Twitter, Inc. v. Skootle Corp. et al

Filing 24

DECLARATION of Garland E. Harris in Support of 23 MOTION to Dismiss filed byGarland E. Harris. (Related document(s) 23 ) (far, COURT STAFF) (Filed on 5/11/2012)

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Yourname:

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Address:

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Phone Number: 1412-334-8440
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E-mail Address:

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arlandeharris

ail.com

ProSe

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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) Case Number: CV 12 1721
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) DECLARATION OF
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) [name} GARLAND E. HARRIS

[ WITTER, INC.

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Plaintiff( s),

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vs.
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KOOTLE CORP. ET AL.
PARLAND E. HARRIS

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) IN SUPPORT OF MOTION
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Defendant( s).

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EFENDANT'S MOTION TO DISMISS

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I, [name GARLAND E. HARRIS

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declare as follows:

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Ill
OTION TO DISMISS
CASE NO.

cv 12 1721

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In the first paragraph, explain who you are and how you are connected to
the party or events relevant to the lawsuit. Ifyou are the Plaintiff or Defendant,
~:t~·~·-·' 2 ' ''say s'IJ'here:' Jfyou are d\vi{n'ess; say how you ar'e involved. . ,· ·..
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I have personal knowledge of all facts stated in this declaration, and i

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called to testify, I could and would testify competently thereto.

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Continue writing facts that support the argument that the Court should gran
the motion. Write each fact in a separate paragraph, and number each paragraph.
Add additional sheets of paper as necessary. You may only testify to facts o
oceun;ences. thatyou .have.personalknowledge.of or that you personally witnessed .,, ..... . .,
Explain how you know each fact that you know.

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1. T e P aintiff stated tliat

eir aamages cause<I y me is at east $75,000, but "at

east" is below the threshold for Federal Court supports this Motion to Dismiss.

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2. The Plaintiff alleges "wrongdoing", but the complaint only supports a breach
of contract causing only the permanent suspension of a twitter account.

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3. The Plaintiff has suspended the Defendant's account and has no further remedy

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cording to their own TOS.

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. 4~ ~'Sp~" is, ~ell defined in the Can S~am Act .ar:d is appli~d to emav no: ~"'

'tweets". The Plaintiff is in error to make up "new" uses for legally defined words
d use the Court to confirm their new definition.

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DECLARATION OF
CASENO.

OTION TO DISMISS

121721

PAGENO.

[Insert this page if you need extra space. Make extra copies before you writ
on it.]

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5. n lignt of statement number "4. ", Garlano . arris Clio not spam Twitter or

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t's users and therefore could cause no damages.

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6. The Plaintiff states that the Defendant conducts business in California, which

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s patently false. The Defendant rejects the notion as ludicrous, that dealing with a

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ebsite located on worldwide redundant servers constitutes doing business in

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alifornia. NetworkSolutions.com: WHOis: twitter.com

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c

~.entR~gistrar: .. MELBO~ IT, LTD. D/B/A INTERNET NAMES

ORLDWIDE- IP Address: 168.143.161.20 (ARIN & RIPE IP search)

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ecord Type: Domain- Name Server Type: Apache

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ock Status: clientTransferProhibited WebSite Status: Active

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ustralia - World Headquarters

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elboume IT Ltd. Level2, 120 King Street Melbourne, Victoria- 3000

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7. The Defendant is absolutely not responsible for the Plaintiffs choices in it's

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rusade to "fight spam" and to hire a "Trust & Safety" team. These actions were

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ot stated in the Plaintiffs TOS as a condition of signing up, therefore the

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laintiffs "costs" are not proper to allege as cause for a Federal case. The Plaintiff

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8. The Plaintiff has a right to permanently suspend account according to
'Exhibit A", of it's TOS agreement, but no further remedies are stated or implied.

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9. The Plaintiff alleges baseless user comp aints, but lias stateo ffiat users can

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lock other users that they don't want to receive messages from.

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10. The Defendant has not damaged the Plaintiffs or it's users. If Twitter were

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amaged they would have emailed, called or messaged the Defendant via his

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ebsites asking for relief. The Defendant is VERY reachable online, e.g., email:

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axlap.®~@gmail.com,

blog: GarlartdEflaq:is.com. The Plaintiff was able to

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each the Defendant with improper service so it is evident that had they or their

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lients been damaged, there were far more expeditious means of reprieve.

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11. The PlaintiffNEVER emailed, called, messaged, tweeted or mailed a letter.

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WHEREFORE, I respectfully ask the Court to grant this motion, as well a

such other relief as may be just and proper.

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is true and correct an
that this declaration was executed on [date} '----....._,'---.;.,___-- - - - - . . . .----!!

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Date: =..::....::...~.::...:....:=-=-------~

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Printed name:

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Address:

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~arland

E. Harris

011 Adams St.

. Palm Beach, FL 33407
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Phone Number:o.,;,_l2=--.=..:33 4--=-. .;_4.:. 0_ _ __ __

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