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FILED
15 APR 20 PM 4:08
KING COUNTY
THE HONORABLE
JOHN
CHUN
SUPERIOR
COURT
CLERK
ORAL ARGUMENT REQUESTED
E-FILED
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CASE NUMBER: 14-2-07669-0 SEA
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Noted for Consideration: April 28, 2015
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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FOR THE COUNTY OF KING
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MOVE, INC., a Delaware corporation,
REALSELECT, INC., a Delaware
corporation, TOP PRODUCER SYSTEMS
COMPANY, a British Columbia unlimited
liability company, NATIONAL
ASSOCIATION OF REALTORS®, an
Illinois non-profit corporation, and
REALTORS® INFORMATION
NETWORK, INC., an Illinois corporation,
Case No. 14-2-07669-0 SEA
DECLARATION OF CHRIS CROCKER
IN SUPPORT OF PLAINTIFFS' MOTION
TO UNSEAL THE SINGER
DECLARATION AND ATTACHED
WHISTLEBLOWER LETTER
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Plaintiffs,
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vs.
ZILLOW, INC., a Washington corporation,
ERROL SAMUELSON, an individual, and
CURT BEARDSLEY, an individual, and
DOES 1-20,
Defendants.
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CROCKER DECL. IN SUPPORT OF PLAINTIFFS' MOTION TO
UNSEAL THE SINGER DECLARATION AND ATTACHED
WHISTLEBLOWER LETTER - 1
2348919.2
#982031 vI /99985-001
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I, Chris Crocker, declare as follows:
I am over the age of eighteen years, have personal knowledge of the matters set forth
below, and am otherwise competent to testify.
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From late December 2012 until April 13, 2015 I was employed by Zillow, Inc. as Vice
President, Strategic Partnerships. In that capacity I worked with Errol Samuelson and Curt
Beardsley who had become Zillow officers and employees after leaving their employment with
Move, Inc.
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In my capacity as Vice President, Strategic Partnerships, I became aware of the lawsuit
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brought by Move, Inc. and others against Zillow Inc. and Mr. Samuelson, and eventually against
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Mr. Beardsley also. I learned about the allegations being made in the lawsuit and came to
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understand that Move, Inc. and the other plaintiffs had difficulty obtaining complete discovery
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from the defendants. I also observed conduct and actions on the parts of Mr. Samuelson and Mr.
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Beardsley as Zillow officers and employees that I believed was unlawful and violated an order
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that had been entered against Mr. Samuelson. I decided to disclose my observations and
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knowledge to one of the attorneys for Move, Inc., Mr. Singer, who I erroneously identified as
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"Mr. Skinner," in an unsigned letter to him. I did not disclose this information as a "disgruntled"
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or "bitter" employee as Zillow has claimed. I did so confidentially because I wanted to avoid
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and was worried about retribution and retaliation from Zillow for disclosing the activities I had
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witnessed.
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Each and every statement in the letter I sent to Mr. Singer true and correct to the best of
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my knowledge, and each is based upon personal observation and experiences, except that my
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CROCKER DECL. IN SUPPORT OF PLAINTIFFS' MOTION TO
UNSEAL THE SINGER DECLARATION AND ATTACHED
WHISTLEBLOWER LETTER - 2
2348919.2
#982031 v I /99985-001
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reference to "other databases" meant mUltiple sources of data compiled into one spreadsheet. I
have not revealed any "trade secret" in this letter. The letter does not contain information or
describe a method or process that derives independent economic value from not being generally
known and readily ascertainable by others who might economically benefit from the
information's disclosure.· I do not understand the unlawful character of the conduct described to
be a trade secret.
My letter to Mr. Singer asked that it be destroyed because I was concerned about
retaliation from Zillow and that being labeled publically as a "whistleblower" would harm my
future employment prospects. I did not ask or suggest the letter be made available to the public,
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nor did I confer in advance with any person, including counsel, affiliated with the parties in the
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lawsuit about my letter or its contents. My only communications with Mr. Singer before sending
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the letter involved my telling him that as long as I was a Zillow employee he would have to go
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through the proper channels for us to communicate and I redirected him back to Perkins Coie.
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I have retained Jacquelyn Beatty ofKarr Tuttle Campbell to represent me in this matter.
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I swear under the penalty of perjury under the laws of the State of Washington that the
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foregoing is true and correct.
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Dated this 2-o1'.t day of April 2015, in Seattle, Washington.
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Chris Crocker
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CROCKER DECL. IN SUPPORT OF PLAINTIFFS' MOTION TO
UNSEAL THE SINGER DECLARATION AND A IT ACHED
WHISTLEBLOWER LETTER - 3
2348919.2
#98203 1 v 1 I 99985-00 I
CERTIFICATE OF SERVICE
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I hereby certify that on April 20, 2015, I electronically filed the foregoing with the Clerk
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of the Court using the Court's CM/ECF System which will send notification of such filing to the
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following individuals registered to receive electronic notices by email transmission at the email
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addresses provided thereto.
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CMIECF Participants:
Susan E. Foster
Kathleen M. O'Sullivan
Katherine G. Galipeau
Mary P. Gaston
PERKINS COlE LLP
Clemens H. Barnes
Estera Gordon
MILLER NASH GRAHAM & DUNN LLP
Counsel for Errol Samuelson
Counsel for Zillow, Inc.
I further certify that I served a copy of the foregoing to the following non-registered
CM/ECF attorneys via electronic mail:
David J. Burman
Judith B. Jennison
PERKINS COlE LLP
dburman@perkinscoie.com
i jennison@perkinscoie.com
K. Michael Fandel
MILLER NASH GRAHAM & DUNN LLP
michael.fanclel(mmillernash.com
Counsel for Errol Samuelson
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Counsel for Ziilow, Inc.
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James P. Savitt
SAVITT BRUCE & WILLEY LLP
jsavitt(m,sbwllp.com
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Counsel for Curt Beardsley
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I declare under penalty of perjury under the laws of the State of Washington that the
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foregoing is true and correct.
DATED at Seattle, Washington on April 20, 2015.
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Is/Katy Albritton
Katy Albritton, Legal Assistant
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PLAINTIFFS' MOTION TO FILE DOCUMENTS
UNDER SEAL - 6
CABLE, LANGENBACH,
KINERK & BAUER, LLP
1000 SECOND AVENUE, SUITE 3500
SEATILE, WASHlNGTON 98 \04-1 048
(206) 292-8800