HONORABLE KATHRYN J. NELSON Hearing date: May 24, 2017, at 1:00 pm With oral argument ...

572 Pages·2017·24.59 MB·English

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
June 15 2017 9:27 AM
1 HONORABLE KATHRYN J. NELSON
KEVIN STOCK
Hearing date: May 24, 2017, at 1:00 p.m.
COUNTY CLERK
2 With oral arNgOum: 1e2n-t2 -11362-4
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9 SUPERIOR COURT OF THE STATE OF WASHINGTON
FIOR PIERCE COUNTY
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NO. 12-2-11362-4
11 J.S.,
DECLARATION OF MICHAEL T. PFAU
12 Plaintiffs, IN SUPPORT OF PLAINTIFFS’
RESPONSE IN OPPOSITION TO
13 vs. VILLAGE VOICE MEDIA HOLDINGS,
LLC; BACKPAGE.COM, LLC, AND NEW
14 VILLAGE VOICE MEDIA HOLDINGS, TIMES MEDIA, LLC’S MOTION FOR
L.L.C., d/b/a Backpage.com, et al., SUMMARY JUDGMENT
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Defendants. REDACTED VERSION - PUBLICLY FILED
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I, Michael T. Pfau, am over the age of eighteen and am one of the attorneys of record
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for the Plaintiffs in the above captioned lawsuit. I declare under penalty of perjury under the
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laws of the State of Washington that the foregoing is true and correct:
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1. True and accurate copies of the Backpage.com escort website advertisements
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as it appeared on July 27, 2012, for the Seattle and Tacoma area were filed with the Clerk as
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Exhibit A along with Plaintiffs’ Complaint for Damages in the above-captioned case.
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2. Attached as Exhibit 1 is a true and accurate copy of the declaration of S.L.
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26 3. Attached as Exhibit 2 is a true and accurate copy of the declaration of L.C.
MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
–Page 1 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
1 4. Attached as Exhibit 3 is a true and accurate copy of the declaration of J.S.
2 5. Attached as Exhibit 4 is a true and accurate copy of Backpage Financial Data
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from 2012 to present.
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6. Attached as Exhibit 5 is a true and accurate copy of Backpage.com Financial
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Audit, May 2011.
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7. Attached as Exhibit 6 is a true and accurate copy of Backpage Internal
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Correspondence Regarding Posting Rules.
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9 8. Attached as Exhibit 7 is a true and accurate copy of Backpage’s Content
10 Requirements.
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9. Attached as Exhibit 8 is a true and accurate copy of Email instructing
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moderators about “Forbidden Terms,” dated July 22, 2009.
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10. Attached as Exhibit 9 is a true and accurate copy of Correspondence with
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DesertNet regarding Global Filter, dated March 27, 2008.
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11. Attached as Exhibit 10 is a true and accurate copy of Declaration of Dr.
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17 Dominique Roe-Sepowitz.
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12. Attached as Exhibit 11 is a true and accurate copy of Email from Carl Ferrer
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to Joel Pollock dated February 26, 2009.
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13. Attached as Exhibit 12 is a true and accurate copy of Internal emails dated
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May 17, 2009.
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14. Attached as Exhibit 13 is a true and accurate copy of Moderation Training
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24 PowerPoint.
25 15. Attached as Exhibit 14 is a true and accurate copy of Carl Ferrer email dated
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April 26, 2010.
MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 2 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
1 16. Attached as Exhibit 15 is a true and accurate copy of Email from Ferrer dated
2 August 25, 2010.
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17. Attached as Exhibit 16 is a true and accurate copy of Email from Ferrer dated
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September 4, 2010.
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18. Attached as Exhibit 17 is a true and accurate copy of Email from Padilla dated
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September 6, 2010.
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19. Attached as Exhibit 18 is a true and accurate copy of Email from Ferrer dated
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9 September 25, 2010.
10 20. Attached as Exhibit 19 is a true and accurate copy of Email from Ferrer, dated
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October 27, 2010
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21. Attached as Exhibit 20 is a true and accurate copy of Email by Ferrer, dated
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October 27, 2010.
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22. Attached as Exhibit 21 is a true and accurate copy of Email from Padilla,
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dated October 27, 2010.
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17 23. Attached as Exhibit 22 is a true and accurate copy of Email from moderation
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company, dated October 27, 2010.
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24. Attached as Exhibit 23 is a true and accurate copy of Email from Ferrer, dated
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May 11, 2012.
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25. Attached as Exhibit 24 is a true and accurate copy of Backpage internal
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correspondence dated September 7, 2010 to November 28, 2010 regarding “stripping out”
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24 terms.
25 26. Attached as Exhibit 25 is a true and accurate copy of Email from Padilla dated
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December 1, 2010
MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 3 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
1 27. Attached as Exhibit 26 is a true and accurate copy of Email from Ferrer dated
2 August 31, 2011.
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28. Attached as Exhibit 27 is a true and accurate copy of Email from Ferrer dated
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November 17, 2010.
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29. Attached as Exhibit 28 is a true and accurate copy of Emails from Ferrer dated
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January 20, 2011 and June 8, 2011.
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30. Attached as Exhibit 29 is a true and accurate copy of Email from Padilla with
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9 spreadsheet of stripped out terms dated May 11, 2012.
10 31. Attached as Exhibit 30 is a true and accurate copy of Email from Padilla,
