Answer to United States of America’s Complaint in Intervention and Cross Claims — No. 2:22-cv-00067 (Dkt. 25, E.D. Wash.)

Summary

The Answer to United States of America's Complaint in Intervention and Cross Claims filed April 29, 2024 as ECF No. 25 in United States ex rel. Krystal Jeffries v. All Star Property Management, LLC, Gieve Parker and Arlin Reynolds Jordin, No. 2:22-cv-00067-MKD, in the U.S. District Court for the Eastern District of Washington. Defendant Arlin Jordin answers each paragraph, stating for many that he lacks sufficient information to admit or deny. He admits that he entered into an Agreement with Gieve Parker and All Star Property on or about August 27, 2021 for the management of properties he owns in the City of Spokane, that he later terminated it, and that he had no knowledge of and did not authorize the unlawful conduct alleged. He asserts cross claims that Parker and All Star Property breached the Agreement, and the answer is signed by Todd Maybrown.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Answer to United States of America’s Complaint in Intervention and Cross Claims — No. 2:22-cv-00067 (Dkt. 25, E.D. Wash.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/answer-to-united-states-of-america-s-complaint-in-intervention-and-cro-bc3348d942/, SHA-256 896132e5b92f3e337b8f35a67c29107f7b4430ded538b93fc567e82168d77612.

Full text

Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.155 Page 1 of
20

1 Todd Maybrown
Attorney for Defendant Arlin Jordin
2
Allen, Hansen, Maybrown & Offenbecher, P.S.
3 600 University Street, Suite 3020
Seattle, WA 98101
4 206-447-9681 – Phone
206-447-0839 – Fax
5 todd@ahmlawyers.com
6

7
UNITED STATES DISTRICT COURT FOR THE
8 EASTERN DISTRICT OF WASHINGTON
9 UNITED STATES OF AMERICA ex rel.,
KRYSTAL JEFFRIES, NO. 2:22-cv-00067-MKD
10
Plaintiffs, ANSWER TO UNITED STATES OF
11
AMERICA’S COMPLAINT IN
v. INTERVENTION AND CROSS CLAIMS
12
ALL STAR PROPERTY MANAGEMENT,
13 LLC, GIEVE PARKER, and ARLIN
REYNOLDS JORDIN,
14
Defendants.
15

16 In response to Plaintiff United States of America’s Complaint in Intervention,
17 Defendant Arlin Jordin answers and alleges as follows:
18 I. INTRODUCTION
19 1. Defendant Arlin Jordin is without sufficient information to admit or deny the
20 allegations in Paragraph 1.
21 2. Defendant Arlin Jordin is without sufficient information to admit or deny the
22 allegations in Paragraph 2.
23 3. Defendant Arlin Jordin is without sufficient information to admit or deny the
24 allegations in Paragraph 3.
25 4. Defendant Arlin Jordin is without sufficient information to admit or deny the
26 allegations in Paragraph 4.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 1
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.156 Page 2 of
20

1 5. Defendant Arlin Jordin is without sufficient information to admit or deny the
2 allegations in Paragraph 5.
3 II. THE PARTIES, JURISDICTION, AND VENUE
4 A. The Parties
5 6. In answer to Paragraph 6, Defendant Arlin Jordin admits the United States has
6 brought this civil enforcement action.
7 7. Defendant Arlin Jordin is without sufficient information to admit or deny the
8 allegations in Paragraph 7.
9 8. Defendant Arlin Jordin is without sufficient information to admit or deny the
10 allegations in Paragraph 8.
11 9. Defendant Arlin Jordin admits the allegations in Paragraph 9.
12 10. In answer to Paragraph 10, Defendant Arlin Jordin admits he entered into an
13 Agreement with Defendants Gieve Parker and All Star Property on or about August 27, 2021.
14 As set forth further below, Defendants Gieve Parker and All Star Property breached the express
15 and implied terms of the Agreement and violated the duties owed to Defendant Arlin Jordin.
16 Defendant Arlin Jordin is without sufficient information to admit or deny the balance of the
17 allegations in Paragraph 10.
18 11. In answer to Paragraph 11, Defendant Arlin Jordin admits he owns properties
19 within the City of Spokane that were to be managed by Defendant All Star Property for a short
20 period of time. In addition, Defendant Arlin Jordin admits he is in custody at Coyote Ridge
21 Corrections Center in Connell, Washington. Defendant Arlin Jordin admits he had contact
22 with Defendants Gieve Parker during the relevant time periods, but such contact was limited
23 on account of his circumstances. Defendant Arlin Jordin has no knowledge of the unlawful
24 conduct as alleged in this Complaint. Defendant Arlin Jordin did not authorize or permit
25 Defendants Gieve Parker or All Star Property to engage in unlawful conduct.
26

