2-06859-5 SEA; (Receipt # 0981-2427616), filed by Foundation Capital, First Round Capital, Mayfield Fund. (Attachments: # 1 Exhibit A & B, # 2 Civil Cover Sheet)(Angelis, Theodore)

EXHIBIT A

EXHIBIT B

FILED
11 FEB 16 AM 9:00
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 11-2-06859-5 SEA

SUPERIOR COURT OF WASHINGTON
COUNTY OF KING
NO. 11-2-06859-5 SEA

JOHN DOE
VS
PROJECT FAIR BID, INC.

(TTO) -

CASE INFORMATION COVER SHEET
AND AREA DESIGNATION

CAUSE OF ACTION
TORT, NON-MOTOR VEHICLE
AREA DESIGNATION

SEATTLE -

Defined as all King County north of Interstate 90 and including all
of Interstate 90 right of way, all of the cities of Seattle, Mercer
Island, Issaquah, and North Bend, and all of Vashon and Maury
Islands.

FILED
11 FEB 16 AM 9:00
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 11-2-06859-5 SEA

FILED
11 FEB 16 AM 9:00
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 11-2-06859-5 SEA

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
NO. 11-2-06859-5

JOHN DOE

SEA

Order Setting Civil Case Schedule (*ORSCS)
Plaintiff(s)

vs

ASSIGNED JUDGE Armstrong

PROJECT FAIR BID, INC.

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FILE DATE:
Defendant(s)

02/16/2011

TRIAL DATE:

07/30/2012

A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule
on Page 3 as ordered by the King County Superior Court Presiding Judge.
I. NOTICES
NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule
(Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the
Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the
Summons and Complaint/Petition or (2) service of the Defendant's first response to the
Complaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12
(CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in
the form required by Civil Rule 5 (CR 5).
"I understand that I am required to give a copy of these documents to all parties in this case."

Print Name

Order Setting Civil Case Schedule (*ORSCS)

Sign Name

REV. 12/08

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I. NOTICES (continued)
NOTICE TO ALL PARTIES:
All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] -especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for
attorneys and parties to pursue their cases vigorously from the day the case is filed. For example,
discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties,
claims, and defenses, for disclosing possible witnesses [See KCLCR 26], and for meeting the discovery
cutoff date [See KCLCR 37(g)].
CROSSCLAIMS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS:
A filing fee of $230 must be paid when any answer that includes additional claims is filed in an existing
case.
KCLCR 4.2(a)(2)
A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the
deadline in the schedule. The court will review the confirmation of joinder document to determine if a
hearing is required. If a Show Cause order is issued, all parties cited in the order must appear before
their Chief Civil Judge.
PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE:
When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior
Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this
Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the
parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any
pending motions by notifying the bailiff to the assigned judge.
Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a
Notice of Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a
final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice
of Settlement, the case may be dismissed with notice.
If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to
present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date.
NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES:
All parties to this action must keep the court informed of their addresses. When a Notice of
Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office,
parties must provide the assigned judge with a courtesy copy.
ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE:
A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to
mandatory arbitration and service of the original complaint and all answers to claims, counterclaims and
cross-claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain
an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must
pay a $220 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of
$250 and the request for trial de novo must be filed with the Clerk’s Office Cashiers.
NOTICE OF NON-COMPLIANCE FEES:
All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court
Clerk must send notice of non-compliance of schedule requirements and/or Local Civil Rule 41.
King County Local Rules are available for viewing at www.kingcounty.gov/courts/clerk.

Order Setting Civil Case Schedule (*ORSCS)

REV. 12/08

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II. CASE SCHEDULE

CASE EVENT
Case Filed and Schedule Issued.
Last Day for Filing Statement of Arbitrability without a Showing of Good
Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2].
$220 arbitration fee must be paid
DEADLINE to file Confirmation of Joinder if not subject to Arbitration.
[See KCLCR 4.2(a) and Notices on Page 2].
DEADLINE for Hearing Motions to Change Case Assignment Area.
[See KCLCR 82(e)]
DEADLINE for Disclosure of Possible Primary Witnesses
[See KCLCR 26(b)].
DEADLINE for Disclosure of Possible Additional Witnesses
[See KCLCR 26(b)].
DEADLINE for Jury Demand [See KCLCR 38(b)(2)].
DEADLINE for Setting Motion for a Change in Trial Date
[See KCLCR 40(d)(2)].
DEADLINE for Discovery Cutoff [See KCLCR 37(g)].
DEADLINE for Engaging in Alternative Dispute Resolution [See KCLCR
16(b)].
DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits
[See KCLCR 4(j)].
DEADLINE to file Joint Confirmation of Trial Readiness
[See KCLCR 16]
DEADLINE for Hearing Dispositive Pretrial Motions [See KCLCR 56; CR
56].
Joint Statement of Evidence [See KCLCR (4)(k)].
DEADLINE for filing Trial Briefs, Proposed Findings of Fact and
Conclusions of Law and Jury Instructions (Do not file Proposed Findings of
Fact and Conclusions of Law with the Clerk)
Trial Date [See KCLCR 40].

