PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 1 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Honorable Karen L. Strombom 

TRIAL DATE: April 4, 2007 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON, AT TACOMA 

EMPLOYEE PAINTERS TRUST HEALTH & 

WELFARE FUND, WESTERN 

WASHINGTON PAINTERS DEFINED 

CONTRIBUTION PENSION TRUST, 

WESTERN WASHINGTON 

APPRENTICESHIP AND TRAINING TRUST,

WESTERN WASHINGTON PAINTERS 

LABOR MANAGEMNET COOPERATION 

TRUST FUND, INTERNATIONAL UNION 

OF PAINTERS & ALLIED TRADES 

PENSION FUND AND INTERNATIONAL 

BROTHERHOOD OF PAINTERS & ALLIED 

TRADES UNION & INDUSTRY FUND, and 

INTERNATIONAL UNION OF PAINTERS & 

ALLIED TRADES DISTRICT COUNCIL NO. 

5, 

 Plaintiff, 

 vs. 

TIMOTHY E. JACKSON and JODI L. 

JACKSON, and the marital community 

comprised thereof, and BRYDON PAINTING 

SERVICE, 

 Defendant. 

CAUSE NO.: C06-5145KLS 

AGREED PRETRIAL ORDER 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 1 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 2 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Jurisdiction

Jurisdiction is conferred on this Court by §301(a) of the Labor-Management Relations 

Act, (the Act) 29 USC §185(a) and §§502(a)(3) and 502(e)(2) of Employee Retirement Income 

Security Act of 1974 (ERISA), 29 USC §§1132(a)(3) and 1132(e)(2). The Defendant is doing 

business as defined in §301(a) of the Labor-Management Relations Act, 29 USC §141 et seq 

within in the jurisdiction of this Court. 

Claims 

The Plaintiff will pursue at trial the following claims against the Defendants: 

1. Breach of the Collective Bargaining Agreement by the Defendant, violation 

of ERISA Section 502 and 515, and violation of the Labor-Management Act. 

Defenses

 The Defendant will pursue at trial the following defenses to the claims of the Plaintiffs: 

1. Breach of the Collective Bargaining Agreement by the Plaintiff. 

2. Contributions made to the Trust under the Collective Bargaining Agreement 

by the Defendants met or exceeded the amounts owed to Plaintiffs and were 

paid as a mistake of law or fact. 

3. The 2000 Collective Bargaining Agreement contained an “evergreen clause” 

requiring that without proper notice of modification or termination of the 

Collective Bargaining Agreement that the Agreement would be 

automatically renewed on terms of old Agreement on an annual basis. 

4. Plaintiffs are not entitled to payment for contributions in November and 

December of 2005 which were for non-union related work by employees of 

Defendant. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 2 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 3 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Counterclaims

The Defendant will pursue at trial the following counterclaims against the Plaintiffs: 

1. Defendants are entitled to a refund for contributions made to the Trust under 

theories of restitution and unjust enrichment. 

2. The Plaintiffs object to the Defendant’s counterclaim on the basis that such a 

claim is untimely and contrary to controlling Federal Law as evidenced in 

ERISA §403 (2)(A)(ii), 29 U.S.C. § 1103 (2)(A)(ii). 

Admitted Facts

The parties admit the following facts: 

1. The Employee Painters Trust Health & Welfare Fund, Western Washington 

Painters Defined Contribution Pension Trust, Western Washington 

Apprenticeship and Training Trust, Western Washington Painters Labor 

Management Cooperation Trust Fund, and the International Brotherhood of 

Painters & Allied Trades Industry Fund (the Plaintiff Trust Funds) are joint 

Labor-Management Trust Funds and as such are governed under the Act, 29 

USC §141 et seq. and ERISA 29 U.S.C §1001 et seq. 

2. Brydon Painting (the Defendants) and the International Union of Painters 

and Allied Trades (the Union) signed a Collective Bargaining Agreement 

effective March 1, 2000, through February 28, 2005. 

