Issaquah Talus Suit

Case 2:18-cv-00910 Document 1 Filed 06/21/18 Page 1 of 4
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UNITED STATES DISTRICT COURT
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FOR THE WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE
9 CITY OF ISSAQUAH, a municipal USDC Case No.

Corporation,
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Plaintiff, Superior Court Case No. 18-2-15100-7 SEA
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v. NOTICE OF REMOVAL
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ORA TALUS 90, LLC, a Delaware limited
13 liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
14 company,
15 Defendants.
16 TO THE CLERK OF THE ABOVE-ENTITLED COURT:

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18 PLEASE TAKE NOTICE that pursuant to 28 U.S.C. § 1441(b) defendants ORA Talus 90,
19 LLC (“ORA Talus”) and Resmark Equity Partners, LLC (“Resmark”) hereby remove this action
20 from the Superior Court of the State of Washington for the County of King to the United States
21 District Court for the Western District of Washington. In support of this Notice of Removal, ORA
22 Talus and Resmark allege as follows:
23 This civil action was instituted by plaintiff City of Issaquah (the “City”) by the filing of
24 a complaint (the “Complaint”) on June 18, 2018 in the Superior Court of the State of Washington
NOTICE OF REMOVAL - 1 TOUSLEY BRAIN STEPHENS PLLC

1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. 206.682.5600 FAX 206.682.2992
1 for the County of King (Case No. 18-2-15100-7 SEA). A true and correct copy of the Complaint is
2 annexed hereto as Exhibit A.
3 The only defendants in the action are defendant ORA Talus and defendant Resmark.
4 The first date upon which defendant ORA Talus received a copy of the Complaint was
5 June 19, 2018, when ORA Talus’s and Resmark’s counsel obtained a copy of the Complaint from a
6 non-party to the action who had learned of it. On June 20, 2018, ORA Talus was informed by its
7 agent for service of process in the State of Washington that the agent had been served with process
8 on June 19, 2018. As of the date of this Notice, to Resmark’s knowledge, Resmark has not been
9 served with process.
10 This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(2)
11 and the action is one which may be removed to this Court by defendants ORA Talus and Resmark
12 pursuant to the provisions of 28 U.S.C. § 1441(b), in that it is a civil action between citizens of
13 different States and the matter in controversy exceeds the sum of $75,000 exclusive of interest and
14 costs in that the prayer for relief in the Complaint seeks “the principal sum of at least $2,883,285.”
15 (Complaint Par. 32).
16 Complete diversity of citizenship exists in that plaintiff the City is a municipal
17 corporation organized under the laws of the State of Washington and defendants ORA Talus and
18 Resmark are limited liability companies organized under the laws of the State of Delaware and all of
19 their members are citizens of Delaware, California or Maryland.
20 Venue in the Western District of Washington is proper in that the action was filed in the
21 County of King, State of Washington which is encompassed in the Western District of Washington.
22 This Notice of Removal has been timely filed pursuant to 28 U.S.C. § 1441(b).
23 There is no other defendant who has been named or served who is required to join in
24 this Notice of Removal.

TEL. 206.682.5600 FAX 206.682.2992
1 Defendants ORA Talus and Resmark reserve all of their defenses to this action.
2 A copy of all process, complaint, summons, case schedule and all other pleadings
3 obtained by defendants ORA Talus and Resmark as of the date of this Notice have been attached
4 hereto as Exhibit A.
5 In compliance with 28 U.S.C. § 1446(d), notice of the filing of this Notice of Removal
6 will be served promptly on all adverse parties in this action.
7 In compliance with 28 U.S.C. 21 § 1446(d), a copy of this Notice of Removal will be
8 filed promptly with the Superior Court of the State of Washington for the County of King.
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DATED: this 21st day of June, 2018.
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11 TOUSLEY BRAIN STEPHENS PLLC
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By: s/ChristopherI.Brain
13 Christopher I. Brain, WSBA #5054
14 Seattle, Washington 98101
Telephone: (206) 682-5600
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Fax: (206) 682-2992
16 Email: cbrain@tousley.com
17 Attorneys for Defendant, ORA Talus 90, LLC and

