USCA Case #18-7185

Document #1767854

Filed: 01/10/2019

Page 1 of 3

UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT
K&D, LLC, t/a Cork,

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Appellant,
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v.
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Case No. 18-7185
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Trump Old Post Office, LLC, et al., *
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Appellees.
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STATEMENT OF ISSUES TO BE RAISED
Appellant K&D, LLC, t/a Cork, by and through undersigned counsel,
hereby responds to the Court’s Scheduling Order dated December 11, 2018,
and states that it will raise the following issues on appeal:
1. Whether the District Court erred in concluding that removal by
Appellees Trump Old Post Office, LLC and Donald J. Trump under
28 U.S.C. § 1441(a), on the ground that Appellant’s complaint arises
under the laws of the United States within the meaning of 28 U.S.C. §
1331, was proper?
2. Whether the District Court erred in concluding that removal by
Appellee Donald J. Trump under 28 U.S.C. § 1442(a)(1), on the
ground that the conduct of Appellee Donald J. Trump that is the basis
of the complaint related to acts undertaken by him under color of the
office of President of the United States, was proper?

 USCA Case #18-7185

Document #1767854

Filed: 01/10/2019

Page 2 of 3

3. Whether the District Court erred in concluding the Appellant had
failed to sufficiently allege tortious actions by the Appellees that fell
within the scope of unfair competition under the common law of the
District of Columbia?
Date: January 10, 2019
Respectfully submitted,
/s/
______________________________
Bradley P. Moss, Esq.
D.C. Bar #975905
Mark S. Zaid, Esq.
D.C. Bar #440532
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 700
Washington, D.C. 20036
Brad@MarkZaid.com
Mark@MarkZaid.com
Attorneys For The Appellant

 USCA Case #18-7185

Document #1767854

Filed: 01/10/2019

Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on January 10, 2019, I electronically filed the foregoing
with the Clerk of the Court using the ECF system, which will send notice of such
filing to all attorneys of record in this matter.
/s/
______________________________
Bradley P. Moss, Esq.
D.C. Bar #975905
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 700
Washington, D.C. 20036
Brad@MarkZaid.com