FILED 16 FEB 12 PM 3:56 KING COUNTY SUPERIOR COURT CLEF CASE NUMBER: 16-2-03420- SUPERIOR COURT OF WASHINGTON FOR KING COUNTY RASIER, LLC, a Delaware corporation, Plaintiff, No. v. COMPLAINT FOR INJUNCTIVE RELIEF CITY OF and JEFF KIRK, Defendants. Rasier, LLC (?Rasier?) for its complaint against the City of Seattle (?the City?) and Jeff Kirk, states and alleges as follows: I. NATURE OF ACTION 1. This action seeks preliminary and permanent injunctive relief, pursuant to RCW 42.56.540, 425627001) and CR 65, to prevent the City from being compelled to disclose Rasier's proprietary information and trade secrets sought pursuant to the attached records request from Kirk. II. PARTIES 2. Plaintiff Rasier is a Delaware corporation with principal place of business at 1455 Market Street, 4th Floor, San Francisco, Califomia 94103. Rasier conducts business in Seattle, Washington, among other places. 3. The City of Seattle is a Washington municipal corporation. It has its principal offices at the Office of the Mayor, City Hall, 600 Fourth Avenue, Seattle, Washington 98104. COMPLAINT FOR INJUNCTIVE RELIEF - I No. 15-2-17545-9 SEA LANE POWELL PC 1420 FIFTH AVENUE. SUITE 4201} PD. BOX 9 3fl2 WA. 93] 205.223.1'000 FAX: 206.223.?l0? 9 SEA ll 4. Jeff Kirk sent an e-mail to the City seeking the information at issue herein. Mr. Kirk is joined as a party because of his interest in the subject of this action. See Burt v. Dep effort. 168 Wn.2d 828 (2010). JURISDICTION AND VENUE 5. The Court has original jurisdiction over the subject matter of this action under RCW 42.56.540 and RCW 2.08.010. 6. Venue is proper under RCW 42.56.540 because the public records at issue are maintained in Seattle, Washington. IV. 7. Rasier is a wholly owned subsidiary of nonparty Uber Technologies, Inc. Uber is a private technology company that has developed software (the ?Uber App") that enables independent third?party transportation providers (?Drivers?) to receive and respond to requests for prearranged transportation from interested riders (?Riders?). Rasier licenses the Uber App from Uber. 8. In King County and the City of Seattle, Rasier has a license to operate a transportation network company pursuant to licenses issued by King County and the City of Seattle. Rasier screens potential Drivers, licenses the Uber App to Drivers, and provides other services related to those activities. The Drivers pay Rasier a fee for their use of the Uber App and associated services. 9. The Seattle City Council has enacted ordinances that purport to regulate peer- to-peer ridesharing services and related services. Among other things, this legislation requires ?Transportation Network Companies? to be licensed by the City. See Seattle Mun. Code 6.310.130. 10. Rasier is licensed as a TNC in Seattle. ll. The City?s ordinances also require that TNCs submit to the City detailed operational information on a quarterly basis. Seattle Mun. Code 6.310.540. COMPLAINT FOR INJUNCTIVE RELIEF - 2 No. lS-2-l7545-9 SEA LANE POWELL PC 1420 FIFTH AVENUE. 4200 PO. BOX 9 302 WA. 93] l?9402 206.223.?000 FAX: 206.223.?l0? I 11 12. Rasier has submitted the reports required by this provision, designating the information in those reports as confidential and proprietary, as allowed by the ordinance. 13. Rasier and the City negotiated and executed a Confidentiality Agreement that requires the City to notify Rasier if disclosure of such data is requested. 14. On January 26, 2016, defendant Jeff Kirk sent the City an email requesting: the total number of rides provided by each [Lyft and Uber]; (2) the percentage or number of rides picked up in each zip code; (3) the pick-up and drop-off zip codes of each ride; (4) the number of rides when an accessible vehicle was requested; and (5) reports of crimes against drivers, and, if available, passengers" for the last two quarters. In his e?mail, Kirk claimed that the ?data will be immensely helpful to me in determining whether the TNCs are adequately serving every part of town, and not redliningr or otherwise discriminating against persons of color." A copy of this email is attached as Exhibit A. 15. The letter did not specify under what authority Mr. Kirk?s request is being made but the City has interpreted the letter as a request under Washington?s Public Records Act obligating it to release the requested information. 16. The City notified Rasier on February 2, 2016 that without judicial intervention, it will release those reports on February 17, 2016. A copy of this notification is attached as Exhibit B. 17. The information requested has significant economic value, actual and potential, because it is not generally known, and not readily ascertainable, to other persons (including Rasier?s competitors in the Seattle market) who would derive economic value from its disclosure. 18. Rasier has made substantial efforts to maintain the secrecy of this information not only outside the company but inside the company. Rasier and its parent company, Uber, have limited employees? access to the information and contractually require employees to keep it confidential both during and after the term of their employment. COMPLAINT FOR UNCTIVE RELIEF - 3 No. 15-2-17545-9 SEA LANE POWELL PC 1420 FIFTH AVENUE. 4200 PO. BOX 91302 WA. 93] 1?9402 206.223.1'000 FAX: 206.223.?10? ll 19. The information at issue therefore constitutes Rasier?s trade secrets, RCW 19. and is exempt from disclosure under RCW 42.56.0700). 20. Similarly, the information contained in these reports is proprietary, commercially sensitive financial information of Rasier. The information is therefore exempt from disclosure under RCW 21. If the information contained in these reports were publicly disclosed, Rasier would suffer a substantial and irreparable competitive disadvantage, which could substantially impair its business. 