Resmark Equity Partners, LLC
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TEL. 206.682.5600 FAX 206.682.2992
1 CERTIFICATE OF SERVICE
2 I hereby certify that on June 21, 2018, I electronically filed the foregoing with the Clerk of
3 the Court using the CM/ECF system which will send notification of such filing to all counsel of
4 record.
5 DATE this 21st day of June, 2018.
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7 s/ChristopherI.Brain
Christopher I. Brain, WSBA #5054
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TOUSLEY BRAIN STEPHENS PLLC
9 1700 Seventh Avenue, Suite 2200
10 Telephone: 206.682.5600
Fax: 206.682.2992
6180/005/516099.1
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TEL. 206.682.5600 FAX 206.682.2992
Case 2:18-cv-00910 Document 1-1 Filed 06/21/18 Page 1 of 17
EXHIBIT A
CT
PLEASE NOTE:
SERVICE TAKEN FOR:

ORA TALUS 90 LLC
Wotters Kiuwer
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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
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CITY OF ISSAQUAH, a municipal
8 corporation, I NO. 18-2-15100-7 SEA
9 Plaintiff, SUMMONS
10 V.
11 ORA TALUS 90, LLC, a Delaware limited

liability company; and RESMARK EQUITY
12 PARNERS, LLC, a Delaware limited liability
company,
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Defendants.
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15 TO: Defendants
16 A lawsuit has been started against you in the above-entitled Court by the City of
17 Issaquah. Plaintiffis claims are stated in the written Complaint, a copy of which is served
18 upon you with this Summons.
19 In order to defend against this lawsuit, you must respond to the Complaint by stating
20 your defense in writing, and by serving a copy upon the person signing this Summons within
21 twenty (20) days after the service of this Summons, excluding the day of service, or a default
22 judgment may be entered against you without notice. A default judgment is one where
23 entitled to what has been asked for because you have not responded. If you serve a notice of
24 appearance on the undersigned person, you are entitled to notice before a default judgment
25 may be entered.
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skeil.engerbender
SUMMONS - I I
1301 - Fifth Avenue, Suite 3401

Seattle, Washington 98101-2605
(206) 623-6501
015347-00101 2601023.docx
1-4 Case 2:18-cv-00910 Document 1-1 Filed 06/21/18 Page 4 of 17
1 You may demand that the Plaintiff file this lawsuit with the Court. If you do so, the
2 demand must be in writing and must be served upon the person signing this Summons.
3 Within fourteen (14) days after you serve the demand, the Plaintiff must file this lawsuit with
4 the Court, or the service on you of this Summons and Complaint will be void.
5 If you wish to seek the advice of an attorney in this matter, you should do so promptly
6 so that your written response, if any, may be served on time.

7 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the
8 State of Washington.
9 Dated this 181h day of June, 2018.
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Terence J. Scaiilan, WSBA #19498
11 Patricia A. Robert, WSBA #467 16
SKELLENGER BENDER, P.S.
12 1301 5th Avenue, Ste. 3401
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Seattle, WA 98101-2605
13 Telephone: 206-623-6501
Facsimile: 206-447-1973
14 Attorneys for Plaintiff City of Issaquah
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skellengerbender
SUMMONS —2 I
(206) 623-6501
015347-00101 2601023.docx
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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
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CITY OF ISSAQUAH, a municipal
8 corporation, I NO. 18-2-15100-7 SEA
9 Plaintiff, COMPLAINT
10 V.
11 ORA TALUS 90, LLC, a Delaware limited

