Scribd Logo
Upload

Welcome to Scribd!

  • 99 views

    Declaration of Evan Bariault

    Uploaded by

    Ben Winslow
    The declaration summarizes the service of a temporary restraining order on the defendants. It states that the defendants were served certified copies of the TRO at their residence on August 26, 2011 at 8:03 pm, requiring them to immediately stop publishing or distributing journal entries by Susan Cox Powell. The declaration also notes that as of August 31, the website still had not been updated to remove the journal entries per the TRO order. Attached are true copies of emails confirming service on each defendant.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Declaration of Evan Bariault

    Uploaded by

    Ben Winslow
    99 views11 pages
    The declaration summarizes the service of a temporary restraining order on the defendants. It states that the defendants were served certified copies of the TRO at their residence on August 26, 2011 at 8:03 pm, requiring them to immediately stop publishing or distributing journal entries by Susan Cox Powell. The declaration also notes that as of August 31, the website still had not been updated to remove the journal entries per the TRO order. Attached are true copies of emails confirming service on each defendant.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The declaration summarizes the service of a temporary restraining order on the defendants. It states that the defendants were served certified copies of the TRO at their residence on August 26, 2011 at 8:03 pm, requiring them to immediately stop publishing or distributing journal entries by Susan Cox Powell. The declaration also notes that as of August 31, the website still had not been updated to remove the journal entries per the TRO order. Attached are true copies of emails confirming service on each defendant.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    99 views11 pages

    Declaration of Evan Bariault

    Uploaded by

    Ben Winslow
    The declaration summarizes the service of a temporary restraining order on the defendants. It states that the defendants were served certified copies of the TRO at their residence on August 26, 2011 at 8:03 pm, requiring them to immediately stop publishing or distributing journal entries by Susan Cox Powell. The declaration also notes that as of August 31, the website still had not been updated to remove the journal entries per the TRO order. Attached are true copies of emails confirming service on each defendant.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 11

    E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON August 31 2011 12:24 PM

    The Honorable Vicki L. Hogan


    KEVIN STOCK COUNTY CLERK

    2
    3

    NO: 11-2-13049-1

    4
    5

    6 7
    8

    SUPERIOR COURT OF WASHINGTON IN AND FOR PIERCE COUNTY

    CHARLES COX and JUDY COX, husband and wife,


    Plaintiffs,
    v.

    NO.

    11-2-13049-1

    10
    11

    JOSHUA POWELL; STEVEN POWELL; ALINA POWELL; and MICHAEL POWELL,

    DECLARATION OF EVAN D. BARIAUL T IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

    12

    13 14
    15 16

    Defendants.

    I, Evan D. Bariault, declare under penalty of perjury as follows:


    1.

    I am an attorney for Plaintiffs Charles and Judy Cox in this matter. I make this

    declaration based on personal knowledge and am competent to testify to the matters contained
    herein.
    2.

    17 18
    19

    On August 26, 201 1, Commissioner Mary Dicke granted Plaintiffs' request for a

    Temporary Restraining Order against defendants requiring that they immediately refrain from
    any further publication or distribution of Susan Cox Powell's journal entries. Additionally, the

    20
    21

    order further requires defendants to immediately remove any journal entries and any content
    obtained or derived from Susan Cox Powells journals from the website SusanPowell.org or any
    other public forum where content from the journals is published.
    DECLARATION OF EVAN D. BARIAUL T IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION - I
    11532.030894 800248,

    22 23

    STAFFORD FREY COOPER


    PROFESSIONAL CORPORATION

    601 Union Street, Suite 3100

    Seattle WA 981011374

    TEL 2066239900 FAX 2066246885

    a. Attached hereto as Exhibit A is a true and correct copy of the Temporary


    Restraining Order.

    2 3
    3.

    Defendants were duly served with certified copies of the Temporary Restraining

    4 Order on August 26, 201 1, at approximately 8:03 p.m.


    5 a. Attached hereto as Exhibit B are true and correct copies of emails received

    6 from ABC Process Servers notifying Plaintiffs that each named defendant had

    7 been served at their place of residence.


    8
    4.

    reviewed the website SusanPowell.org on August 31, 201 I, and personally

    9 witnessed that no journal entries and/or content derived or obtained from Susan Cox Powell's

    10 journal entries had been removed from the site pursuant to the Temporary Restraining Order as

    11 of that date.
    12
    5.

    Defendants were served with Plaintiffs' Motion for Preliminary Injunction on

    13 August 31, 20 I 1.

    14 I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE


    OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
    15 16 17 18

    19

    20
    21

    22 23
    DECLARATION OF EVAN D. BARIAULT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION - 2
    11532.030894 800248,

    STAFFORD FREY COOPER


    PROFESSIONAL CORPORATION

    601 Union Street, Suite 3100


    Seattle WA 981011374

    TEL 2066239900 FAX 2066246885

    Exhibit A
    Declaration of Evan D. Bariault in Support of Motion for Preliminary Injunction

    L "\
    .,

    IN COUNTY CLERK'S OFFICE

    FILED

    4
    5

    AM. AUG 2 ~ 2011 P.M.