DEADLINE
or
Filing
EVENT DATE Needed
Wed 02/16/2011
Wed 07/27/2011

*
*

Wed 07/27/2011

*

Wed 08/10/2011
Mon 02/27/2012
Mon 04/09/2012
Mon 04/23/2012
Mon 04/23/2012

*
*

Mon 06/11/2012
Mon 07/02/2012
Mon 07/09/2012
Mon 07/09/2012

*

Mon 07/16/2012
Mon 07/23/2012
Mon 07/23/2012

*
*

Mon 07/30/2012

III. ORDER
Pursuant to King County Local Civil Rule 4 [KCLCR 4], IT IS ORDERED that the parties shall comply with
the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Civil Rule 4(g)
and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER
ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and
attachment on all other parties.
DATED:

2/15/2011
PRESIDING JUDGE

Order Setting Civil Case Schedule (*ORSCS)

REV. 12/08

3

IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE
READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE
This case is assigned to the Superior Court Judge whose name appears in the caption of this case
schedule. The assigned Superior Court Judge will preside over and manage this case for all pretrial
matters.
COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the
assigned court as soon as possible.
APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local
Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Court Judges. The
local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx .
CASE SCHEDULE AND REQUIREMENTS
Deadlines are set by the case schedule, issued pursuant to Local Civil Rule 4.
THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES
IMPOSED BY THE COURT’S LOCAL CIVIL RULES.
A. Joint Confirmation regarding Trial Readiness Report:
No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the
assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the
expected duration of the trial, whether a settlement conference has been held, and special problems and
needs (e.g. interpreters, equipment, etc.).
The form is available at http://www.kingcounty.gov/courts/superiorcourt.aspx . If parties wish to request
a CR 16 conference, they must contact the assigned court. Plaintiff’s/petitioner’s counsel is responsible
for contacting the other parties regarding said report.
B. Settlement/Mediation/ADR
a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement
demand. Ten (10) days after receiving plaintiff’s/petitioner’s written demand, counsel for
defendant/respondent shall respond (with a counter offer, if appropriate).
b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been
held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY
RESULT IN SANCTIONS.
C. Trial: Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as
convened by the court. The Friday before trial, the parties should access the King County Superior Court
website http://www.kingcounty.gov/courts/superiorcourt.aspx to confirm trial judge assignment.
Information can also be obtained by calling [phone].
MOTIONS PROCEDURES
A. Noting of Motions
Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral
argument before the assigned judge. The moving party must arrange with the hearing judge a date and
time for the hearing, consistent with the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern
procedures for summary judgment or other motions that dispose of the case in whole or in part. The
local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.

Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the
assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a
date by which the ruling is requested; this date must likewise conform to the applicable notice
requirements. Rather than noting a time of day, the Note for Motion should state “Without Oral
Argument.” Local Civil Rule 7 governs these motions, which include discovery motions. The local civil
rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.
Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine,
motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the
assigned judge. All other motions should be noted and heard on the Family Law Motions calendar.
Local Civil Rule 7 and King County Family Law Local Rules govern these procedures. The local rules
can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx.
Emergency Motions: Under the court’s local civil rules, emergency motions will be allowed only upon
entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by
telephone call and without written motion, if the judge approves.
B. Original Documents/Working Copies/ Filing of Documents

All original documents must be filed with the Clerk’s Office. Please see information on
the Clerk’s Office website at www.kingcounty.gov/courts/clerk regarding the new requirement
outlined in LGR 30 that attorneys must e-file documents in King County Superior Court. The
exceptions to the e-filing requirement are also available on the Clerk’s Office website.

The working copies of all documents in support or opposition must be marked on the upper
right corner of the first page with the date of consideration or hearing and the name of the
assigned judge. The assigned judge’s working copies must be delivered to his/her courtroom
or the Judges’ mailroom. Working copies of motions to be heard on the Family Law Motions
Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 you will
be able to submit working copies through the Clerk’s office E-Filing application at
www.kingcounty.gov/courts/clerk.

Service of documents. E-filed documents may be electronically served on parties who opt in
to E-Service within the E-Filing application. The filer must still serve any others who are
entitled to service but who have not opted in. E-Service generates a record of service
document that can be e-filed. Please see information on the Clerk’s office website at
www.kingcounty.gov/courts/clerk regarding E-Service.
Original Proposed Order: Each of the parties must include an original proposed order granting
requested relief with the working copy materials submitted on any motion. Do not file the original of the
proposed order with the Clerk of the Court. Should any party desire a copy of the order as signed and
filed by the judge, a pre-addressed, stamped envelope shall accompany the proposed order.
Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If
that judge is absent, contact the assigned court for further instructions. If another judge enters an order
on the case, counsel is responsible for providing the assigned judge with a copy.

Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be
presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases
must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in
the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte Department,
counsel is responsible for providing the assigned judge with a copy.
C.

Form

Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for
dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits
over-length memoranda/briefs in advance of filing. Over-length memoranda/briefs and motions
supported by such memoranda/briefs may be stricken.
IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY
RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A
COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED
THIS ORDER.

PRESIDING JUDGE

King County
Department of Judicial Administration
Superior Court Clerk’s Office

IMPORTANT NOTICE
KING COUNTY SUPERIOR COURT HEARING LOCATIONS
WILL CHANGE
IF THE MALENG REGIONAL JUSTICE CENTER IN KENT IS
CLOSED
The Maleng Regional Justice Center (MRJC) in Kent lies within the former Green River floodplain and is
at risk of flooding if the Green River overtops its levies in a major flood event. The MRJC facility will
likely be evacuated and closed if an imminent flood is predicted and operations normally located there
will be forced to relocate.
If it becomes necessary to close the MRJC facility and relocate the courtrooms, some scheduled court
proceedings at the King County Courthouse in Seattle will also be affected, with a changed location.
PLEASE NOTE: If you have a court proceeding scheduled at either the King County Courthouse
in Seattle or the Maleng Regional Justice Center in Kent, please call [phone] x ‘0’ to learn if
there is a flood related change to the location of your court proceeding. Call within two days of
your scheduled court date for the current information.
Current MRJC flood status and proceeding location information will also be posted online here:
King County Superior Court’s website: http://www.kingcounty.gov/courts/superiorcourt
King County Clerk’s Office website: http://www.kingcounty.gov/courts/Clerk
The Clerk’s Office and Superior Court remain committed to providing good customer service throughout
the flood watch season and, if necessary, during a MRJC facility closure period. We thank you for your
patience during this time.
*Please include a copy of this notice when providing copies of court documents to other parties.

FILED
11 MAY 10 PM 2:51

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KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 11-2-06859-5 SEA

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING

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JOHN DOE, individually and on behalf of
all the members of the Class of persons
similarly situated,
Plaintiff,

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No. 11-2-06859-5 SEA
NOTICE OF APPEARANCE ON
BEHALF OF PROJECT FAIR BID,
INC., d/b/a BIGDEAL.COM

v.

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PROJECT FAIR BID, INC., d/b/a
BIGDEAL.COM, a Delaware corporation,
MAYFIELD FUND, FOUNDATION
CAPITAL and FIRST ROUND CAPITAL,
AND DOES 1-20,

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Defendants.

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YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that Defendant
Project Fair Bid, Inc., d/b/a BigDeal.com, without waiving any defenses whatsoever,
including but not limited to the defenses available by statute or court rule, hereby enters an
appearance in the above-captioned matter and requests that all further papers and pleadings,
except original process, be served upon the undersigned attorneys at 701 Fifth Avenue, Suite
2100, Seattle, Washington 98104.
///
///
///
///

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NOTICE OF APPEARANCE ON BEHALF OF
PROJECT FAIR BID, INC., d/b/a BIGDEAL.COM - 1

Gordon & Rees LLP
701 5th Avenue, Suite 2100
Seattle, WA 98104
Ph: 206-695-5100
Fax: [phone]

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Dated: May 10, 2011

GORDON & REES LLP

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By:
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/s/ David W. Silke
David W. Silke, WSBA No. 23761
Attorneys for Defendant Project Fair Bid,
Inc., d/b/a BigDeal.com
701 5th Avenue, Suite 2100
Seattle, Washington 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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NOTICE OF APPEARANCE ON BEHALF OF
PROJECT FAIR BID, INC., d/b/a BIGDEAL.COM - 2

Gordon & Rees LLP
701 5th Avenue, Suite 2100
Seattle, WA 98104
Ph: 206-695-5100
Fax: [phone]

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CERTIFICATE OF SERVICE
I hereby certify that on May 10, 2011, I electronically filed the foregoing with the
Clerk of the Court using the E-Filing system, and concurrently served it via E-Service on
the following:
N/A
I further certify that I served the foregoing on the following non-E-Service
participants via facsimile and first-class mail, postage prepaid:

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William W. Houck
Houck Law Firm, P.S.
4045 – 262nd Avenue SE
Issaquah, WA 98029
Fax: [phone]

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/s/ David W. Silke
David W. Silke
GORDON & REES LLP
701 Fifth Avenue, Suite 2100
Seattle, WA 98104
Phone: [phone]
Fax: [phone]
[e-mail]

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NOTICE OF APPEARANCE ON BEHALF OF
PROJECT FAIR BID, INC., d/b/a BIGDEAL.COM - 3

Gordon & Rees LLP
701 5th Avenue, Suite 2100
Seattle, WA 98104
Ph: 206-695-5100
Fax: [phone]