High Maintenance Bitch LLC v. Uptown Dog Club Inc
Doc. 7
Case 2:07-cv-00888-TSZ
Document 7
Filed 07/24/2007
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The Honorable Robert S. Lasnik
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON A T SEATTLE
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HIGH MAINTENANCE BITCH, LLC, a Washington LLC,
Plaintiff,
v.
Civil Action No. C07-0888-RSL
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UPTOWN DOG CLUB, INC., a Texas Corporation
Defendants.
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DECLARATION OF LISA WOODY IN SUPPORT OF DEFENDANT'S MOTION AND MEMORANDUM TO DISMISS FOR LACK OF PERSONAL JURISDICTION PURSUANT TO CIVIL RULE 12(B)(2) AND IMPROPER VENUE, OR ALTERNATIVELY, TO TRANSFER AND FOR PLAINTIFF TO PROVIDE A MORE DEFINITE STATEMENT
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Lisa Woody states and declares as follows:
1.
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I make this declaration in support of Defendant's Motion And Memorandum To
Dismiss For Lack Of Personal Jurisdiction Pursuant To Civil Rule 12(B)(2) And Improper
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Venue, Or Alternatively, To Transfer And For Plaintiff To Provide A More Definite
Statement. I have personal knowledge of the facts set forth in this declaration.
2.
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Uptown Dog Club, Inc. ("Uptown Dog") is a home-based Texas company that
sells pet related products. I am the President and Marketing Director of Uptown Dog. My
mother, Elaine Bennett, is the Vice President and Director of Operations of Uptown Dog.
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DECLARA TION OF LISA WOODY IN SUPPORT OF DEFENDANT'S MOTION AND MEMORANDUM TO DISMISS - 1
61099742_I.DOC
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Case 2:07-cv-00888-TSZ
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3.
Uptown Dog is a corporation organized and existing under the laws of Texas,
with its principal place of business at 9188 Chivalry Court, Frisco, Texas, 75034 -- the home
of Ms. Bennett. It was founded and is operated Elaine Bennett and me. Uptown Dog has only
two part-time employees, who also reside in Texas.
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Uptown Dog does not manufacture any of its own products, but rather, only
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sells products supplied to it by third parties, which also do not reside in Washington.
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Uptown Dog has never had or designated an authorized agent or representative
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in Washington for service of process or otherwise.
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Uptown Dog has never owned, possessed, controlled, leased, maintained, or
operated any offce, residence or business of any kind in Washington.
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Uptown Dog has never maintained any bank or savings and loan accounts in
Washington.
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Uptown Dog's representatives have never traveled to Washington.
Uptown Dog has never directed advertising specifically toward residents or
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compannes located in Washington, nor has it ever advertised in any publication directed
primarily toward Washington.
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Uptown Dog did not conduct any business solicitations in Washington.
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Uptown Dog does not pay taxes to the State of Washington, does not maintain
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any address or possess any real estate in Washington, does not maintain a telephone number in
Washington, and does not manufacture a product in Washington.
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It would be extremely burdensome for Uptown Dog to litigate in Washington.
Uptown Dog does not have the financial resources to litigate in a distant forum.
All of
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Uptown Dog's personnel, documents, inventory, and facilities are located
in Texas.
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DECLARA TION OF LISA WOODY IN SUPPORT OF DEFENDANT'S MOTION AND MEMORANDUM TO DISMISS - 2
61099742JDOC
Case 2:07-cv-00888-TSZ
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Filed 07/24/2007
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15.
Ms. Bennett, the vice president of Uptown Dog, is 64 and uses a walker for
mobility. As a result, it would be extremely burdensome for her to travel to Seattle or
elsewhere in Washington to participate in any part of
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these proceedings.
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the marketing of
Elaine Bennett and I, the co-founders of Uptown Dog, are most familiar with
the Uptown Dog's products.
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All of Uptown Dog's records are located in Texas.