    PIERCE COUNT '/ INGTO KEVIN STOCK: C nty Clerk

    BY DEPUT

    6
    7

    SUPERIOR COURT OF WASHINGTON

    IN AN FOR PffRCE COUN


    CHAES COX and JUDY COx, husband and
    NO.

    11 2 13049 1

    9 10
    11

    wife,

    Plaitiff,
    v.

    ORDER GRAING PLAIFF'


    MOTION FOR TEMPORAY

    RESTRING ORDER

    JOSHUA POWELL; STEVEN POWELL; ALINA POWELL; and MICHAEL POWELL,

    12

    13

    Defendants.

    14
    15
    16

    THIS MATTR comes before the Cour on Plaitiffs' Motion for Temporar Restraig
    Order. The Cour has reviewed the following pleadings:

    1. Plaitiffs' Motion for Tempora Restraig Order


    2. Declaration of Charles Cox and exhbits attched thereto; and

    17
    18

    3. Plaintiffs' Complait for Damages.


    Being fully advised, the Cour makes the following fidings:
    1. Plaitiffs have suffered and will contiue to suffer severe mental distress and

    19

    20
    21

    angush as a result of defendants' publication and distrbution of Susan Cox Powell's joural

    22 23

    entres.

    ORDER GRAG PLAIS' MOTION FOR

    STAFFORP FRt COOPER.


    PROFESSIONAL CORPORATION

    TEORAY RESTRG ORDER - 1 11532.c 79

    601 Union str Suit 3100


    Seatt WA 98101.1374

    TEL 206.623.99 FAX 206.624.685

    ,
    1

    2. Plaitiffs' injures are ireparle and will only worsen as defendats contiue to

    2
    3

    publish and distrbute Sus Cox Powell's joural entres.


    3. Ths Orer is grted without notice based on Plaintiffs' reped demands that
    defendants ceae publication and distbution of said joural entres and defendants repated

    4
    5

    statements to Plaitiff and varous media outlet that it will contiue to publish and distrbute
    the said joural entres. Plaitiff have a reasnable concer tht defendats will publish the
    jourals in thei enti if given wrtten or oral notice pror to the entr of an order.

    6 7
    8

    The Cour ORDERS the followig:


    (1) Plaitiffs' Motion for

    9
    10
    11

    Tempora Restrg Order is GRAD.

    (2) Defendats shall imediately cee any fuer publicaon of any and al of

    Susan Cox Powell's joural entres or copies thereof;


    (3) Defendants shall imedately remove any joural entres obtaed from Susan

    12

    13
    14 15

    Cox Powell's jours, regadless of who authored said entres, frm the website
    Susanowell.org or any other public fonn where the joural entres are published;
    (4) Defendants shal immediately remove any content obtaed or derved from Susan

    16

    Cox Powell's jourals, regardless of who authored sad entres, frm the website

    17
    18

    Susanowell.org or any other public fonn where the content frm the jourals is published; and
    (5) Defendants shall imediately ceae any fuer distrbution of any and al of
    Susan Cox Powell's joural entres or copies thereof to any thd par, including but not limted

    19

    20
    21

    to, fren, relatives, and varous meda outlet. \ ~ 'd-\ ~~ - ~

    r- ,,'- - \o~". e: ~ ",,,_._~-~...',,.~'''&'' - . --'.. ","' ..~ ..---- ..~


    DONE IN OPEN COURT ths Q.day of Augut, 2011. u
    INCOUNnlCLED
    LERK'S OFFICE

    22 23
    ORDERG

    AM. AUG 2 6 2071

    PIERCE CO P.M.
    8~EVIN STgNTY WASHI

    TI~~

    STAFFORD F~ COOPER.
    PROFESSIONAL CORPORATION

    TEORAY RESTRG ORD


    11532.c 79

    601 Unio Str Sui 3100


    Seatt WA 98101.1374

    TEL 20.623.99 FAX 20.624.68

    ,
    .7

    Presented by:

    STAFFORD FREY COOPER


    2

    By:L~::~ #13269 -/ An~ tmZSBA


    Evan D. Barault, WSBA #42867

    4
    5

    6 7 8 9

    10
    11

    12

    13 14
    15

    16
    17 18 19

    20
    21

    22

    23

    ORDER GRAG PLAS' MOTION FOR TEMPORAY RESTRG ORDER - 3 11532. 79

    STAFFORD F~ COOPER.
    PROFeSSIONAL CORPORATION

    601 Unio Str Suit 3100

    Seatle WA 98101.1374

    TEL 20.623.99 FAX 206.624.68

    Exhibit B
    Declaration of Evan D. Bariault in Support of

    Motion for Preliminary Injunction

    Evan Bariault
    From: Sent: To:
    Misty Scott Monday, August 29, 2011 1 :00 PM Evan Bariault FW: ABC Process Service Notification - 11532-030894

