declaration of evan bariault

8/4/2019 Declaration of Evan Bariault

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1 The Honorable Vicki L. Hogan234567 SUPERIOR COURT OF WASHINGTONIN AND FOR PIERCE COUNTY8

9CHARLES COX and JUDY COX, husband andwife,

NO. 11-2-13049-1

10 Plaintiffs,DECLARATION OF EVAN D.BARIAUL T IN SUPPORT OFMOTION FOR PRELIMINARYINJUNCTION

v.11 JOSHUA POWELL; STEVEN POWELL;ALINA POWELL; and MICHAEL POWELL,1213 Defendants.

14 I, Evan D. Bariault, declare under penalty of perjury as follows:15 1. I am an attorney for Plaintiffs Charles and Judy Cox in this matter. I make this16 declaration based on personal knowledge and am competent to testify to the matters contained17 herein.18 2. On August 26, 201 1, Commissioner Mary Dicke granted Plaintiffs' request for a19 Temporary Restraining Order against defendants requiring that they immediately refrain from20 any further publication or distribution of Susan Cox Powell's journal entries. Additionally, the21 order further requires defendants to immediately remove any journal entries and any content22 obtained or derived from Susan Cox Powells journals from the website SusanPowell.org or any23 other public forum where content from the journals is published.

DECLARATION OF EVAN D. BARIAUL T IN SUPPORT OFMOTION FOR PRELIMINARY INJUNCTION - I11532.030894 800248,

STAFFORD FREY COOPERPROFESSIONAL CORPORATION601 Union Street, Suite 3100

Seattle WA 981011374TEL 2066239900 FAX 2066246885

E-FILED

IN COUNTY CLERK'S OF

PIERCE COUNTY, WASHIN

August 31 2011 12:24 P

KEVIN STOCK

COUNTY CLERKNO: 11-2-13049-1


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

2 Restraining Order.3 3. Defendants were duly served with certified copies of the Temporary Restraining4 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 received6 from ABC Process Servers notifying Plaintiffs that each named defendant had7 been served at their place of residence.8 4. reviewed the website SusanPowell.org on August 31, 201 I, and personally9 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 as11 of that date.12 5. Defendants were served with Plaintiffs' Motion for Preliminary Injunction on13 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.1516171819

20212223

DECLARATION OF EVAN D. BARIAULT IN SUPPORT OFMOTION FOR PRELIMINARY INJUNCTION - 211532.030894 800248,

STAFFORD FREY COOPERPROFESSIONAL CORPORATION601 Union Street, Suite 3100

Seattle WA 981011374TEL 2066239900 FAX 2066246885


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


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FILEDIN COUNTY CLERK'S OFFICEAM. AUG 2 ~ 2011 P.M.PIERCE COUNT '/ INGTOKEVIN STOCK: C nty ClerkBY DEPUT

SUPERIOR COURT OF WASHINGTONIN AN FOR PffRCE COUNCHAES COX and JUDY COx, husband andwife,

11 2 13049 1O.Plaitiff, ORDER GRAING PLAIFF'MOTION FOR TEMPORAYRESTRING ORDER.

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

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

1. Plaitiffs' Motion for Tempora Restraig Order2. Declaration of Charles Cox and exhbits attched thereto; and

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

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

ORDER GRAG PLAIS' MOTION FORTEORAY RESTRG ORDER - 111532.c 79STAFFORP FRt COOPER.

PROFESSIONAL CORPORATION601 Union str Suit 3100

Seatt WA 98101.1374TEL 206.623.99 FAX 206.624.685


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

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

statements to Plaitiff and varous media outlet that it will contiue to publish and distrbutethe 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.

The Cour ORDERS the followig:(1) Plaitiffs' Motion for 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

Cox Powell's jours, regadless of who authored said entres, frm the websiteSusanowell.org or any other public fonn where the joural entres are published;

(4) Defendants shal immediately remove any content obtaed or derved from SusanCox Powell's jourals, regardless of who authored sad entres, frm the websiteSusanowell.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 ofSusan Cox Powell's joural entres or copies thereof to any thd par, including but not limted

to, fren, relatives, and varous meda outlet. \ ~ 'd-\ ~~ - ~r- ,,'- . \o~". e: ","' ..~ ..---- ..~ ',,- - --'.. ~ ",,,_._~-~... .~'''&''DONE IN OPEN COURT ths Q.day of Augut, 2011. uINCOUNnlCLEDLERK'S OFFICE

AM. AUG 2 6 2071PIERCE CO P.M.8~EVIN STgNTY WASHI

TI~~STAFFORD F~ COOPER.ORDERGTEORAY RESTRG ORD11532.c 79 PROFESSIONAL CORPORATION601 Unio Str Sui 3100

Seatt WA 98101.1374TEL 20.623.99 FAX 20.624.68


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, .

