United States District Court, W.D. Washington, at Seattle
THOMAS S. ZILLY, District Judge.
THIS MATTER comes before the Court on (i) a motion to dismiss brought by defendant Stoel Rives LLP ("Stoel Rives"), docket no. 49, (ii) a motion to dismiss brought by defendants Brinette Bobb Rounds ("Rounds") and Oak Street Law Group, PLLC ("Oak Street"), docket no. 51, and (iii) a motion to dismiss brought by defendants Gloria Nagler and Nagler & Malaier P.S. (collectively, "Nagler"), docket no. 54. Having reviewed all papers filed in support of the various motions, the Court enters the following order.
As indicated in the Court's earlier Order, docket no. 41, this case is related to a previous action before the Honorable Richard A. Jones, United States District Judge, captioned as 3BA International LLC v. LuBahn , Case No. C 10-829 RAJ. In the matter before Judge Jones, 3BA International LLC ("3BA Int'l") was represented by the firm Perkins Coie LLP ("Perkins") in suing former employees, including Kevin LuBahn, plaintiff in the current case. Larry Claunch was the sole member of 3BA Int'l, and Rounds, an attorney formerly with Stoel Rives and currently with Oak Street, provided legal services to Claunch and, at times, communicated with LuBahn. In the previous Order, docket no. 41, the Court dismissed plaintiffs' claims against Perkins with prejudice and against Stoel Rives without prejudice and with leave to amend. Plaintiffs timely filed a Second Amended Complaint, docket no. 46, which is now the subject of the three pending motions to dismiss.
In the Second Amended Complaint, plaintiffs allege that Rounds was employed by Stoel Rives until February 22, 2008; thereafter, she was employed by Oak Street. 2d Am. Compl. at ¶¶ 21, 80 (docket no. 46). The claims asserted by plaintiffs against Rounds involve statements and actions occurring before April 29, 2010, when Claunch fired LuBahn, and before May 19, 2010, when 3BA Int'l commenced suit against LuBahn and others. See 2d Am. Compl. at 37:12-20; see also Order at 3 (docket no. 41).
Gloria Nagler, also an attorney, was formerly with the firm of Nagler & Associates, the successor of which is Nagler & Malaier P.S. See 2d Am. Compl. at ¶¶ 23-24 (docket no. 46). Nagler was selected by Rounds and paid by Claunch to represent LuBahn in reopening his bankruptcy proceeding for the purpose of approving the sale of LuBahn's intellectual property to Claunch. Id. at ¶¶ 24, 64; see Order at 2 (docket no. 41). The claims alleged by plaintiffs against Nagler involve conduct predating September 23, 2008, when the bankruptcy judge entered an order allowing the transaction, and prior to April 27, 2009, when the bankruptcy trustee filed a report about the sale. See Order (docket no. 35) & Report of Sale (docket no. 46) in In re Kevin & Laura LuBahn, Case No. 07-1877-FLK7 (Bankr. E.D. Wash.).
In the Second Amended Complaint, plaintiffs allege the following claims against defendants who are moving for dismissal:
1. Misappropriation of Trade Secrets against Rounds;
2. Misrepresentation and Fraud against Stoel Rives, Rounds, Oak Street, and Nagler;
3. Violation of 42 U.S.C. § 1983 against Stoel Rives, Rounds, Oak Street, and Nagler;
4. Conspiracy in Violation of 42 U.S.C. § 1985 against Stoel Rives, Rounds, Oak Street, and Nagler;
5. Violation of 18 U.S.C. § 892 against Stoel Rives, Rounds, Oak Street, and Nagler;
6. Attorney Malpractice against Stoel Rives, Rounds, Oak ...