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dated December 15, 2010.
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32. Attached as Exhibit 31 is a true and accurate copy of Email from Padilla,
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dated February 18, 2011.
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33. Attached as Exhibit 32 is a true and accurate copy of Email from Ferrer, dated
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January 31, 2011.
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17 34. Attached as Exhibit 33 is a true and accurate copy of Email from Hyer dated
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October 27, 2010.
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35. Attached as Exhibit 34 is a true and accurate copy of Email from Ferrer dated
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February 4, 2011.
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36. Attached as Exhibit 35 is a true and accurate copy of Email from Padilla,
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dated November 2, 2010.
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MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 4 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
1 37. Attached as Exhibit 36 is a true and accurate copy of Email from Hyer, dated
2 December 15, 2010.
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38. Attached as Exhibit 37 is a true and accurate copy of Emails to and from
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5 Ferrer and Urban Pimp.
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39. Attached as Exhibit 38 is a true and accurate copy of Emails to and from
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Ferrer and Sean Kim.
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40. Attached as Exhibit 39 is a true and accurate copy of Emails from Ferrer dated
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November 6, 2007
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41. Attached as Exhibit 40 is a true and accurate copy of Email from Ferrer dated
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November 5, 2007.
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42. Attached as Exhibit 41 is a true and accurate copy of Email from Ferrer dated
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April 15, 2008.
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43. Attached as Exhibit 42 is a true and accurate copy of Emails to and from Juicy
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Lucy.
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21 44. Attached as Exhibit 43 is a true and accurate copy of Email from Padilla,
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dated October 8, 2010.
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24 45. Attached as Exhibit 44 is a true and accurate copy of Email from
25 dated June 30, 2011.
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MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 5 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
1 46. Attached as Exhibit 45 is a true and accurate copy of the severance agreements
2 sent to Backpage’s moderators.
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47. Attached as Exhibit 46 is a true and accurate copy of Deposition of
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5 , dated August 2, 2016,
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48. Attached as Exhibit 47 is a true and accurate copy of the Report by the United
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State Senate Permanent Subcommittee on Investigation, titled “Backpage.com’s Knowing
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9 Facilitation of Online Sex Trafficking.”
10 49. Attached as Exhibit 48 is a true and accurate copy of the article,
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Backpage.com Shuts Down Adult Services Ads After Relentless Pressure from Authorities,
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The Washington Post, dated January 10, 2017.
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50. Attached as Exhibit 49 is a true and accurate copy of excerpts from the
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Deposition of CR 30(b)(6) witness of El Camino.
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51. Attached as Exhibit 50 is a true and accurate copy of the Deposition of Carl
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Ferrer, dated December 6, 2016.
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52. Attached as Exhibit 51 is a true and accurate copy of Deposition of Andrew
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Padilla dated December 6, 2016.
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53. Attached as Exhibit 52 is a true and accurate copy of Deposition of Dan Hyer,
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dated December 7, 2016.
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25 54. Attached as Exhibit 53 is a true and accurate copy of Deposition of
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dated December 6, 2016.
MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 6 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com
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55. Attached as Exhibit 54 is a true and accurate copy of Email from Padilla,
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dated October 16, 2010.
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56. Attached as Exhibit 55 is a true and accurate copy of Email from Padilla dated
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5 September 1, 2010.
6 57. Attached as Exhibit 56 is a true and accurate copy of Backpage
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Advertisements of S.L.
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58. Attached as Exhibit 57 is a true and accurate copy of Backpage
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Advertisements of L.C.
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59. Attached as Exhibit 58 is a true and accurate copy of Backpage
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Advertisements of J.S.
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13 60. Attached as Exhibit 59 is a true and accurate copy of Email dated Nov. 3,
14 2010.
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61. Attached as Exhibit 60 is a true and accurate copy of Email from Mohan,
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dated Nov. 4, 2010.
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62. Attached as Exhibit 61 is a true and accurate copy of Dep. of CR 30 (b)(6)
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Representative, Elizabeth McDougall.
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63. Attached as Exhibit 62 is a true and accurate copy of the article, Mike Lacey,
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21 Backpage.com, and the Mystery of the $5,000 Checks, dated October 11, 2016.
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64. Attached as Exhibit 63 is a true and accurate copy of Email from Padilla,
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dated 10/17/2010.
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65. Attached as Exhibit 64 is a true and accurate copy of Email from Padilla,
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dated February 16, 2011.
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MTP DECL. PFAU COCHRAN VERTETIS AMALA PLLC
– Page 7 of 9 403 Columbia St., Ste. 500
Seattle, WA 98104
PHONE: [phone] FACSIMILE: [phone]
http://www.pcvalaw.com

EXHIBIT 1