3. The Trust Funds are third-party beneficiaries to the Collective Bargaining 

Agreement between the Defendants and the Union. 

4. The Defendants have made contributions to the Trust Funds from March 

2000 through September 2006. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 3 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 4 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

5. The Defendant’s employees have applied for and received benefits from the 

Trust Fund in accordance with the Trust Agreement and Collective 

Bargaining Agreement from March 2000 through September 2006 

6. By signing the Collective Bargaining Agreement the Defendants agreed to 

be bound by the Trust Funds Trust Agreement, which mandates that all 

corporate officers accept personal liability for contributions to the Trust 

Funds. 

7. The Defendants are doing business within the jurisdiction of the Court as 

that activity is defined under §301 of the Act. 

8. That on or about October 2006, Plaintiff caused a monthly contribution 

report showing that the alleged $899.61 was paid. 

Disputed Facts

The Plaintiffs contend as follows: 

1. The Defendants signed a Collective Bargaining Agreement which requires 

 contributions to the Trust Funds effective March 1, 2000. 

2. As shown by the payroll audit the Defendants have failed to make all the 

contributions are required. 

3. The Defendants have approved and ratified acceptance of the new rates as 

outlined in the Master Collective Bargaining Agreement through payment of 

the new rates and acceptance of employee benefits. 

4. With respect to Defendants contention that the work assigned to the 

employees in November and December 2005 was non-bargaining work it 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 4 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 5 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

was not designated as such in accordance with the Collective Bargaining 

Agreement provisions. 

 The Defendant contends as follows: 

1. Defendants contends that the Collective part of the Agreement entered into 

October 5, 2000, with effective dates March 1, 2000 thru Feb. 28, 2005, and 

is the controlling document in this case. That document expired February 

28, 2005, without an agreement of either party as to the express terms of a 

new agreement. The 2000 CBA contained an evergreen provision under 

section 23.1 which stated that the Agreement would automatically renew 

itself on an annual basis unless notice was given that the Agreement would 

be terminated or modified. Plaintiffs did not provide notice of a modification 

or termination of said Agreement. 

2. In May of 2005, Defendant received a new Collective Bargaining 

Agreement from the Union which included a provision increasing the 

contribution rate from $2.05 per hour to up to $4.00 per hour, which 

Defendant refused to sign. 

3. Defendant immediately objected to and continues to object to the demand 

for payment by the Union for Trust contribution rates above the rates as 

agreed in the 2000 Collective Bargaining Agreement. After Defendant’s 

objection to the new rates under the 2005 Collective Bargaining Agreement, 

the Defendants began to harass and threaten litigation against Defendant 

unless he agreed to pay the rates under the new Collective Bargaining 

Agreement. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 5 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 6 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

4. That on or about October 2006, defendants paid the alleged $899.61, it was 

paid in full by crediting past overpayments. 

5. The defendants paid sums sufficient to cover the requirements of the old 

Collective Bargaining Agreement and in fact paid more than those sums on a 

number of occasions based on miscalculations of both the Union and 

Defendant, as well as harassment and threats of litigation from the Union. 

The Union was always aware that defendants disputed the rates that that 

were demanded of them on the basis that they had not signed a new and 

were therefore, not subject to a new Collective Bargaining Agreement 

effective after the expiration of the 2005 Agreement. To date, the Defendant 

has overpaid the Trust, contributions in excess of $40,000.00 under protest 

and solely based on the continuous harassment from the Union. Defendant is 

entitled to a refund of the overpaid contributions which were paid based on a 

mistake of law or fact. 

6. Plaintiffs are not entitled to payment of their claims of Trust contributions 

for non union related work performed by two of the Defendant’s employees 

during the months of November and December of 2005. 

Issues of Law

 The following issues of law are to be determined by the Court: 

I. Agreed Issues 

1. Whether, as a matter of law, there is evidence to support the Plaintiffs’ claim 

that the Defendant is still a party to the Collective Bargaining Agreement, 

effective March 2005 through current. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 6 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 7 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

2. Whether, as a matter of law, there is evidence to support the Plaintiffs’ claim 

that the Defendant has adopted the general industry employer contribution 

rates through its conduct. 