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 2
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.157 Page 3 of
20

1 12. In answer to Paragraph 12, Defendant Arlin Jordin admits he terminated the
2 Agreement with Defendants Gieve Parker and All Star Property. Defendant Arlin Jordin denies
3 the balance of the allegations in Paragraph 12.
4 13. In answer to Paragraph 13, Defendant Arline Jordin admits Krystal Jeffries filed
5 a qui tam complaint against Defendants Gieve Parker and All Star Property. Defendant Arlin
6 Jordin is without sufficient information to admit or deny the balance of the allegations in
7 Paragraph 13.
8 B. Jurisdiction and Venue
9 14. Defendant Arlin Jordin admits the allegations in Paragraph 14.
10 15. Defendant Arlin Jordin admits the allegations in Paragraph 15.
11 16. Defendant Arlin Jordin admits the allegations in Paragraph 16.
12 17. In Answer to Paragraph 17, Defendant Arlin Jordin admits this Court may
13 exercise personal jurisdiction over Defendant Arlin Jordin. Defendant Arlin Jordin denies the
14 balance of the allegations in Paragraph 17.
15 III. LEGAL BACKGROUND
16 A. The False Claims Act
17 18. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
18 deny the allegations in Paragraph 18.
19 19. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
20 deny the allegations in Paragraph 19.
21 20. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
22 deny the allegations in Paragraph 20.
23 21. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
24 deny the allegations in Paragraph 21.
25 22. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
26 deny the allegations in Paragraph 22.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 3
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.158 Page 4 of
20

1 23. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
2 deny the allegations in Paragraph 23.
3 24. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
4 deny the allegations in Paragraph 24.
5 25. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
6 deny the allegations in Paragraph 25.
7 26. Insofar as these are legal claims, Defendant Arlin Jordin will neither admit nor
8 deny the allegations in Paragraph 26.
9 B. The Treasury and Rental Assistance Program (“T-RAP”)
10 27. Defendant Arlin Jordin is without sufficient information to admit or deny the
11 allegations in Paragraph 27.
12 28. Defendant Arlin Jordin is without sufficient information to admit or deny the
13 allegations in Paragraph 28.
14 29. Defendant Arlin Jordin is without sufficient information to admit or deny the
15 allegations in Paragraph 29.
16 30. Defendant Arlin Jordin is without sufficient information to admit or deny the
17 allegations in Paragraph 30.
18 31. Defendant Arlin Jordin is without sufficient information to admit or deny the
19 allegations in Paragraph 31.
20 C. T-RAP Application Requirements
21 32. Defendant Arlin Jordin is without sufficient information to admit or deny the
22 allegations in Paragraph 32.
23 33. Defendant Arlin Jordin is without sufficient information to admit or deny the
24 allegations in Paragraph 33.
25 34. Defendant Arlin Jordin is without sufficient information to admit or deny the
26 allegations in Paragraph 34.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 4
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.159 Page 5 of
20

1 35. Defendant Arlin Jordin is without sufficient information to admit or deny the
2 allegations in Paragraph 35.
3 36. Defendant Arlin Jordin is without sufficient information to admit or deny the
4 allegations in Paragraph 36.
5 37. Defendant Arlin Jordin is without sufficient information to admit or deny the
6 allegations in Paragraph 37.
7 38. Defendant Arlin Jordin is without sufficient information to admit or deny the
8 allegations in Paragraph 38.
9 39. Defendant Arlin Jordin is without sufficient information to admit or deny the
10 allegations in Paragraph 39.
11
IV. THE FRAUDULENT SCHEME
12