    Subject:

    -----Original Message-----

    From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegai. com)


    Sent: Monday, August 29, 2011 8: 15 AM

    To: Misty Scott


    Subject: ABC Process Service Notification - 11532-030894
    IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.
    MISTY SCOTT,

    Good news! This order has been served:

    ABC tracking #: 6918853 Your reference #: 11532-030894 Case #: 11-2-13049-1 For service on: ALINA POWELL Served to: JOHN DOE Date/Time: AUG 26 2011 8: 03PM Address: 18615 94TH AVENUE CT E, PUYALLUP WA

    To view/ print court-conformed docs go to www.abclegal.com/trackorder/ and enter the Tracking

    #
    The documents on this order were served pursuant to: A) The statutes & court rules of the originating jurisdiction, and or B) The statutes & court rules of the state in where parties are served, and C) Instructions from the customer If service was substituted upon another person or left with a person who refused to identify themselves, please notify ABC Legal in writing, if you want us to re-serve, serve by mail, or

    investigate.
    Service data in this email is deemed accurate and reliable, but is subject to final

    veri fication .

    Evan Bariault
    From: Sent:
    To:
    Misty Scott Monday, August 29, 2011 1 :00 PM Evan Bariault FW: ABC Process Service Notification - 11532-030894

    Subject:

    -----Original Message--- -

    From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)


    Sent: Monday) August 29) 2011 8: 15 AM

    To: Misty Scott


    Subject: ABC Process Service Notification - 11532-030894
    IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.
    MISTY SCOTT,

    Good news! This order has been served:

    ABC tracking #: 6918855 Your reference #: 11532-030894 Case #: 11-2-13049-1 For service on: STEVEN POWELL Served to: JOHN DOE Date/Time: AUG 26 2011 8: 03PM Address: 18615 94TH AVENUE CT E, PUYALLUP WA

    To view/ print court-conformed docs go to www.abclegal.com/trackorder/ and enter the Tracking

    #
    The documents on this order were served pursuant to: A) The statutes & court rules of the originating jurisdiction, and or B) The statutes & court rules of the state in where parties are served, and C) Instructions from the customer If service was substituted upon another person or left with a person who refused to identify themselves, please notify ABC Legal in writing) if you want us to re-serve) serve by mail, or

    investigate.
    Service data in this email is deemed accurate and reliable, but is subject to final

    verification.

    Evan Bariault
    From: Sent:
    To:
    Misty Scott
    Monday, August 29,2011 1 :00 PM

    Subject:

    Evan Bariault FW: ABC Process Service Notification - 11532-030894

    - - - - -Original Message - - -From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)


    Sent: Monday, August 29, 2011 8: 15 AM

    To: Misty Scott


    Subject: ABC Process Service Notification - 11532-030894
    IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.
    MISTY SCOTT,

    Good news! This order has been served:

    ABC tracking #: 6918856 Your reference #: 11532-030894 Case #: 11-2-13049-1 For service on: MICHAEL POWELL Served to: JOHN DOE Date/Time: AUG 26 2011 8: 03PM Address: 18615 94TH AVENUE CT E, PUYALLUP WA

    To view/ print court conformed docs go to www.abclegal.com/trackorder/ and enter the Tracking

    #
    The documents on this order were served pursuant to: A) The statutes & court rules of the originating jurisdiction, and or B) The statutes & court rules of the state in where parties are served, and C) Instructions from the customer if service was substituted upon another person or left with a person who refused to identify themsel ves, please notify ABC Legal in wri ting, if you want us to re- serve, serve by mail, or

    investigate.
    Service data in this email is deemed accurate and reliable, but is subject to final

    veri fication.

    Evan Bariault
    From: Sent:
    To:
    Misty Scott
    Monday, August 29,2011 1 :00 PM

    Subject:

    Evan Bariault FW: ABC Process Service Notification 11532-030894

    -----Original Message-----

    From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)


    Sent: Monday, August 29, 211 8: 15 AM To: Misty Scott Subject: ABC Process Service Notification - 11532-3894

    IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.


    MISTY SCOTT,

    Good news! This order has been served:

    ABC tracking #: 6918854 Your reference #: 11532-3894 Case #: 11-2-1349-1 For service on: JOSHUA POWELL Served to: JOHN DOE Date/Time: AUG 26 211 8: 3PM Address: 18615 94TH AVENUE CT E, PUYALLUP WA

    To view/ print court-conformed docs go to www.abclegal.com/trackorder/ and enter the Tracking

    #
    The documents on this order were served pursuant to: A) The statutes & court rules of the originating jurisdiction, and or B) The statutes & court rules of the state in where parties are served, and C) Instructions from the customer If service was substituted upon another person or left with a person who refused to identify themselves, please notify ABC Legal in writing, if you want us to re-serve, serve by mail, or

    investigate.
    Service data in this email is deemed accurate and reliable, but is subject to final

    verification.

    You might also like