12 PARNERS, LLC, a Delaware limited liability
company,
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Defendants.
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COMES NOW Plaintiff CITY OF ISSAQUAH, by and through its attorneys of
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record, Skellenger Bender, P.S., and alleges as follows:
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I. PARTIES
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Plaintiff, the City of Issaquah ("The City"), is a municipal corporation located
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in King County, Washington.
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ORA Talus 90, LLC ("ORA Talus 90") is a Delaware limited liability
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company, and owner of a land parcel commonly referred to as Talus Parcel 9, located in
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Issaquah, King County, Washington.
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Resmark Equity Partners, LLC ("Resmark") is a Delaware limited liability
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company, and an affiliate of ORA Talus 90, conducting business in Issaquah, King County,
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Washington.
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skeliengerbender
COMPLAINT - I I

(206) 623-6501
015347-00101 2280807.docx
1 II. JURISDICTION AND VENUE

2 4. All acts and omissions giving rise to this claim occurred in King County,
3 Washington at all relevant times.
4 5. This Court has subject matter jurisdiction over this action pursuant to RCW
5 2.08.0 10 and personal jurisdiction over the Parties.
6 6. At least one defendant conducted business in King County, Washington, at all
7 relevant times.
8 7. Venue is appropriate in King County Superior Court, at Seattle, pursuant to
9 RCW 4.12.020 and 4.12.025.
10 III. FACTUAL ALLEGATIONS
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8. The Talus Master Planned Development (the "Talus Development") is a 640-
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acre community located in Issaquah, Washington, on or near Cougar Mountain above State
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Route 900, which originated in the late-1990s.
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9. Within the Talus Development are three parcels of land commonly referred to
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as Talus Parcel 7, Talus Parcel 8, and Talus Parcel 9.
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10. Defendant ORA Talus 90 acquired title to Talus Parcel 9 on July 22, 2014,
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from its previous owner, Talus 9 Investment, LLC. On July 28, 2014, Talus 9 Investment
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conveyed fee title to Talus Parcel 9 to ORA Talus 90.
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11. Talus 7 &8 Investment, LLC, a Washington limited liability company, is the
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owner of those certain parcels of land commonly referred to as Talus Parcel 7 and Talus
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Parcel 8.
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12. Talus Parcel 9 is located west of the intersection of Talus Drive and Shangri-
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La Way Northwest and east of Talus Parcel 8. The road, Shangri-La Way NW, runs along
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Talus Parcel 8 and Talus Parcel 9. Shangri-La Way NW is a public right of way.
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skeilengerbender
COMPLAINT —2 I I
1301 Fifth Avenue, Suite 3401
-

(206) 623-6501
015347.00101 2280807.docx
1 Talus Parcel 9 is also located on a relatively steep hillside. As of 2015, Talus