13 A. Gieve Parker’s and All Star Property’s False and Fraudulent T-
RAP Rent Payment Agreement Forms
14
40. Defendant Arlin Jordin is without sufficient information to admit or deny the
15
allegations in Paragraph 40.
16
41. Defendant Arlin Jordin is without sufficient information to admit or deny the
17
allegations in Paragraph 41.
18
42. Defendant Arlin Jordin is without sufficient information to admit or deny the
19
allegations in Paragraph 42.
20
43. Defendant Arlin Jordin is without sufficient information to admit or deny the
21
allegations in Paragraph 43
22
44. Defendant Arlin Jordin is without sufficient information to admit or deny the
23
allegations in Paragraph 44.
24
45. Defendant Arlin Jordin is without sufficient information to admit or deny the
25
allegations in Paragraph 45.
26

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 5
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.160 Page 6 of
20

1 46. Defendant Arlin Jordin is without sufficient information to admit or deny the
2 allegations in Paragraph 46.
3 47. Defendant Arlin Jordin is without sufficient information to admit or deny the
4 allegations in Paragraph 47.
5
B. Gieve Parkers and All Star Property Fraudulently Sought and
6 Obtained T-RAP Funds for Which They Were Not Eligible

7 48. Defendant Arlin Jordin is without sufficient information to admit or deny the

8 allegations in Paragraph.

9 49. Defendant Arlin Jordin is without sufficient information to admit or deny the

10 allegations in Paragraph 49.

11 50. Defendant Arlin Jordin is without sufficient information to admit or deny the

12 allegations in Paragraph 50.

13 51. Defendant Arlin Jordin is without sufficient information to admit or deny the

14 allegations in Paragraph 51.

15 52. Defendant Arlin Jordin is without sufficient information to admit or deny the

16 allegations in Paragraph 52.

17 53. Defendant Arlin Jordin is without sufficient information to admit or deny the

18 allegations in Paragraph 53.

19 C. Gieve Parker’s and All Star Property’s Certification and
Submission of False and Fraudulent T-RAP Rent Payment
20 Agreement Forms Were False and Fraudulent Claims for
Payment
21
54. Defendant Arlin Jordin is without sufficient information to admit or deny the
22
allegations in Paragraph 54.
23
55. Defendant Arlin Jordin is without sufficient information to admit or deny the
24
allegations in Paragraph 55.
25

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 6
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.161 Page 7 of
20

1 a. Tenant K.J.
2 56. Defendant Arlin Jordin is without sufficient information to admit or deny the
3 allegations in Paragraph 56.
4 57. Defendant Arlin Jordin is without sufficient information to admit or deny the
5 allegations in Paragraph 57.
6 58. Defendant Arlin Jordin is without sufficient information to admit or deny the
7 allegations in Paragraph 58.
8 59. Defendant Arlin Jordin is without sufficient information to admit or deny the
9 allegations in Paragraph 59.
10 60. Defendant Arlin Jordin is without sufficient information to admit or deny the
11 allegations in Paragraph 60.
12 61. Defendant Arlin Jordin is without sufficient information to admit or deny the
13 allegations in Paragraph 61.
14 62. Defendant Arlin Jordin is without sufficient information to admit or deny the
15 allegations in Paragraph 62.
16 b. Tenant K.B.
17 63. Defendant Arlin Jordin is without sufficient information to admit or deny the
18 allegations in Paragraph 63.
19 64. Defendant Arlin Jordin is without sufficient information to admit or deny the
20 allegations in Paragraph 64.
21 65. Defendant Arlin Jordin is without sufficient information to admit or deny the
22 allegations in Paragraph 65.
23 66. Defendant Arlin Jordin is without sufficient information to admit or deny the
24 allegations in Paragraph 66.
25 67. Defendant Arlin Jordin is without sufficient information to admit or deny the
26 allegations in Paragraph 67.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 7
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.162 Page 8 of
20

