Save Columbia CU Committee -- Selected Litigation Documents

Website maintained by Doug Schafer, counsel for SaveCCU.  Last updated on 6/20/2007
All documents are in PDF format, viewable using the free Adobe Acrobat Reader.  

Lawsuit #1: February 2004, Clark County Superior Court mandamus action.

SaveCCU, Steve Straub, John Bucholtz, and Robert Tice sought a court order to compel Columbia CU ("CCU") directors to hold a special membership meeting as nearly 3,600 members demanded in their petition to vote on the removal of all nine directors.

Application for Writ of Mandamus
CCU Directors' Answer to Writ of Mandamus
Declaration of David Doss, CCU's CEO
Declaration of Linda Jekel, DFI's Director
Memorandum Opposing Writ of Mandamus
SaveCCU's Reply to Answer and Memorandum
Declaration of Doug Schafer, SaveCCU's lawyer
Declaration #2 of Doug Schafer, SaveCCU's lawyer
Ruling on Application for Writ of Mandamus
Order on Application for Writ of Mandamus  

Lawsuit #2: March 2004, Clark County Superior Court declaratory judgment action.

SaveCCU, Steve Straub, John Bucholtz, and Robert Tice sought a declaratory judgment on (1) whether CCU's directors were violating its Bylaws section on term limits, (2) whether CCU's directors breached their fiduciary duty by controlling and using CCU's resources and funds to campaign aggressively against their removal by vote of CCU's membership, (3) whether CCU's directors were violating the law by denying members the right to examine CCU's Bylaws and governance related records, (4) whether state law empowers a credit union to convert to a bank, and (5) whether a conversion of a state credit union requires approval by a two-thirds vote (not simply a majority vote) of its members.

Complaint
SaveCCU's Motion for Summary Judgment on Term Limits Issue
CCU Directors' Opposition to Summary Judgment on Term Limits Issue
SaveCCU's Reply to Opposition to Summary Judgment on Term Limits Issue
Stipulated Facts on the Past Terms of Directors
SaveCCU's Motion for Temporary Restraining Order against unlawful campaigning
CCU Directors' Motion for Dismissal and supporting pleadings
SaveCCU's Response to Motion for Dismissal
Declaration of Doug Schafer of 4/15
Ruling by Judge Bennett of 5/7/04
CCU Directors' Motion to Reconsider and supporting pleadings
SaveCCU's Response to Directors' Motion to Reconsider
SaveCCU's Motion to Reconsider
CCU Directors' Response to SaveCCU's Motion to Reconsider
Ruling by Judge Bennett of 6/17/04
Filed in the WA Court of Appeals:
Opening Brief, by SaveCCU
Response Brief, by CCU Directors
Reply Brief, by SaveCCU
Statement of Additional Authorities
Second Statement of Additional Authorities
Supplement to Second Statement of Additional Authorities
Ruling by 3-Judge Panel of WA Court of Appeals
Motion to Reconsider, by SaveCCU
Order Denying Motion to Reconsider
Filed in the WA State Supreme Court:
Petition for Review, by SaveCCU  (filed 9/26/2006)
Motion to Extend Time  (filed 10/18/2006)
Scheduling Letter from Court Clerk   (dated 10/19/2006)
Answer to Petition for Review and Opposition to Motion to Extend Time, by Columbia  (filed 11/16/2006)
A panel of the State Supreme Court denied the motion to extend, sending the case back to the trial court.
Stipulated Dismissal of Action in the Trial Court  (2/23/2007)

Lawsuit #3: July 2006, Clark County Superior Court declaratory judgment action.

CCU directors Cathy Chudy, Kathryn Edgecomb, and Emmy Winterburn ("Minority Directors") sued five (5) fellow directors Mark Ail, Duane Bequette, Robert Byrd, John Cheek, and Steve Straub ("Majority Directors") and CEO Parker Cann seeking a declaratory judgment that the Majority Directors and CEO could not lawfully (1) exclude the Minority Directors from full participation on CCU's board of directors, (2) deny the Minority Directors the right to have their views reflected in meeting minutes that accurately record the proceedings, and (3) deny the Minority Directors access to CCU records and information relevant to their responsibilities. Director Ralph Erdmann supported his fellow Minority Directors but, fearing the hazards of litigation, declined to join in their action.