2 Parcel 9's ground elevations ranged from 480 to 608 feet adjacent to Talus Parcel 7 and Talus
3 Parcel 8, and is directly below Talus Parcel 8.
4 The City entered into an RCW 36.7013.170 development agreement on
5 December 6, 1999 (the "Talus DA"). The Talus DA, which was updated in 2009, created the
6 development standards, procedures and land use regulations that govern the Talus
7 Development. The Talus DA Appendix E included Critical Area Standards, which specifies
8 site-specific slope buffers, safety factors, and required stability and geotechnical analyses be
9 performed.
10 As part of the Talus Development, the City also created an extensive
11 subdivision and permitting process to ensure adequate geotechnical evaluation of that
12 proposed development.
13 The Talus Development underwent extensive State Environmental Policy Act
14 ("SEPA") geotechnical review, which culminated in the publication of three environmental
15 impact statements ("EIS"). These EISs evaluated critical areas of the site's geology,
16 including landslide and steep slope areas, in a manner consistent with the City's 1996 Critical
17 Areas Ordinance ("CAO")
18 On or about February 19, 2014, the City received an application for approval
19 of a preliminary plat for Talus Parcels 7, 8, and 9. Critical area studies were also submitted as
20 part of the preliminary plat application, which the City's consultants reviewed and provided
21 comments to. The critical area studies for the three parcels (Talus Parcels 7, 8, and 9) each
22 concluded that: "Results of our stability analysis indicates that alterations to the steep slopes
23 would not impact stability and that acceptable safety factors against slope failures would be
24 provided post construction." The City's Development Review Services staff approved this.
25 On April 15, 2014, the City's Urban Village Development Commission
26 ("UVDC") held a public hearing on the preliminary plat of Talus Parcels 7, 8, and 9. On
skellengerbender
COMPLAINT —3 I I
(206) 623-6501
015347-00101 2280807.docx
1 April 24, 2014, the UVDC adopted findings and conclusions in support of its
2 recommendations on Talus Parcels 8 and 9.
3 19. On June 2, 2014, the City Council adopted the UVDC's findings, conclusions
4 and recommendation and approved the preliminary plat subject to 32 conditions.
5 20. Construction grading and site development began on Talus Parcel 9 in
6 September 2015. It included rough grading and the construction of soldier pile walls along
7 the north and upper west side of Talus Parcel 9.
8 21. On October 31, 2015, and November 1, 2015, there was evidence of soil
9 movement in the form of subsidence, soldier pile wall displacement, and minor tension
10 cracking on Talus Parcel 9. This was the beginning of a landslide that continued to move
11 downslope and expand. Additional ground movements occurred in the form of pavement
12 uplift on Shangri-La Way where it intersects with Talus Drive. On November 13, 2015, in
13 response to the significant uplift movement on Shangri-La Way, Terra Associates directed
14 Terra Talus, the Contractor, to construct a rock buttress at the toe of the landslide. This
15 reduced but did not eliminate movement at the toe of the landslide.
16 22. Following the mitigation work on November 13, 2015, the Contractor began
17 removing fill soil from the upper portion of the landslide. Borings were drilled on Talus
18 Parcel 9 as well as the adjacent right of way. Additional measures were taken, including
19 dewatering, to slow the slope displacement on Talus Parcel 9 and stabilize the land to
20 minimize additional damage to it and City infrastructure.
21 23. The slide area on Talus Parcel 9 was monitored following the landslide and
22 this monitoring continues today. On February 22, 2016, Terra Associates submitted a Critical
23 Areas Report for Talus Parcel 9 Landslide that indicated no further movement was occurring.
24 The City and its geotechnical consultants reviewed this report and disagreed with many of the
25 assertions and conclusions presented.
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skellengerbender I
COMPLAINT —4
1301 Fifth Avenue, Suite 3401
-

(206) 623-6501
015347-00101 2280807.docx
1 24. As a result of the soil movement and landslide that occurred on Talus Parcel 9
2 in or around November 2015, the City suffered damage to its infrastructure, including, but not
3 limited to, damage in and around the intersection of Shangri-La Way NW and Talus Drive at
4 the toe and Foothills Drive as the headscarp.
5 25. The landslide also impacted the City's water facilities.
6 26. As a result, the City had to undertake remedial measures and repairs.
7 IV. CAUSE OF ACTION
(Negligence)
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27. Plaintiff realleges and incorporates by reference paragraphs 1 through 26 as if
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fully set forth herein.
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28. Defendants owed a duty to the City to use reasonable care to avoid injury and
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harm to the City's property and infrastructure.
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29. By their actions, Defendants breached their duties owed to the City and their
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responsibilities to execute reasonable care to prevent their construction activities from causing
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harm to foreseeable endangered property.
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30. Defendants' acts and omissions directly and proximately caused and
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substantially contributed to causing harms and losses to the City, as alleged in this Complaint.
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31. The City is entitled to be compensated for its damages arising from the
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allegations alleged in this Complaint.
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V. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff prays for judgment on all causes of action to be entered in its
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favor against Defendants as follows:
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32. For the principal sum of at least $2,883,285;
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33. For pre and post judgment interest at the maximum legal rate from a date
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according to proof,
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34. For costs of suit incurred herein, including but not limited to reasonable
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attorneys' fees; and
skellengerbender
COMPLAINT —5 I
Seattle, Washington 98 101-2605
(206) 623-6501
1 015347-00101 2280807.docx
1 35. For such further and additional relief as the Court deems just and equitable.
2 Dated this 181h day of June, 2018.
3
Terence J. Scanlan, WSBA #19498
4 Patricia A. Robert, WSBA #467 16
SKELLENGER BENDER, P.S.
5 1301 5'h Avenue, Ste. 3401
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Seattle, WA 98 101-2605
6 Telephone: 206-623-6501
Facsimile: 206-447-1973
7 Attorneys for Plaintiff City of Issaquah
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skellengerbender
COMPLAINT —6
(206) 623-6501
015347-00101 2280807.docx
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF KJNG
City of Issaquah NO. 18-2-15100-7 SEA