1 68. Defendant Arlin Jordin is without sufficient information to admit or deny the
2 allegations in Paragraph 68.
3 69. Defendant Arlin Jordin is without sufficient information to admit or deny the
4 allegations in Paragraph 69.
5 70. Defendant Arlin Jordin is without sufficient information to admit or deny the
6 allegations in Paragraph 70.
7 71. Defendant Arlin Jordin is without sufficient information to admit or deny the
8 allegations in Paragraph 71.
9 c. Tenants S.S.1 and S.W.
10 72. Defendant Arlin Jordin is without sufficient information to admit or deny the
11 allegations in Paragraph 72.
12 73. Defendant Arlin Jordin is without sufficient information to admit or deny the
13 allegations in Paragraph 73.
14 74. Defendant Arlin Jordin is without sufficient information to admit or deny the
15 allegations in Paragraph 74.
16 75. Defendant Arlin Jordin is without sufficient information to admit or deny the
17 allegations in Paragraph 75.
18 76. Defendant Arlin Jordin is without sufficient information to admit or deny the
19 allegations in Paragraph 76.
20 77. Defendant Arlin Jordin is without sufficient information to admit or deny the
21 allegations in Paragraph 77.
22 78. Defendant Arlin Jordin is without sufficient information to admit or deny the
23 allegations in Paragraph 78.
24 79. Defendant Arlin Jordin is without sufficient information to admit or deny the
25 allegations in Paragraph 79.
26

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 8
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.163 Page 9 of
20

1 d. Tenants D.A. and B.M.
2 80. Defendant Arlin Jordin is without sufficient information to admit or deny the
3 allegations in Paragraph 80.
4 81. Defendant Arlin Jordin is without sufficient information to admit or deny the
5 allegations in Paragraph 81.
6 82. Defendant Arlin Jordin is without sufficient information to admit or deny the
7 allegations in Paragraph 82.
8 83. Defendant Arlin Jordin is without sufficient information to admit or deny the
9 allegations in Paragraph 83.
10 84. Defendant Arlin Jordin is without sufficient information to admit or deny the
11 allegations in Paragraph 84.
12 85. Defendant Arlin Jordin is without sufficient information to admit or deny the
13 allegations in Paragraph 85.
14 86. Defendant Arlin Jordin is without sufficient information to admit or deny the
15 allegations in Paragraph 86.
16 87. Defendant Arlin Jordin is without sufficient information to admit or deny the
17 allegations in Paragraph 87.
18 e. Tenant J.P.
19 88. Defendant Arlin Jordin is without sufficient information to admit or deny the
20 allegations in Paragraph 88.
21 89. Defendant Arlin Jordin is without sufficient information to admit or deny the
22 allegations in Paragraph 89.
23 90. Defendant Arlin Jordin is without sufficient information to admit or deny the
24 allegations in Paragraph 90.
25 91. Defendant Arlin Jordin is without sufficient information to admit or deny the
26 allegations in Paragraph 91.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 9
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.164 Page 10 of
20

1 92. Defendant Arlin Jordin is without sufficient information to admit or deny the
2 allegations in Paragraph 92.
3 93. Defendant Arlin Jordin is without sufficient information to admit or deny the
4 allegations in Paragraph 93.
5 94. Defendant Arlin Jordin is without sufficient information to admit or deny the
6 allegations in Paragraph 94.
7
D. False Claims Submitted and Caused to be Submitted by Gieve
8 Parker and All Star Property

9 95. Defendant Arlin Jordin is without sufficient information to admit or deny the

10 allegations in Paragraph 95.

11 96. Defendant Arlin Jordin is without sufficient information to admit or deny the

12 allegations in Paragraph 96.

14 COUNT I
(Violation of False Claims Act)
15 (31 U.S.C. § 3729(a)(1)(A))
16
97. Defendant Arlin Jordin restates the answer herein.
17
98. Because these allegations are directed solely at Defendants Gieve Parker and All
18
Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
19
98.
20
99. Because these allegations are directed solely at Defendants Gieve Parker and All
21
Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
22
99.
23
100. Because these allegations are directed solely at Defendants Gieve Parker and All
24
Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
25
100.
26

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 10
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.165 Page 11 of
20

1 101. Because these allegations are directed solely at Defendants Gieve Parker and All
2 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
3 101.
4

5 COUNT II
(Violation of False Claims Act)
6
(31 U.S.C. § 3729(a)(1)(B))
7

8 102. Defendant Arlin Jordin restates the answers herein.