II. Defendants’ Issues 

1. Whether, as a matter of law, there is sufficient evidence to support the 

Defendant’s claim that the Defendant is still a party to the Collective 

Bargaining Agreement, effective March 1, 2000. 

2. Whether, as a matter of law, there is sufficient evidence to support the 

Defendant’s claim that based on the evergreen clause of Section 23.1 of the 

2000 Collective Bargaining Agreement that the upon the expiration of the 

2000 Collective Bargaining Agreement on February 28, 2005, that the 

Agreement automatically renewed upon the terms and general industry 

employer contribution rates from the 2000 Collective Bargaining 

Agreement. 

3. Whether, as a matter of law, the Defendant is entitled to a refund for any 

Trust contribution payments made by Defendant either by a mistake of law 

or fact. 

Expert Witnesses

 On behalf of the Plaintiff: 

1. Ms. Carol Olsen Steiner-Auditor 

 Steiner Accounting Services, Inc. 

 2430 240th St. SE 

 Bothell, WA 98021 

 425-483-1951 

 Ms. Olsen will testify to the accuracy and substance of the payroll audit. 

 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 7 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 8 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

On behalf of the Defendant: 

 

1. Mr. Bret Berglund, CPA 

Fullaway, Lamphear and Sauve, PLLC 

5501 Pacific Highway East 

Federal Way, WA 98424 

(253) 952-3478 

Mr. Berglund will testify to the amounts due and the actual amounts paid under 

the Agreement between the parties. 

Other Witnesses

 On behalf of the Plaintiff: 

1. Mr. Erik Reed-Administrator of the Employee Painters Trust Funds 

 Zenith Administrators, Inc. 

 201 Queen Anne Ave. N., Suite 100 

 Seattle, WA 98109-4896 

Mr. Reed will testify to the Trust Funds’ administrative policies and procedures. 

2. Mr. Steven Bloom 

 Painters' District Council No. 5 

 Labor Temple, Rm. 324 

 2800 First Ave. 

 Seattle, WA 98121 

Mr. Bloom will testify to the current status of the Collective Bargaining

 Agreement and the relationship between the International Brotherhood of

 Painters and Allied Trades District Council No. 5 and Brydon Painting. 

 On behalf of the Defendant: 

 

1. Timothy E. Jackson, Defendant 

President, Brydon Painting Services, Inc. 

2819 – 200th Avenue East 

Lake Tapps, WA 98391 

(253) 891-5453 

Mr. Jackson will testify to correspondence and negotiations regarding the 

renewal of the Collective Bargaining Agreement and the threats made by Union 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 8 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 9 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

management regarding payment of Trust contributions which Plaintiffs allege 

were due under the Collective Bargaining Agreement. 

2. Jodi L. Jackson 

Secretary, Brydon Painting Services, Inc. 

2819 – 200th Avenue East 

Lake Tapps, WA 98391 

(253) 891-5453 

Mrs. Jackson will testify regarding correspondence related to and the amounts 

paid and amounts which the union claims were due as Trust contributions under 

the Collective Bargaining Agreement. 

3. Paul James 

2819 – 200th Avenue East 

Lake Tapps, WA 98391 

(253) 891-5453 

Mr. James will testify to the scope of the non-union related work which was 

performed in November and December of 2005 for which Plaintiffs are seeking 

trust contributions under the Collective Bargaining Agreement. 

4. Dirk Scott Rickley 

5125 N. 30th St 

Tacoma, WA 98407-3305 

(253) 503-7173 

Mr. Rickley will testify to the scope of the non-union related work which was 

performed in November and December of 2005 for which Plaintiffs are seeking 

trust contributions under the Collective Bargaining Agreement. 