Plaintiff(s), ORDER SETTING CIVIL CASE SCHEDULE
vs.
ASSIGNED JUDGE: Donohue, Karen, Dept. 22
ORA Talus 90, LLC, and Resmark
Equity Partners, LLC FILED DATE: 6/18/2018
Respondent(s) TRIAL DATE: 6/17/2019
SCOMIS CODE: *ORSCS
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 ofthis Order Setting Case Schedule (Schedule) on the
Defendant(s) along with the Summons and Cotnplaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the
Defendant(s) within 10 days after the later of: (I) the filing of the Summons and Complaint/Petition or(2) service of
the Defendants first response to the Con*plainl/Petition, whether that response is a Notice ofAppearance, a response,
or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proofofmailing 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."
PRENTNAME SIGNNAME
I. NOTICES (continued)
NOTICE TO ALL PARTIES:

All attorneys and parties should make themselves familiar with the King County Local Rules [KCLCR] 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 3 7(g)].
CROSSCLAIMS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS:

A filing fee of $240 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 ora Statement ofArbitrability must be filed by the deadline in the
schedule. The court will review the confirmation ofjoinder document to determine if a hearing is required. If a Show
Cause order is issued, all parties cited in the order must appearbefore their Chief Civil Judge.
PFI4DING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE
When a final decree, judgment, or order ofdismissal 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 notifting 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 ass igned judge. If a final decree, judgment or
order of dismissal of all parties and claims is not filed by 45 days after a Notice ofSettlement,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 FILINGAND TRIAL DE NOVO POST ARBITRATION FEE:

A Statement ofArbitrability 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 afee authorized by King County Code 4A.630.020 whenever the Superior Court Clerk must
send notice of non-compliance of schedule requirements and/orLocal Civil Rule 41.
King County Local Rules are available for vieing at ww.kingcountv.ov/courts/cIerk.