9 103. Because these allegations are directed solely at Defendants Gieve Parker and All

10 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph

11 103.

12 104. Because these allegations are directed solely at Defendants Gieve Parker and All

13 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph

14 104.

15 105. Because these allegations are directed solely at Defendants Gieve Parker and All

16 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph

17 105.

18 106. Because these allegations are directed solely at Defendants Gieve Parker and All

19 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph

20 106.

22 COUNT III
(Violation of False Claims Act)
23 (31 U.S.C. § 3729(a)(1)(G))
24
107. Defendant Arlin Jordin restates the answers herein.
25

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 11
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.166 Page 12 of
20

1 108. Because these allegations are directed solely at Defendants Gieve Parker and All
2 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
3 108.
4 109. Because these allegations are directed solely at Defendants Gieve Parker and All
5 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
6 109.
7 110. Because these allegations are directed solely at Defendants Gieve Parker and All
8 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
9 110.
10 111. Because these allegations are directed solely at Defendants Gieve Parker and All
11 Star Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph
12 111.
13
COUNT IV
14
(Payment by Mistake)
15 112. Defendant Arlin Jordin restates his answers herein.
16 113. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
17 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 113.
18 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 113.
19 114. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
20 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 114.
21 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 114.
22

23 COUNT V
24 (Unjust Enrichment)

25 115. Defendant Arlin Jordin restates his answers herein.

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 12
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.167 Page 13 of
20

1 116. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
2 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 116.
3 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 116.
4 117. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
5 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 117.
6 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 117.
7
COUNT VI
8
(Negligence)
9 118. Defendant Arlin Jordin restates his answers herein.
10 119. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
11 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 119.
12 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 119.
13 120. Insofar as these allegations are directed at Defendants Gieve Parker and All Star
14 Property, Defendant Arlin Jordin will neither admit nor deny the allegations in Paragraph 120.
15 Defendant Arlin Jordin denies the balance of the allegations in Paragraph 120.
16

17 DEFENDANT ARLIN JORDIN’S AFFIRMATIVE DEFENSES
18 1. Plaintiff’s Complaint does not state sufficient facts to state a cause of action
19 against Defendant Arlin Jordin.
20 2. Plaintiff’s damages, if any, were caused or contributed by the acts of omissions
21 of third parties over who Defendant Arlin Jordin exercised no control or right to control.
22 3. Plaintiff or the persons under Plaintiff’s control were at fault in how it conducted
23 its affairs relative to the incident described in Plaintiff’s Complaint. Such fault caused or
24 contributed to the damages complained of in this case.
25 4. People or entities other than Defendant Arlin Jordin caused or contributed to the
26 damages Plaintiff claims to have suffered. Therefore, any award made in favor of the Plaintiff
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 13
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.168 Page 14 of
20

1 in this case must be reduced by an amount equal to the percentage of the fault of others in
2 causing or contributing to the damages as alleged in the complaint.
3 5. To the extent discovery reveals supporting evidence, Defendant Arlin Jordin
4 reserves the right to claim that Plaintiffs have failed to properly and reasonably mitigate any
5 damages or injuries sustained, thereby limiting the Plaintiffs’ recovery insofar as any
6 damages were aggravated or exacerbated by the failure to mitigate.
7 6. As investigation and discovery into Plaintiff’s claims are ongoing, Defendants
8 reserve the right to amend and supplement its answers, including assertion of additional
9 affirmative defenses and counterclaims.
10

11 PRAYER FOR RELIEF

12 WHEREFORE, having fully answered the allegations contained in the Complaint,

13 and having asserted its affirmative defenses, Defendants prays as
14
follows:
15

16 1. That Plaintiff takes nothing under the Complaint, and that the Complaint

17 be dismissed with prejudice;
18
2. That the Court enter judgment in favor of Defendant Arlin Jordin;
19
3. That the Court award Defendant Arlin Jordin the costs, expenses, and attorneys’
20

21 fees incurred to defend against the claims asserted in the Complaint; and

22 4. That the Court award Defendant Arlin Jordin such further and other relief as this
23 Court deems just and proper.
24

