Академический Документы
Профессиональный Документы
Культура Документы
21
Case 2:06-cv-01537-JCC Document 21 Filed 06/15/2007 Page 1 of 4
10
11
23
Dockets.Justia.com
Case 2:06-cv-01537-JCC Document 21 Filed 06/15/2007 Page 2 of 4
Plaintiffs, by and through undersigned counsel, hereby move the Court for an order
1
lifting the stay in this case, for the limited purpose of hearing Plaintiffs motion for partial
2
3 summary judgment permanently enjoining Defendants from sending any further commercial
4 email to Plaintiffs .
6 As the Court is aware, the stay in this matter was entered based upon this Court’s pending
7 decisions on cross-motions for summary judgment in Gordon v. Virtumundo, et al. Since that
8 time the Court has issued its decisions in Virtumundo. Plaintiffs now request the Court to lift the
9
stay in order to hear Plaintiffs’ Motion for Partial Summary Judgment for injunctive relief noted
10
for July 6, 2007.
11
There is good cause to lift the stay to hear Plaintiffs’ motion in order to effectuate the
12
purpose of the CAN SPAM Act, and to enter an order that requires Defendants to stop sending
13
spam to Plaintiffs. The Court’s failure to do so will send the clear message to Plaintiffs, and
14
others similarly situated, that they have no remedy whatsoever under the Federal Can-Spam
15
16 statute. Such a result would undermine the clear intent of Congress in enacting that law.
18
23
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1
Certificate of Service
2
4 I, hereby, certify that on June 15, 2007, I filed the attached pleading with this Court via approved
6 Attorneys for Defendants: Derek Newman, Roger Townsend, Newman & Newman.
8 i.Justice Law, PC
9
1325 Fourth Ave., Suite 940
10
Seattle, WA 98101
11
/s/ Robert J. Siegel
12
Attorneys for Plaintiffs.
13
14
15
16
17
18
19
20
21
22
23