H. CASE SCHEDULE
CASE EVENTS DATE

Case Filed and Schedule Issued. 6/18/2018
'/ Last Day for Filing Statement ofArbitrability without a Showing of Good Cause for Late Filing [See 11/26/2018
KCLMAR2.1(a) and Notices onpage2]. $220 Arbitration fee must be paid
DEADLINE to file Confirmation ofJoinder if not subject to Arbitration [See KCLCR 4.2(a) and 11/26/2018
-
Notices on page 21
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DEADLINE for Hearing Motions to Change Case Assignment Area [KCLCR 82(e)] 12/10/2018
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DEADLINE for Disclosure of Possible Primaiy Witnesses [See KCLCR 26(k)] 1/14/2019
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DEADLINE for Disclosure of Possible Additional Witnesses [KCLCR 26(k)] 2/25/2019
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DEADLINE for Jury Demand [See KCLCR 38(b)(2)] 3/11/2019
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DEADLINE for Change in Trial Date [See KCLCR 40(e)(2)] 3/11/2019
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DEADLINE for Discovery Cutoff [See KCLCR 37(g)] 4/29/2019
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DEADLINE for Engaging in Alternative Dispute Resolution [See KCLCRI6(b)] 5/20/2019
DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits [See KCLCR 40)] 5/28/2019
•7 DEADLINE to file Joint Confirmation of Trial Readiness [See KCLCR I6(a)(I)] 5/28/2019
DEADLINE for Hearing Dispositive Pretrial Motions [See KCLCR 56;CR56] 6/3/2019
T Joint Statement of Evidence [See KCLCR 4(k)] 6/10/2019
DEADLINE for filing Trial Briefs, Proposed Findings of Fact and Conclusions of Law and Jury 6/10/2019
-
Instructions (Do not file proposed Findings of Fact and Conclusion ofLaw with the Clerk) _
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Trial Date [See KCLCR 40] 6/17/2019
The') indicates a document that must be filed with the Superior Court Clerk's Office by the date shown.
III. ORDER
Pursuant to King County Local 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 Rule 4(g) and Rule 37 ofthe Superior
Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action
nuii serve this Order Setting Civil Case Schedule and attachment on all other parties.
DATED: 6/18/20 18
PRESIDING JUDGE
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: Ifyou 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 www.kin ecounty .cov/cou rts/clerk/ru cs/Civil.
CASE SCHEDULE AND REQUIREMENTS: Deadlines are setby thecase schedule,issued pursuantto 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 july demand has been filed, the expected duration ofthe trial,
whether a settlement conference has been held, and special problems and needs (e.g., interpreters, equipment).
The Joint Confirmation Regarding Trial Readiness form is available at www.kiiigcountv.gov/coutis/sclbrms . If parties
wish torequestaCR 16 conference, they must contact the assigned court. Plaintiff's/petitioner's counsel is responsible
for contacting the other parties regarding the report.
B. SettlementiMediation/A DR
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 counteroffer, if appropriate).
Twenty eight (28) days before the trial date, a Settlement/Mediation/A DR 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 am. 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 court's civil standby calendaron the King County Superior Court
webs ite www.kingco unty. go v/courts/superiorco urt to confirm the trial judge assignment.
MOTIONS PROCEDURES
A. Noting of Motions
Dispositive Motions: All summaly judgment or other dispositive motions will be heard with oral argument before the
assignedjudge. 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 summaiy judgment or other motions
that dispose of the case in whole or in part. The local civil rules can be found at
www.kin ccounty .cov/cou rtslcicrklru les/Civil.
Non-dispositive 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 fora date by which theruling is
requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time ofday, 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 ww.v.Lingcountv.cov/couiis/clerk/rules/Civil.
Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions
relating to trial dates and motions to vacatejudgments/dismissals shall be brought before the assignedjudge. 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 \\ww.kingcountv.cov/eourts/clerk!wles.
Emergency Motions: Under the court's local civil rules, emergency motions will usually be allowed only upon entry
of an Order Shortening Time. However, some emergency motions may be brought in the Ex Parte and Probate
Department as expressly authorized by local rule. In addition, discovery disputes may be addressed by telephonecall
and without written motion, if thejudge approves in advance.
Original Documents /Work i ng 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 vww.kinccountv.gov/courts/clerk regarding
the 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 local rules can be found at
www.kin county .ov/cou its/clerk/rules.
The working copies of all documents in support or opposition must be marked on the upperright corner of the first page
with the date of consideration or hearing and the name of the assigned judge. The ass igned 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. Working copies can be submitted
through the Clerk's office E-Filing application at www.kingcountv.gov/courts/clerk/documents/eWC.
Service of documents: Pursuantto Local General Rule 30(b)(4)(B), e-filed documents shall be electronically served
through the e-Service feature within the Clerk's eFiling application. Pre-registration to accept c-service is required. E-
Service generates a record ofservice document that can bee-filed. Please seethe Clerk's office website at
www.kingcountv .cov/couiis/cleik/documents/efi!in 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. The court may distribute orders electronically. Review the judge's
website for information: www.kincountv .gov/courts/SuDeriorCourt/judges.
Presentation of Orders for Signature: All orders must be presented to the assigned judge or to the Ex Parte and
Probate Department, in accordance with Local Civil Rules 40 and 40.1. Such orders, if presented to the Ex Parte and
Probate Department, shall be submitted through the E-Filing/Ex Parte via the Clerk application bythe attorney(s)of
record. E-filing is not required for self-represented parties (non-attorneys). If the assigned judge is absent, contact the
assigned court for further instructions. If anotherjudge 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 Ex
Parte and Probate Department. Such orders shall be submitted through the E-Filing/Ex Parte via the Clerk
application by the attomey(s)of record. E-filing is not required for self-represented parties (non-attorneys). 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 and Probate
Department, counsel is responsible for providing the assigned judge with a copy.
Form
Pursuant to Local Civil Rule 7(b)(5)(B), the initial motion and opposing memorandum shall not exceed 4,200 words
and reply memoranda shall not exceed 1,750 words without authorization of the court. The word count includes all
portions of the document, including headings and footnotes, except 1) the caption; 2) table ofcontents and/or
authorities, if any; and 3): the signature block. Over-length memorandalbriefs and motions supported by such
memo ran da/briefs may be stricken.
IT IS SO ORDERED. FAILURE To COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN
DISMISSAL OR OTHER SANCTIONS. PLA INT1FF/PEITITONER SHALL FOR WA RD A COPY OF THIS
ORDER AS SOON AS PRACTICABLE TOANY PARTY WHO HAS NOT RECEIVED THIS ORDER.
.....................
PRESIDING JUDGE
SUPERIOR COURT OF WASHINGTON

