Pacific Water Technology LLC et al v. Wear et al

Filing 35

ORDER: Pursuant to the parties' 28 Stipulated MOTION, it is so ordered. The 4/26/2024 TRO, as amended, shall be continued through 10/30/2024 as to the Wear and Swain Parties. Pacific Parties may file any Motion for Preliminary Injunction by 10/3/2024. The Wear and Swain Parties reserve all defenses. Signed by Judge Tana Lin.(MJV)

THE HONORABLE TANA LIN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PACIFIC WATER TECHNOLOGY
LLC et al.,

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Plaintiffs,

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v.

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RYAN R WEAR et al.,

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No. 2:24-cv-01164-TL
STIPULATION AND ORDER
CONTINUING STATE COURT
TEMPORARY RESTRAINING ORDER AS
TO WEAR PARTIES
NOTING DATE: AUGUST 29, 2024

Defendants.

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STIPULATION

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Plaintiffs in this action (the “Pacific Parties”), by and through their undersigned counsel,

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and Defendants Ryan Wear and Elizabeth Swain (“Wear and Swain Parties”), by and through

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their undersigned counsel, respectfully Stipulate as follows:

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1.

On April 16, 2024, the Pacific Parties initiated the state court action captioned

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as Pacific Water Technology, LLC et al v. Ryan Wear et al., Case No. 24-2-2887-31 (the

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“Pacific Parties Action”) in Snohomish County Superior Court against a number of Defendants

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including the Wear and Swain Parties. Dkt. 17, Ex. 1.

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2.

On April 26 2024, Pacific Parties obtained a Temporary Restraining Order

(“April 26 TRO”) enjoining the Defendants in the Pacific Parties Action, including the Wear

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STIPULATION AND ORDER CONTINUING APRIL 26
TRO AS TO WEAR AND SWAIN PARTIES
(2:24-cv-01164-TL) – 1

CORR CRONIN LLP

1015 Second Avenue, Floor 10
Seattle, Washington 98104-1001
Tel [phone]
Fax [phone]

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and Swain Parties, from dissipating assets and from engaging in transactions outside the

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ordinary course of business. Dkt. 17, Ex. 3. Pacific Parties deposited the $20,000 bond with the

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Snohomish County Superior Court clerk on April 30, 2024.
3.

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On July 12, 2024, Snohomish County Superior Court entered a stipulated order

continuing the aforementioned TRO, as amended, through the following date: August 30, 2024.
4.

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On August 1, 2024, First Fed, who at that time had been made a defendant in the

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Pacific Parties Action, filed a disputed Notice of Removal in the Pacific Parties Action (“August

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1 Notice of Removal”). Dkt. 1.
5.

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On August 23, 2024, King County Superior Court entered an Order Granting

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Motion to Amend Appointing Order and for Other Relief in the matter In re Receivership of

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Creative Technologies, L.L.C. (“Creative Receivership”), expanding that receivership to

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include two additional defendants in this matter: Defendant Refreshing USA, LLC and Water

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Station Management, LLC (“Management Order”). The Management Order is not directed at

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the Wear and Swain Parties in their individual capacities.
6.

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Pursuant to 28 U.S.C. § 1450, “[a]ll injunctions, orders, and other proceedings”

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entered prior to removal in any action removed to federal court “shall remain in full force and

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effect until dissolved or modified by the district court.”
7.

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The parties to this Stipulation have agreed to the continuation of the April 26

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TRO, as amended, through October 30, 2024. This Stipulation does not prejudice Pacific

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Parties’ rights to seek remand to Snohomish County Superior Court.

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Now, therefore, the undersigned parties stipulate to entry of the following order affirming

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their agreement to continue the TRO as to the Wear and Swain Parties until October 30, 2024.