22. Forcing the disclosure of preprietary data and trade secrets is not in the public interest until Raiser has its day in court. To the contrary, the public interest favors the protection of trade secrets, which provides incentives for companies to commit their resources toward doing business in Washington. 23. Moreover, on information and belief, contrary to Kirk?s assertion, the requested data will not answer whether are adequately serving every part of town, and not redlining or otherwise discriminating against persons of color.? V. CLAIM FOR INJUNCTIVE RELIEF 24. The allegations contained in paragraphs 1 through 23, above, are incorporated herein by reference. 25. Rasier has a clear legal or equitable right to enjoin disclosure of its proprietary information and trade secrets, as well as a well?grounded fear of invasion of that right. 26. Unless the City is preliminarily, and thereafter permanently, enjoined from releasing that information, Rasier will be substantially and irreparany harmed. 27. Rasicr has no adequate remedy at law to prevent the harm that will result if the City were to publicly release Rasier?s proprietary information and trade secrets. 23. The public interest does not favor such disclosure. 29. Accordingly, pursuant to RCW 7.40.020, RCW 42.56.540 and RCW 19.108020, Rasier is entitled to a temporary restraining order, and thereafter preliminary and COMPLAINT FOR INJUNCTIVE RELIEF - 4 No. 15-2-17545-9 SEA LANE POWELL PC 1420 FIFTH AVENUE. SUITE 4200 PO. BOX 91302 WA. 93] l?9402 206.223.?000 FAX: 206.223.?l0? 29264.0004f6602323. I 11 permanent injunctions, enjoining the City from disclosing the proprietary and trade?secret information sought by Kirk?s request. V1. REQUEST FOR RELIEF WHEREFORE, Rasier requests relief in its favor and against Seattle as follows: A. A temporary restraining order, preliminary injunctive relief, and permanent injunctive relief prohibiting the City from disclosing Rasier?s information to Kirk; and B. The granting of such other and further relief as the Court deems just and proper. DATED: February 12, 2016 LANE POWELL PC By sf Grant 3. Dem-ringer Grant 8. Degginger, WSBA No. 15261 deggingerg@lanepowellcom Rachel M. Bowe, WSBA No. 48602 bower@lanepowell.com Telephone: 206.223.7000 Facsimile: 206.223.7107 Attorneys for Plaintiff Rasier, LLC COMPLAINT FOR INJUNCTIVE RELIEF - 5 No. 15-2-17545-9 SEA LANE POWELL PC 1420 FIFTH AVENUE. SUITE 4200 PO. BOX 9l302 WA 93] l?9402 206.223.?000 FAX: 206.223.?l0? EXHIBITA From: WE Tu: Mitphell, Marx; Main-?esta; [Sara Subject: Fw: Public disciosure request #14890 Date: Tuesday, Ja-rnuanlr 26,. 2016 10:43:59 AM This has been logged #14890, change to your name in the log. Thanks, Mickey From: Jeff Kirk Sent: Tuesday, January,r 26, 2015 10:31 AM To: Subject: Public disclosure request Hello - pursuant to the recent court decision authorizing the city's release of trip data pertaining to transportation network companies (TN-Cs) Uber and Ly?, I would like to request copies of the following data for each company and for the most recent TWO quarters available: The total number of rides provided by each TNG. The percentage or number of rides picked up in each ZIP code. The pick-up and drop-off ZIP codes of each ride. The number of rides when an accessible vehicle was requested. Reports of crimes against drivers and, if available, passengers. My understanding is that all of these records are available to the public with respect to taxi service, so I presume a similar standard applies to TNCs. This data will be immensely helpful to me in determining whether the TNCs are adequately serving every part of town, and not redlining or otherwise discriminating against persons of color. Regards, Jeff Kirk EXHIBIT City of Seattle Edward B. Murray, Mayor Finance and Administrative Services Fred Podesta, Director February 2, 2016 Brooke Steger, General Manager Rasier, LLC 506 2nd Ave, Suite 31th) Seattle, WA 93104 via email: brooke@uber.com Brooke Steger: This letter is to inform you that Jeff Kirk has made a public records request for information submitted by Transportation Network Companies to the City pursuant to SMC 6.310.540. A copy of Mr. Kirk?s request is attached for your reference. As Uber has marked all records submitted to the City that are responsive to this public records request as ?con?dential? andfor ?proprietary?, we are providing you this notice as required by SMC 6.310.540D. Washington State?s Public Records Act requires that the City release records upon request unless the records are speci?cally exempted from disclosure. In compliance with our obligations under the law, the City intends to release the requested disclosable records in response to this and any other future requests. As an entity affected by the request, a TNC has the legal right under RCW 42.56.540 to bring a legal action to enjoin the release of any records it believes may not be subject to disclosure. The City anticipates making the requested records available to Mr. Kirk at the close of business on February 17', 2016, unless prior to that time you have obtained, and the City has been served with, a court injunction prohibiting disclosure. Sincerely, is! Kara L. Main-Hester Kara L. Main-Hester, Strategic Adviser Regulatory Compliance Consumer Protection [206) 634?8746 cc: Nancy Allred Department of Finance and Administrative Services Tel [206] 634-8434 Regulatory Compliance and Consumer Protection Division Fax [206] 684-5171} 3?00 Fifth Avenue, 42"4 Floor Hearing Impaired use the Washington Relay Service (7-1-1) RD. Box 94 669, Seattle, Washington 98 124-4669 FAS