5. Michael D. Ball 

Business Manager 

International Union of Painters and Allied Trades, AFL-CIO, CLC 

District Council #5 

2800 First Avenue #324 

Seattle, WA 98121 

(206) 441-5554 

Mr. Ball will testify to negotiations regarding the 2005 Collective Bargaining 

Agreement and correspondence related thereto with Defendants. 

 

6. Ron Krebs 

Business Representative 

International Union of Painters and Allied Trades, AFL-CIO, CLC 

District Council #5 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 9 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 10 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

2800 First Avenue #324 

Seattle, WA 98121 

(206) 441-5554 

Mr. Krebs will testify to negotiations regarding the 2005 Collective Bargaining 

Agreement and correspondence related thereto with Defendants. 

7. Chris Winthers 

Business Representative 

International Union of Painters and Allied Trades, AFL-CIO, CLC 

District Council #5 

2800 First Avenue #324 

Seattle, WA 98121 

(206) 441-5554 

Mr. Winthers will testify to discussions with Defendant’s employees regarding 

negotiations and Defendant’s refusal to accept the new Collective Bargaining 

Agreement. 

8. Melissa Kollman 

Accounts Control Technician 

Zenith Administrators 

Northwest Region 

Suite 220, White Flag Building 

104 South Freya 

Spokane, WA 99202 

(509) 534-5625 

 

Ms. Kollman will testify to correspondence relating to Defendant’s refusal to 

pay the 2005 Collective Bargaining Agreement rates. 

Exhibits

 

 Plaintiffs’ Exhibits

 (a) Admissibility and Authenticity Stipulated: 

 

1. The Collective Bargaining Agreement between Brydon Painting and the 

International Union of Painters and Allied Trades covering the period March 

1, 2000 to February 28, 2005. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 10 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 11 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

2. The Master Agreement between the International Union of Painters and 

Allied Trades and Northwest Wall and Ceiling Contractors Association 

covering the period March 1, 2005 to February 28, 2010. 

3. The Trust Agreements for the Employee Painters Trust Health and Welfare 

Fund including all drafts and amendments, effective January 12, 2001. 

4. The Trust Agreements for the Western Washington Painters Defined 

Contribution Pension Trust including all drafts and amendments, effective 

September 22, 1983. 

5. The Trust Agreements for the Western Washington Painters Apprenticeship 

and Training Trust including all drafts and amendments, effective May 15, 

1996. 

6. Trust Agreements for the Western Washington Painters Labor Management 

Cooperation Trust including all drafts and amendments, effective October 

15, 1998. 

7. Employer Report Forms covering the period of March 2000 through 

September 2006. 

8. Payroll Audit Report prepared by the accounting firm of Steiner Accounting 

Service dated August 8, 2006, including attached Schedules I & II. 

9. The Affidavit of Ms. Melissa Kollman dated January 24, 2007. 

10. The Affidavit of Ms. Carol Olsen Steiner dated January 24, 2007. 

11. A print-out from the Washington Secretary of State’s Webpage listing the 

corporate officers of Brydon Painting Services, Inc. 

Defendants’ Exhibits

(a) Admissibility and Authenticity Stipulated: 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 11 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 12 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12. Letter from Michael D. Ball, Business Manager for District Council #5 to 

“All Employers signatory to the Western Washington Area Agreement for 

the Painting Industry” dated February 28, 2005 regarding negotiations for 

the 2005 Collective Bargaining Agreement. 

13. Letter from Ron Krebs, Business Manager of District Council #5 to Tim 

Jackson dated May 12, 2005 regarding request for signatures for the 2005 

Collective Bargaining Agreement. 

14. Letter from Tim Jackson to District Council #5 dated February 25, 2006 

regarding Steiner Accounting Services, Inc. February 1, 2006 request for an 

audit of Defendant’s accounting records. 

15. Letter from Melissa Kollman, Accounts Control Technician for Zenith 

Administrators to Jodi Jackson dated September 27, 2006 regarding 

Overpayment of contributions for Western Washington Painters’ Trusts. 

