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S&W Forest Products Ltd. v. Shake

United States District Court, W.D. Washington, Seattle

April 24, 2019

S&W FOREST PRODUCTS LTD, Plaintiff,
v.
CEDAR SHAKE & SHINGLE BUREAU, et al., Defendants.

          ORDER ON 1. MOTION FOR CLARIFICATION 2. MOTION TO ENFORCE PRELIMINARY INJUNCTION

          Marsha J. Pechman, United States Senior District Judge

         The Court, having received and reviewed:

1. Cedar Shake & Shingle Bureau's Motion for Clarification (Dkt. No. 66), and Plaintiff's Response to Defendant Cedar Shake & Shingle Bureau's Motion for Clarification (Dkt. No. 77);
2. Plaintiff's Emergency Motion to Enforce Preliminary Injunction Order (Dkt. No. 73), and Cedar Shake & Shingle Bureau's Opposition to Plaintiff's Emergency Motion to Enforce Preliminary Injunction Order (Dkt. No.79); all attached declarations and exhibits, and relevant portions of the record, rules as follows:

         IT IS ORDERED that Plaintiff's due process rights with regard to any hearing contemplating termination of the company from the Cedar Shake & Shingle Bureau (“CS&SB “) will be satisfied if the following requirements are met:

• Written notice of the hearing at least 14 days in advance of the date, time, and place of the hearing, as well as the allegations which support the proposed termination of membership.
• An opportunity to present and to hear testimony (either in person or via video broadcast), submit documents, and to see the written evidence or documentation which is proposed to be submitted by the opposing party at least 7 days in advance of the hearing.
• A hearing of no greater length than a single (8-hour) day, with Plaintiff having up to 4 hours of that time for its presentation.

         IT IS FURTHER ORDERED that due process in these circumstances does not include the right to cross-examination.

         IT IS FURTHER ORDERED that Defendant CS&SB reinstate Ms. Hothi as a member of the Board of Directors.

         IT IS FURTHER ORDERED that the parties will meet and confer and, if a further termination proceeding is contemplated, set the date for that proceeding within 30 days of this order.

         Discussion

         On April 3, 2019, this Court issued an Order Granting Preliminary Injunction in which “Defendant Cedar Shake & Shingle Bureau [was] ordered to restore Plaintiff S& W Forest Products, Ltd.'s membership status to the status which prevailed before the termination announced on December 21, 2018.” Dkt. No. 65 at 2.

         Following the issuance of the order, both sides filed motions which amounted to requests for clarification of the Court's intent. Defendant CS&SB sought further definition of the extent of the due process to which Plaintiff was entitled in the event that CS&SB decided to attempt once again to terminate Plaintiff's membership in the organization. Plaintiff protested that CS&SB's refusal to reinstate its representative Ms. Hothi to her former position on the ...


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