The Honorable Robert H. Alsdorf

Defendants/third-party plaintiffs William and Roberta Sheehan allege as a third-party complaint against third-party defendants Yahoo!, Inc., Infospace, Inc., RWN Corporation, d/b/a Data-trac.com, and US Search.com, Inc., as follows:

1.1 Jurisdiction and venue are proper in this action because third-party defendants have transacted business in the King County, Washington, and because the actions of third-party defendants that are alleged to have injured plaintiffs in this action occurred in King County, Washington.

2.1 Plaintiffs in this action have commenced this action against defendants/third-party plaintiffs alleging, inter alia, that defendants have invaded plaintiffs' privacy and the privacy of employees of the City of Kirkland and their families, and interfered with plaintiffs' contractual relations, by collecting and disseminating over the internet certain information about the plaintiffs and employees of the City of Kirkland, including, but not limited to: addresses, telephone numbers and social security numbers.

2.2 Third-party defendant Yahoo!, Inc., is a Delaware corporation doing business in King County, Washington.

2.3 Third-party defendant Infospace, Inc., is a Delaware Corporation doing business in King County, Washington.

2.4 Third-party defendant RWN Corporation, d/b/a Data-trac.com, is a foreign corporation doing business in King County, Washington.

2.5 Third-party defendant US Search.com, Inc., is a foreign corporation doing business in King County, Washington.

2.6 Third-party defendants operate or maintain Internet web sites (or contract with other entities to operate or maintain such web sites) that collect, disseminate and publish information, or provide access to such information, about numerous persons including, but not limited to: names, addresses, telephone numbers and social security numbers.

2.7 Information about the plaintiffs, employees of the City of Kirkland, and their families including, but not limited to: names, addresses, telephone numbers and social security numbers is available to the public from third-party-defendants' web sites either for free or for a nominal fee.

2.8 Third-party defendants operate or maintain such web sites (or contract with other entities to operate or maintain such web sites) for commercial purposes.

2.9 Other third-parties have also published, made available and/or sold some or all of the plaintiffs' and City employee's addresses, telephone numbers, social security numbers, and other information to the public, including but not limited to: the Federal Court System (through publicly available pleadings and on the internet at http://pacer.psc.uscourts.gov); Washington State Courts (through publicly available pleadings and on the internet through JIS-LINK); Washington Department of Motor Vehicles; King County though the King County Public Library System, King County Law Library, King County Tax Assessor, and voter registration records; Qwest; Verizon; Stewart Title Company and all other major title companies; Midas International Inc.; Experian Information Solutions, Inc.; TransUnion; Equifax; Locateanyone.com; US Data Search; Wieder Marketing Int'l d/b/a Infosearch.com; Google, Inc.; WhoWhere? Inc.; AT&T; Switchboard Inc.; Microsoft d/ b/a msn.com; WorldPages Inc. and numerous other persons, corporations, government agencies and news media. These third-parties have published and continue to engage in the publication of the information or providing access to the information, either for free or a nominal fee, that the plaintiffs allege is private.

3.1 To the extent plaintiffs' claims in this action have legal merit, third-party defendants have caused or contributed to the damages and other harms alleged to have been suffered by plaintiffs.

3.2 To the extent defendants/third-party plaintiffs are held liable to the plaintiffs, third-party defendants are liable to defendants/third-party plaintiffs for contribution and indemnity under the common law and/or under RCW Chapter 4.22.

Pursuant to CR 18(a), defendant/third-party plaintiff William Sheehan asserts the following additional claims against third-party defendants.

4.1 An actual and substantial controversy has arisen as to whether defendants Sheehan and Rosenstein have a First Amendment right to collect and re-publish for political purposes the same types of information that third-party defendants are publishing for commercial purposes.

4.2. Defendant Sheehan seeks a declaratory judgment (RCW Chapter 7.24) establishing that the defendants Sheehan and Rosenstein have an equal or greater right under the First Amendment to collect and re-publish the same types of information that third-party defendants are publishing for commercial purposes, and that defendants'/third-party plaintiffs' publication, transfer, dissemination and disclosure of such information may not be more heavily restrained or be the basis for any more liability than the restraint and/or liability imposed upon third-party defendants.

In addition to the relief requested in defendants'/third-party plaintiffs' Answer and Counterclaims, the following additional relief is sought:

5.1 Defendant/third-party plaintiff Sheehan requests a declaratory judgment as set forth above.

5.2 Defendant/third-party plaintiff Sheehan demands that any injunction barring the publication or disclosure of names, addresses, telephone numbers, social security numbers or other information be content-neutral, viewpoint-neutral and tailored to promote a compelling interest of the "highest order" such that any injunction requested by the plaintiffs must apply equally to all parties subject to the jurisdiction of the Court and must bar all publication or disclosure of certain types of information without regard to whether the information relates to a particular person or was published or disclosed in a particular context or for a particular reason.

DATED this ____ day of June 2001,

By _______________________________

Elena Luisa Garella WSBA #23577 Attorney for Defendants Sheehan