16. Letter from Melissa Kollman, Accounts Control Technician for Zenith 

Administrators to Jodi Jackson dated October 16, 2006 regarding Remaining 

Credit Balance for Western Washington Painters’ Trusts. 

17. Sworn Statement of Paul James dated September 28, 2006 regarding nonunion related work performed as employee for Defendant in November and 

December of 2005. 

18. Sworn Statement of Dirk Scott Rickley dated September 28, 2006 regarding 

non-union related work performed as employee for Defendant in November 

and December of 2005 attached to Affidavit of Dirk Scott Rickley dated 

March 23, 2007. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 12 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 13 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

19. Statement dated October 2006 from Western Washington Painters Trusts 

regarding monthly contribution report. 

20. Affidavit of Tim Jackson dated March 21, 2007 with attached Exhibit 

regarding Defendant’s accounting calculations regarding overpayment of 

Trust contributions for period of January 2001 through June of 2006. 

21. Monthly Contribution Report Statement dated October 8, 2006, from 

Western Washington Painters Trusts showing that a credit of $670.08 was 

applied. 

22. Demand Letter from Trusts dated November 22, 2005, from Mr. John 

Ranquet, attorney at law, to defendants. Demand Letter from Trusts dated 

January 19, 2006, from Mr. John Ranquet, attorney at law, to defendants. 

Correspondence letter dated February 12, 2006, from Mr. John Ranquet, 

attorney at law, to defendants. 

 Defendant reserves the right to call any of Plaintiffs’ witnesses, and also to call 

necessary rebuttal witnesses. Defendant further reserves the right to call any other witnesses 

that the Plaintiffs learn about through discovery but fails to properly disclose. 

 Plaintiff reserves the right to call any of Defendants’ witnesses, and also to call 

necessary rebuttal witnesses. Plaintiff further reserves the right to call any other witnesses that 

the Defendants learn about through discovery but fails to properly disclose. 

Action by the Court

1. This case is scheduled for trial without a jury on April 4, 2007, at 9:30am. 

2. Trial briefs shall be submitted to the Court on or before Friday, March 23, 2007. 

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 13 of 14
PRE-TRIAL ORDER 

CASE NO. C06-5145 KLS - PAGE 14 OF 14 

EKMAN, BOHRER & THULIN, P.S. 

QUEEN ANNE SQUARE 

220 WEST MERCER ST., SUITE 400 

SEATTLE, WASHINGTON 98119 

TELEPHONE (206) 282-8221 

FAX (206) 285-4587

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

THIS ORDER has been approved by the parties as evidenced by the signatures of their 

counsel. This order shall control the subsequent course of the action unless modified by a 

subsequent order. This Order shall not be amended except by order of the Court pursuant to 

agreement of the parties or to prevent manifest injustice. 

DATED this 2nd day of April, 2007. 

A

Karen L. Strombom 

United States Magistrate Judge 

 

FORM APPROVED 

 s/John R. Spencer___________________

WSBA #32188 

Spencer Law Firm, LLC 

1326 Tacoma Ave. S, Ste. 101 

Tacoma, WA 98401-1803 

Telephone: (253) 383-2770 

Fax: (253) 572-4207 

E-mail: jspencer@spencer-lawfirm.com 

Attorney for Defendant(s) 

s/Robert A. Bohrer 

WSBA #5050 

Ekman, Bohrer & Thulin, P.S. 

220 W. Mercer, Ste. 400 

Seattle, WA 98119 

Telephone: (206) 282-8221 

Fax: (206) 285-4587 

E-mail: r.bohrer@ekmanbohrer.com

Attorney for Plaintiff(s) 

S:\Collections\WWP-3410\Pleadings\2007\Brydon Painting 3410 USDC Agreed Pretrial Order.doc 

Z:\Jackson, Tim\US Dist. Court 06-0517\Pleadings\SLF Draft Agreed Pretrial Order.doc

Case 3:06-cv-05145-KLS Document 40 Filed 04/02/07 Page 14 of 14