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 14
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.169 Page 15 of
20

1
DEFENDANT ARLIN JORDIN’S CROSS-CLAIMS AGAINST DEFENDANTS
2
GIEVE PARKER AND ALL STAR PROPERTY
3
ARLIN JORIDIN, hereby files its Cross-Claims alleging that Defendant Gieve Parker,
4
individually, and through her company, Defendant All Star Property Management, LLC,
5
engaged in the following unlawful conduct:
6

7
COUNT I
8
(Breach of Contract)
9
1. On or about August 27, 2021, Arlin Jordin entered into a written Agreement
10
with Defendants Gieve Parker and All Star Property. Pursuant to this Agreement, Defendants
11

12 Gieve Parker and All Star Property agreed to “exclusively to rent, lease, operate, and manage”

13 several properties owned by Arlin Jordin. On information and believe, this Agreement was
14 drafted by Defendant Gieve Parker and its agents.
15
2. When entering into this Agreement, Defendant Gieve Parker was aware that
16
Arlin Jordin was incarcerated at the Coyote Ridge Correction Center, and therefore unable to
17
monitor or supervise the activities of Defendants Gieve Parker and All Star Property.
18

19 Defendants Gieve Parker and All Star Property took advantage of these circumstances, and

20 chose to mislead, deceive and disadvantage Arlin Jordin throughout the term of the Agreement.

21 3. By entering into this Agreement, Defendants Gieve Parker and All Star Property
22 became the agents for Arlin Jordin. As such, Defendants Gieve Parker and All Star Property
23
accepted duties of performance by which Defendants Gieve Parker and All Star were required
24
to act consistent with the accepted customs and practices of a property manager in the City of
25
Spokane. As such, Defendants Gieve Parker and All Star Property became the fiduciaries for
26

27 Arlin Jordin.

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 15
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.170 Page 16 of
20

1 4. Arlin Jordin relied upon the express and implied promises of Defendants Gieve
2
Parker and All Star Property under this Agreement.
3
5. Among these express and implied promises, Defendants Gieve Parker and All
4
Star Property agreed to abide by all legal requirements – including applicable federal laws, state
5
laws, local ordinances, and regulations – when renting, leasing, operating and managing Arlin
6

7 Jordin’s properties.

8 6. Among these express and implied promises, Defendants Gieve Parker and All
9 Star Property agreed to provide a complete and accurate accounting to Arlin Jordin.
10
7. Among these express and implied promises, Defendants Gieve Parker and All
11
Star Property agreed to provide accurate and complete records to Defendant Arlin Jordin.
12
8. Among these express and implied promises, Defendants Gieve Parker and All
13

14 Star Property agreed to collect lawful rental payments to Arlin Jordin.

15 9. Among these express and implied promises, Defendants Gieve Parker and All

16 Star Property agreed to transfer lawful rental payments to Arlin Jordin.
17 10. Among these express and implied promises, Defendants Gieve Parker and All
18
Star Property agreed to truthfully and accurately report their activities to Arlin Jordin.
19
11. Among these express and implied promises, Defendants Gieve Parker and All
20
Star Property agreed to use due diligence in the management of Arlin Jordin’s properties.
21

22 12. Among these express and implied promises, Defendants Gieve Parker and All

23 Star Property agreed to contract out needed repairs to contractors, pay expenses, and provide

24 complete and accurate receipts to Arlin Jordin.
25

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 16
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.171 Page 17 of
20

1 13. Among these express and implied promises, Defendants Gieve Parker and All
2
Star Property agreed to hire, discharge and coordinate all labor and subcontractors required for
3
the operation and maintenance of the premises.
4
14. Defendants Gieve Parker and All Star Property failed to abide by the express
5
and implied promises of the Agreement as set forth above.
6

7 15. On information and belief, Defendants Gieve Parker and All Star Property

8 misappropriated funds owing to Arlin Jordin.
9 16. On information and belief, Defendants Gieve Parker and All Star Property
10
engaged in schemes to defraud the United States and Arlin Jordin.
11
17. By reason of the facts and circumstances stated herein, Defendants Gieve Parker
12
and All Star Property breached the Agreement with Arlin Jordin.
13