Complaint
CCU Majority Directors' Motion to Dismiss
CCU Minority Directors Response to Motion to Dismiss
Ruling by Judge Woolard
Filed in the WA Court of Appeals:
Opening Brief, by CCU Minority Directors    (1/15/2007)
Motion to Dismiss, by CCU Majority Directors    (2/2/2007)
Response to Motion to Dismiss, by CCU Minority Directors   (2/15/2007)
Reply to Response to Motion to Dismiss, by CCU Majority Directors   (2/20/2007)
Ruling Denying Motion to Dismiss   (2/23/2007)
Brief of Respondents and Motion to Modify Commissioner's Ruling  (3/23/2007)
Appellants' Reply Brief   (4/24/2007)
Appellants' Answer to Motion to Modify  (6/20/2007)
The Court of Appeals advised the parties that it will decide the case withour oral argument..

Lawsuit #4: September 2006, Thurston County Superior Court declaratory judgment action.

SaveCCU, Cathryn Chudy, Kathryn Edgecomb, Lloyd Marbet, and Robert Tice sought a declaratory judgment that the action on 8/15/2006 by CCU's five Majority Directors to expel them was unlawful, and sought an administrative review of the failure of the Department of Financial Institutions to prevent or compel the reversal of those unlawful expulsions.

Complaint
Appendix to Complaint
SaveCCU's Motion for Injunction re: 8/15/06 Expulsions
CCU Response to Motion for Injunction
Declaration of D. Schafer re: Expulsion Challenges
SaveCCU Reply to CCU's Response to Motion for Injunction
Oral Ruling by Judge Casey
Preliminary Injunction entered by Judge Casey
CCU's Motion for Reconsideration and Partial Summary Judgment    (10/5/2006)
CCU's Motion to Increase Bond Amount
Declaration by C. Boccia re: CCU's 2006 Election Materials
SaveCCU's Opposition to Motion for Reconsideration
SaveCCU's Opposition to Motion to Increase Bond Amount
Judge Casey's Order Denying CCU's Motions
SaveCCU's Motion for Injunctions re: 10/16/06 Suspensions
Declaration of D. Schafer re: CCU Website
CCU's Response to Motion for Injunctions
Declaration of H. Cavanaugh
Declaration of K. Porter
Declaration of C. Boccia
Declaration of P. Cann
SaveCCU's Reply to CCU's Response
Declaration of C. Chudy
(On 10/26/06, Judge Casey declined to grant SaveCCU a further injunction on the alleged wrongful 10/16/06 suspensions. She said she needs more evidence before deciding whether there was cause for the suspensions of Chudy, Edgecomb, and Marbet.)
SaveCCU's Response to CCU's Motion for Partial Summary Judgment    (11/6/2006)
Declaration of Schafer re: Discovery
CCU's Reply to Response to CCU's Motion for Partial Summary Judgment  (11/13/2006)
(CCU cancelled the hearing on its motion for partial summary judgment, so that motion was not ruled on.)
DFI's Motion for Summary Judgment   (2/15/2007)
DFI's Declaration by Linda Jekel    (2/15/2007)
CCU's Motion for Summary Judgment   (2/15/2007)
CCU's Declaration by Parker Cann    (2/15/2007)
SaveCCU's Response to DFI's Motion for Summary Judgment    (3/13/2007)
SaveCCU's Declaration by Douglas Schafer re: Exhibits    (3/13/2007)
SaveCCU's Response to CCU's Motion for Summary Judgment    (3/13/2007)
SaveCCU's Motion for Leave to Amend Complaint    (3/13/2007)
SaveCCU's Statement    (4/13/2007)
CCU's Reply to Statement    (4/20/2007)
Order Granting Summary Judgment Motion of Defendant DFI    (5/15/2007)
Letter to Judge Casey    (5/15/2007)
Judge Casey's Letter Ruling Denying CCU's Motion for Summary Judgment   (dated 6/1/2007, filed 6/4/2007)

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