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

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NO: 11-2-13049-1

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SUPERIOR COURT OF WASHINGTON IN AND FOR PIERCE COUNTY

CHARLES COX and JUDY COX, husband and wife,

Plaintiffs,
v.

NO.

11-2-13049-1

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

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

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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.

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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

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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,

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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.

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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.

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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.
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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.
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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

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AM. AUG 2 ~ 2011 P.M.

PIERCE COUNT '/ INGTO KEVIN STOCK: C nty Clerk

BY DEPUT

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SUPERIOR COURT OF WASHINGTON

IN AN FOR PffRCE COUN

CHAES COX and JUDY COx, husband and
NO.

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wife,

Plaitiff,
v.

ORDER GRAING PLAIFF'

MOTION FOR TEMPORAY

RESTRING ORDER

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

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Defendants.

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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

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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

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

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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

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

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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

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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.

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The Cour ORDERS the followig:

(1) Plaitiffs' Motion for

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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

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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

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

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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

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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

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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

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Presented by:

STAFFORD FREY COOPER

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

Evan D. Barault, WSBA #42867

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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.