COUNTY OF KING
City of Issaquah I NO. 18-2-15100-7 SEA
VS
CASE INFORMATION COVER SHEET
ORA Talus 90, LLC, and Resmark Equit AND AREA DESIGNATION
CAUSE OF ACTION
(PRP) - PROPERTY DAMAGE (PRP 2)
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, lssaquah, and North Bend, and all of Vashon and Maury
Islands.
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

City of Issaquah ORA Talus 90, LLC; Resmark Equity Partners, LLC
(b) County of Residence of First Listed Plaintiff King County, WA County of Residence of First Listed Defendant Los Angeles, California
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Terence Scanlan, Skellenger Bender, P.S. Christopher I. Brain, Tousley Brain Stephens PLLC
1301 Fifth Avenue, Suite 3401 1700 Seventh Avenue, Suite 2200
Seattle, WA 98101 Telephone: (206) 623-6501 Seattle, WA 98101 Telephone: (206) 682-5600
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) both defendants of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. § 1332 (a)(2); 28 U.S.C. § 1441(b); 28 U.S.C. § 1446(b); 28 U.S.C. § 1446(d)
VI. CAUSE OF ACTION Brief description of cause:
Dispute related to property damages caused by a landslide
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 2,883,285.00 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
06/21/2018 /s/ Christopher I. Brain
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

6
UNITED STATES DISTRICT COURT
7 FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
CITY OF ISSAQUAH, a municipal corporation,
9 Plaintiff,
10 NO. 2:18-cv-00910
v.
ORA TALUS 90, LLC, a Delaware limited CERTIFICATE OF SERVICE

11
12 PARTNERS, LLC, a Delaware limited liability
company,
13 Defendants.
14
15 Pursuant to LCR 101(b)(2) the following is a list of all counsel who have appeared in
16 the action with the contact information, including email address:
17 Attorneys for Plaintiff:
18 Terence J. Scanlan, WSBA# 19498

Skellenger Bender, PS
19 1301 5th Avenue, Suite 3401
20 Telephone (206) 623-6501
Fax: (206) 447-1973
21 Email: tscanlan@skellengerbender.com
22
23
24

CERTIFICATE OF SERVICE (2:18-00910) - 1 1700 Seventh Avenue, Suite 2200
TEL. 206.682.5600  FAX 206.682.2992
1 Patricia A. Robert, WSBA #46716

Skellenger Bender, PS
2 1301 5th Avenue, Suite 3401
3 Telephone (206) 623-6501
Fax: (206) 447-1973
4 Email: probert@skellengerbender.com
5 Attorneys for Defendants:
6 Christopher I. Brain, WSBA #5054

