17CV37165

4 IN THE CIRCUIT COURT OF THE STATE OF OREGON

5 FOR THE COUNTY OF MULTNOMAH

6 BARBARA FISHER, an individual,

LESLIEANN BUTLER, an individual, on
7 behalf of themselves and others similarly No. 17CV37165
situated,
8 ORDER GRANTING DEFENDANT’S
Plaintiffs, MOTION TO DISMISS FOR LACK OF
9 SUBJECT MATTER JURISDICTION OR,
760 SW Ninth Avenue, Suite 3000, Portland, OR 97205

v. IN THE ALTERNATIVE, TO COMPEL

10 ARBITRATION
VACASA LLC, an Oregon limited liability
Main 503.224.3380 Fax 503.220.2480

11 company,
Hon. Judge David F. Rees
STOEL RIVES LLP

12 Defendant.
13

14 Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction or, in the

15 Alternative, to Compel Arbitration (the “Motion”) came before the Court on January 26,

16 2018. Plaintiffs appeared through their attorney Peter D. Stutheit. Defendant appeared

17 through its attorney Timothy W. Snider. The Court having reviewed the parties’ briefing and

18 heard oral argument, IT IS HEREBY ORDERED as follows:

19 1. The Motion is granted;

20 2. This lawsuit is dismissed without prejudice pursuant to Oregon Rule of Civil

21 Procedure 21 A(1) because venue is improper in Multnomah County Circuit Court.

Signed: 2/8/2018 09:25 AM

22
_______________________________________
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Page 1 - ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR LACK OF

SUBJECT MATTER JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL
ARBITRATION
95688987.1 0065945-00001
 1 Submitted by:

2 Timothy W. Snider, OSB No. 034577

timothy.snider@stoel.com
3 STOEL RIVES LLP
760 SW Ninth Avenue, Suite 3000
4 Portland, OR 97204
Phone: (503) 224-3380
5 Fax: (503) 220-2480

6 Of Attorneys for Defendant

9
760 SW Ninth Avenue, Suite 3000, Portland, OR 97205

10
Main 503.224.3380 Fax 503.220.2480

11
STOEL RIVES LLP

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ARBITRATION
95688987.1 0065945-00001
 1 CERTIFICATE OF READINESS - (UTCR 5.100)

2 I hereby certify that the foregoing ORDER GRANTING DEFENDANT’S

3 MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION OR,

4 IN THE ALTERNATIVE, TO COMPEL ARBITRATION is ready for judicial signature

5 because:

6  1. Each party affected by this order or judgment has stipulated to the order or
judgment, as shown by each party’s signature on the document being submitted.
7  2. Each party affected by this order or judgment has approved the order or judgment,
as shown by each party’s signature on the document being submitted or by written
8 confirmation of approval sent to me.
9  3. I have served a copy of this order or judgment on each party entitled to service
760 SW Ninth Avenue, Suite 3000, Portland, OR 97205

and:
10  a. No objection has been served on me.
Main 503.224.3380 Fax 503.220.2480

11  b. I received objections that I could not resolve with a party despite

reasonable efforts to do so. I have filed a copy of the objections I received
STOEL RIVES LLP

12 and indicated which objections remain unresolved.

 c. After conferring about objections, [role and name
13 of objecting party] agreed to independently file any remaining objection.
14  4. Service is not required pursuant to subsection (3) of this rule, or by statute, rule,
or otherwise.
15  5. This is a proposed judgment that includes an award of punitive damages and
notice has been served on the Director of Crime Victims’ Assistance Section as
16 required by subsection (5) of this rule.
17  6. Other:____________________________________________________________.

18
DATED: January 31, 2018.
19 STOEL RIVES LLP
20

21 /s/ Timothy W. Snider

TIMOTHY W. SNIDER, OSB No. 034577
22 timothy.snider@stoel.com
KENNON SCOTT, OSB No. 144280
23 kennon.scott@stoel.com
24 Attorneys for Defendant
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Page 1 - CERTIFICATE OF READINESS - (UTCR 5.100)

95688987.1 0065945-00001
 1 CERTIFICATE OF SERVICE

2 I hereby certify that I served the foregoing ORDER GRANTING DEFENDANT’S

3 MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION OR,

4 IN THE ALTERNATIVE, TO COMPEL ARBITRATION on the following named

5 person(s) on the date indicated below by

6  mailing with postage prepaid

7  email - courtesy copy
8  eService via Odyssey File & Serve, if
available at time of filing
9
760 SW Ninth Avenue, Suite 3000, Portland, OR 97205

10 to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to
Main 503.224.3380 Fax 503.220.2480

11 said person(s) at his or her last-known address(es) indicated below.

STOEL RIVES LLP

12 Peter D. Stutheit
STUTHEIT KALIN LLC
13 308 SW First Avenue, Suite 325
Portland, OR 97204
14
Email: peter@stutheitkalin.com
15 DATED: January 31, 2018.
16

17
/s/ Timothy W. Snider
18 Timothy W. Snider, OSB No. 034577
Kennon Scott, OSB No. 144280
19
Attorneys for Defendant
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95688987.1 0065945-00001