14 18. By reason of the facts and circumstances stated herein, Defendants Gieve Parker

15 and All Star Property have caused financial harm to Arlin Jordin in an amount to be proven at

16 trial.
17
COUNT II
18 (Breach of Fiduciary Duties)
19
19. Arlin Jordin repeats and realleges the allegations contained in Paragraphs 1
20
through 18 above, as if fully set forth herein.
21
20. By entering into this Agreement, Defendants Gieve Parker and All Star Property
22

23 owed fiduciary duties of care, loyalty and good faith to Arlin Jordin. These duties included

24 obligations to abide by all applicable laws, ordinances and regulations, to exercise good

25 business judgment, to act prudently, to discharge their actions in good faith, to act in the best
26
interests of Arlin Jordin, and to put the interests of Arlin Jordin before their own.
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 17
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.172 Page 18 of
20

1 21. Defendants Gieve Parker and All Star Property breached their duties as a
2
fiduciary by, among other things, failing to abide by all laws, ordinances and regulations during
3
the management of Arlin Jordin’s properties.
4
22. Defendants Gieve Parker and All Star Property breached their duties as a
5
fiduciary by, among other things, illegally engaging in schemes to defraud the United States
6

7 and Arlin Jordin.

8 23. Defendants Gieve Parker and All Star Property breached their duties as a
9 fiduciary by, among other things, misappropriating funds owing to Arlin Jordin.
10
24. By reason of the facts and circumstances stated herein, Defendants Gieve Parker
11
and All Star Property have caused financial harm to Arlin Jordin in an amount to be proven at
12
trial.
13

14 COUNT III
15 (Indemnification and Contribution)

16 25. Arlin Jordin repeats and realleges the allegations contained in Paragraphs 1

17 through 24 above, as if fully set forth herein.
18 26. Arlin Jordin was not an active participant in the acts of Defendants Gieve Parker
19
and All Star Property that may have caused harm to the United States and Arlin Jordin.
20
27. By reason of the facts and circumstances stated herein, Defendants Gieve Parker
21
and All Star Property owe a duty of indemnification to Arlin Jordin.
22

23 28. By reason of the facts and circumstances stated herein, Defendants Gieve Parker

24 and All Star Property owe a duty of contribution to Arlin Jordin.

25
DEFENDANT ARLIN JORDIN’S PRAYER FOR RELIEF
26
1. That judgment be entered in favor of Arlin Jordin;
27

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 18
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.173 Page 19 of
20

1 2. That Arlin Jordin be awarded damages in an amount to be proven at trial;
2 3. That Arlin Jordin be awarded attorney’s fees and costs to the extent the law
3 allows; and
4 4. That Arlin Jordin be awarded such further and other relief as this Court deems
5 just and proper.
6
RESPECTFULLY SUBMITTED this 29th day of April, 2024.
7

9 /s/ Todd Maybrown
Todd Maybrown
10 Attorney for Defendant Arlin Jordin
Allen, Hansen, Maybrown & Offenbecher, P.S.
11

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 19
Case 2:22-cv-00067-MKD ECF No. 25 filed 04/29/24 PageID.174 Page 20 of
20

1
CERTIFICATE OF SERVICE
2

3 I hereby certify that on April 29, 2024, I electronically filed the above document with

4 the Clerk of the Court using the CM/ECF system, which will send notification of such filing to

5 all attorneys of record.
6
DATED at Seattle, Washington this 29th day of April, 2024.
7

8
/s/ Sarah Conger
9 Sarah Conger, Legal Assistant
Allen, Hansen, Maybrown & Offenbecher, P.S.
10
600 University Street, Suite 3020
11 Seattle, WA 98101
206-447-9681 – Phone
12 206-447-0839 – Fax
sarah@ahmlawyers.com
13

ANSWER TO PLAINTIFF UNITED STATES OF AMERICA’S
COMPLAINT IN INTERVENTION AND CROSS-CLAIMS – 20

File and source

File: 25.pdf
Size: 254,804 bytes
SHA-256: 896132e5b92f3e337b8f35a67c29107f7b4430ded538b93fc567e82168d77612
Our copy: 25.pdf
Original: No public link identified.