1 Presented by:STAFFORD FREY COOPER2 By:L~::~ -/3 An~ tmZSBA #13269Evan D. Barault, WSBA #42867456789

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ORDER GRAG PLAS' MOTION FORTEMPORAY RESTRG ORDER - 311532. 79STAFFORD F~ COOPER.

PROFeSSIONAL CORPORATION601 Unio Str Suit 3100

Seatle WA 98101.1374TEL 20.623.99 FAX 206.624.68


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


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Evan BariaultFrom:Sent:To:Subject:

Misty ScottMonday, August 29, 2011 1 :00 PMEvan BariaultFW: ABC Process Service Notification - 11532-030894

-----Original Message-----From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegai. com)Sent: Monday, August 29, 2011 8: 15 AMTo: Misty ScottSubject: ABC Process Service Notification - 11532-030894IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.MISTY SCOTT,Good news! This order has been served:ABC tracking #: 6918853Your reference #: 11532-030894Case #: 11-2-13049-1For service on: ALINA POWELLServed to: JOHN DOEDate/Time: AUG 26 2011 8: 03PMAddress: 18615 94TH AVENUE CT E, PUYALLUP WATo 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 orB) The statutes & court rules of the state in where parties are served, andC) Instructions from the customerIf service was substituted upon another person or left with a person who refused to identifythemselves, please notify ABC Legal in writing, if you want us to re-serve, serve by mail, orinvestigate.Service data in this email is deemed accurate and reliable, but is subject to finalveri fication .

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Misty ScottMonday, August 29, 2011 1 :00 PMEvan BariaultFW: ABC Process Service Notification - 11532-030894

-----Original Message--- -From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)Sent: Monday) August 29) 2011 8: 15 AMTo: Misty ScottSubject: ABC Process Service Notification - 11532-030894IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.MISTY SCOTT,Good news! This order has been served:ABC tracking #: 6918855Your reference #: 11532-030894Case #: 11-2-13049-1For service on: STEVEN POWELLServed to: JOHN DOEDate/Time: AUG 26 2011 8: 03PMAddress: 18615 94TH AVENUE CT E, PUYALLUP WATo 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 orB) The statutes & court rules of the state in where parties are served, andC) Instructions from the customerIf service was substituted upon another person or left with a person who refused to identifythemselves, please notify ABC Legal in writing) if you want us to re-serve) serve by mail, orinvestigate.Service data in this email is deemed accurate and reliable, but is subject to finalverification.

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Misty ScottMonday, August 29,2011 1 :00 PMEvan BariaultFW: ABC Process Service Notification - 11532-030894

- - - - -Original Message - - --From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)Sent: Monday, August 29, 2011 8: 15 AMTo: Misty ScottSubject: ABC Process Service Notification - 11532-030894IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.MISTY SCOTT,Good news! This order has been served:ABC tracking #: 6918856Your reference #: 11532-030894Case #: 11-2-13049-1For service on: MICHAEL POWELLServed to: JOHN DOEDate/Time: AUG 26 2011 8: 03PMAddress: 18615 94TH AVENUE CT E, PUYALLUP WATo 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 orB) The statutes & court rules of the state in where parties are served, andC) Instructions from the customerif service was substituted upon another person or left with a person who refused to identifythemsel ves, please notify ABC Legal in wri ting, if you want us to re- serve, serve by mail, orinvestigate.Service data in this email is deemed accurate and reliable, but is subject to finalveri fication.

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Misty ScottMonday, August 29,2011 1 :00 PMEvan BariaultFW: ABC Process Service Notification 11532-030894

-----Original Message-----From: ABCLegalProcess (mail to :ABCLegalProcess~ABCLegal. com)Sent: Monday, August 29, 211 8: 15 AMTo: Misty ScottSubject: ABC Process Service Notification - 11532-3894IMPORTANT - DO NOT REPLY TO THIS EMAIL - it is from an automated sender.MISTY SCOTT,Good news! This order has been served:ABC tracking #: 6918854Your reference #: 11532-3894Case #: 11-2-1349-1For service on: JOSHUA POWELLServed to: JOHN DOEDate/Time: AUG 26 211 8: 3PMAddress: 18615 94TH AVENUE CT E, PUYALLUP WATo 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 orB) The statutes & court rules of the state in where parties are served, andC) Instructions from the customerIf service was substituted upon another person or left with a person who refused to identifythemselves, please notify ABC Legal in writing, if you want us to re-serve, serve by mail, orinvestigate.Service data in this email is deemed accurate and reliable, but is subject to finalverification.

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declaration of evan bariault

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