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Prior to filing this lawsuit, High Maintenance Bitch never communicated with
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Uptown Dog. Uptown Dog is unclear on which items are actually accused of infringement.
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Based upon news reports, I believe that the feather boa dog collars are the
accused products. Uptown Dog delivered a total of 22 feather boa dog collars. The cost of the
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boa dog collars is between $12.49 and $16.99 depending on the size of the collar. Uptown
Dog has ceased selling these boa dog collars since the fiing of this lawsuit.
20.
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Uptown Dog does not have any record of selling any product to High
Maintenance Bitch.
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I declare under penalty of perjury that the foregoing is true and correct.
Dated this _th day of July, 2007, in
, Texas.
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Lisa Woody
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DECLARA TION OF LISA WOODY IN SUPPORT OF DEFENDANT'S MOTION AND MEMORANDUM TO DISMISS - 3
61099742JDOC
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\1s. Bennett. thi. vin: president of lJptuwfl Do!:, j" 64 and useS a walkcr fÌJr
i\,, ;¡ rC~lIit. it w()uld h~~ extremely hllnlLn..ol1l~ t~n her rn .ravel t~i Senttle nr
mohility.
l:s~wllcrc in Washington to participate in any paM ()rthcs~~ rr(içi.çding:~.
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I ~;iainc Her-nett and i. the co-foLlndcr~ 0 I. lJ plO\\n J)()~. ¡H~' most Üuuii I iar with
t hi.~ marketing of the Uplown Dog's products.
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i k.
A1I ot I
Jptown Dog's record!; arc Inçatld in h:X,h.
Prior lu tiling this lawsuit, High Maíllti:ll.in\:: Bii\.:h tlL:ver communicated wíth
Uptown Dog. Uptown Dl)g is undcar on which item.; lll'i: al,'tu,dly accused of infringemel"t.
!l).
Based upc.n news reports, I helieve thai the leather bo¡:. dog collars arc the
the
itlTlhCd product~. lJpmwn Dog dclivered a total of ~2 leather hoa dog collars. The cost of
ona dog collars is between S12.49 .ind $16,99 dcp¡;ndiiig on the siii: 0' the collar. Uptown
Du). has ceased selling these boa dog collars since IIH? tiing of ihis lawsul1.
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Uptown Dog does not have any I'\:i.ord of si~iiing any product hi High
M,iintenance Hitch.
i dedarc umkr pcnHhy 0;' perjury that the foregoing is Inii. and lt)J"IL'CL
Dated this !..5th day of
July, 2007, in ~~LCYl.(:'~~~_~~:~:...::J~-*'-d.-"...:"-
,/ . .-''''''''''-''"
Lisa Woody) .
." ,.' ""........
I )i-Cl/\R¡\Tll 1N OF llSA WOODY i~ SUPPORT 'H DFI:i.i-i) \~T'S M( '.\'I)o, AND
\ \. ~H )i~..\" j)l i\111) 111S\11S:~ - .,
Case 2:07-cv-00888-TSZ
Document 7
Filed 07/24/2007
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CERTIFICATE OF SERVICE
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Lisa Woody in Support of Defendant's Motion and Memorandum to Dismiss for Lack of Personal Jurisdiction Pursuant to Civil Rule 12(B)(2) and Improper Venue, or Alternatively, to Transfer and for Plaintiff to Provide a More Definite Statement was fied with the Court using the CMIECF system which wil send notification of such fiing to the following:
I hereby certify that on the 24th day of July, 2007, the foregoing Declaration of
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. Daniel M Bronski
Veri Trademark danny(fveritrademark. com Attorneys for High Maintenance Bitch
Executed on July 24,2007.
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Isl Steven P. Fricke
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DECLARATION OF LISA WOODY IN SUPPORT OF DEFENDANT'S MOTION AND MEMORANDUM TO DISMISS - 4
61099742JDOC