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//

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//

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STIPULATION AND ORDER CONTINUING APRIL 26
TRO AS TO WEAR AND SWAIN PARTIES
(2:24-cv-01164-TL) – 2

CORR CRONIN LLP

1015 Second Avenue, Floor 10
Seattle, Washington 98104-1001
Tel [phone]
Fax [phone]

STIPULATED ORDER

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Pursuant to the parties’ stipulation, it is so ordered. The April 26 TRO, as amended,

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shall be continued through October 30, 2024 as to the Wear and Swain Parties. Pacific

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Parties may file any Motion for Preliminary Injunction by October 3, 2024. The Wear and

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Swain Parties reserve all defenses.

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DATED this 30th day of August, 2024.

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Tana Lin
United States District Court Judge

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STIPULATED AND PRESENTED this 29th day of August, 2024, by:
CORR CRONIN LLP

PATRICK L. VAIL PLLC

s/ John T. Bender
John T. Bender, WSBA No. 49658
Kristen F. Barnhart, WSBA No. 51135
CORR CRONIN LLP
1015 Second Avenue, Floor 10
Seattle, WA 98104-1001
Telephone: [phone]
[e-mail]
[e-mail]
Counsel for Pacific Parties

s/ Patrick L. Vail
Patrick L. Vail, WSBA No. 34513
1000 2nd Ave St 1770
Seattle, WA 98104
Email: [e-mail]
Counsel for Defendants Ryan Wear and
Elizabeth Swain

I certify that this memorandum contains 450
words, in compliance with the Local Civil
Rules

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STIPULATION AND ORDER CONTINUING APRIL 26
TRO AS TO WEAR AND SWAIN PARTIES
(2:24-cv-01164-TL) – 3

CORR CRONIN LLP

1015 Second Avenue, Floor 10
Seattle, Washington 98104-1001
Tel [phone]
Fax [phone]

CERTIFICATION

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Undersigned counsel certifies that on August 27 and August 28, 2024, they conferred

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with Counsel for Defendants Ryan Wear and Elizabeth Swain in the state court action captioned

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as Pacific Water Technology, LLC et al v. Ryan Wear et al., Case No. 24-2-2887-31 (the

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“Pacific Parties Action”) with respect to this stipulation and proposed order. Counsel for

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Defendants Ryan Wear and Elizabeth Swain subsequently stipulated to this stipulation and

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proposed order to continue the April 26 TRO.

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In addition, out of an abundance of caution, the undersigned counsel certifies their

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efforts to confer with the parties in the related consolidated cases by phone and/or via e-mail

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prior to filing the above motion. See Declaration of Kristen F. Barnhart dated August 29, 2024,

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filed contemporaneously herewith.

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Certified and dated this 29th day of August, 2024, by

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CORR CRONIN LLP

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s/ John T. Bender
John T. Bender, WSBA No. 49658
Kristen F. Barnhart, WSBA No. 51135
CORR CRONIN LLP
1015 Second Avenue, Floor 10
Seattle, WA 98104-1001
Telephone: [phone]
[e-mail]
[e-mail]
Counsel for Pacific Parties

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STIPULATION AND ORDER CONTINUING APRIL 26
TRO AS TO WEAR AND SWAIN PARTIES
(2:24-cv-01164-TL) – 4

CORR CRONIN LLP

1015 Second Avenue, Floor 10
Seattle, Washington 98104-1001
Tel [phone]
Fax [phone]

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CERTIFICATE OF SERVICE
I hereby certify that on August 30, 2024, I electronically filed the foregoing document

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with the Clerk of the Court using the CM/ECF system, which will send notification of such

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filing to those attorneys of record registered on the CM/ECF system. All parties (if any) shall

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be served in accordance of the Federal Civil Rules of Procedure.

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DATED this 30th day of August, 2024.
s/ Wen Cruz
Wen Cruz, Legal Assistant

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STIPULATION AND ORDER CONTINUING APRIL 26
TRO AS TO WEAR AND SWAIN PARTIES
(2:24-cv-01164-TL) – 5

CORR CRONIN LLP

1015 Second Avenue, Floor 10
Seattle, Washington 98104-1001
Tel [phone]
Fax [phone]