Tousley Brain Stephens PLLC
8 Telephone: (206) 682-5600
Fax: (206) 682-2992
10
DATED this 21st day of June, 2018.
11
12
By: s/ Christopher I. Brain
14 Telephone: 206.682.5600
Fax: 206.682.2992
16 Attorneys for Defendants ORA Talus 90, LLC and

Resmark Equity Partners, LLC
17
18
19
20
21
22
23
24

TEL. 206.682.5600  FAX 206.682.2992
1
CERTIFICATE OF SERVICE
2
I hereby certify that on June 21, 2018, I electronically filed the foregoing with the Clerk
3 of the Court using the CM/ECF system which will send notification of such filing to all parties
4 registered on the CM/ECF system. All other parties (if any) shall be served in accordance with
5 the Federal Rules of Civil Procedure.
DATED at Seattle, Washington, this 21st day of June, 2018.

6
7
s/ Christopher I. Brain
Attorneys for Defendants
9 6180/005/516150.1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

TEL. 206.682.5600  FAX 206.682.2992

Issaquah Talus Suit

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Case 2:18-cv-00910 Document 1 Filed 06/21/18 Page 1 of 4

9 CITY OF ISSAQUAH, a municipal USDC Case No.

16 TO THE CLERK OF THE ABOVE-ENTITLED COURT:

22 Talus and Resmark allege as follows:

NOTICE OF REMOVAL - 1 TOUSLEY BRAIN STEPHENS PLLC

NOTICE OF REMOVAL - 2 TOUSLEY BRAIN STEPHENS PLLC

11 TOUSLEY BRAIN STEPHENS PLLC

17 Attorneys for Defendant, ORA Talus 90, LLC and

NOTICE OF REMOVAL - 3 TOUSLEY BRAIN STEPHENS PLLC

NOTICE OF REMOVAL - 4 TOUSLEY BRAIN STEPHENS PLLC

SERVICE TAKEN FOR:

11 ORA TALUS 90, LLC, a Delaware limited

18 upon you with this Summons.

1301 - Fifth Avenue, Suite 3401

6 so that your written response, if any, may be served on time.

11 ORA TALUS 90, LLC, a Delaware limited

1301 - Fifth Avenue, Suite 3401

1 II. JURISDICTION AND VENUE

Seattle, Washington 98101-2605

1 Talus Parcel 9 is also located on a relatively steep hillside. As of 2015, Talus

Seattle, Washington 98101-2605

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

City of Issaquah NO. 18-2-15100-7 SEA

NOTICE TO ALL PARTIES:

CROSSCLAIMS, COUNTERCLAIMS AND THIRD PARTY COMPLAINTS:

NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES:

ARBITRATION FILINGAND TRIAL DE NOVO POST ARBITRATION FEE:

NOTICE OF NON-COMPLIANCE FEES:

King County Local Rules are available for vieing at ww.kingcountv.ov/courts/cIerk.

CASE EVENTS DATE

IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE

READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE.

A. Joint Confirmation regarding Trial Readiness Report

SUPERIOR COURT OF WASHINGTON

City of Issaquah I NO. 18-2-15100-7 SEA

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Reset

ORA TALUS 90, LLC, a Delaware limited CERTIFICATE OF SERVICE

16 the action with the contact information, including email address:

17 Attorneys for Plaintiff:

18 Terence J. Scanlan, WSBA# 19498

TOUSLEY BRAIN STEPHENS PLLC

1 Patricia A. Robert, WSBA #46716

5 Attorneys for Defendants:

6 Christopher I. Brain, WSBA #5054

16 Attorneys for Defendants ORA Talus 90, LLC and

TOUSLEY BRAIN STEPHENS PLLC

5 the Federal Rules of Civil Procedure.

DATED at Seattle, Washington, this 21st day of June, 2018.

TOUSLEY BRAIN STEPHENS PLLC

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