Wagner v. Digital Publishing Corporation et al

Filing 75

ORDER RE MOTION FOR PARTIAL SUMMARY JUDGMENT AND CONTINUING HEARING re 57 MOTION for Summary Judgment [Partial] as to Four Spams. Motion Hearing set for 10/2/2014 08:00 AM before Hon. William Alsup.. Signed by Judge Alsup on 8/11/2014. (whalc3, COURT STAFF) (Filed on 8/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHRISTOPHER WAGNER,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-04952 WHA

v.

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DIGITAL PUBLISHING
CORPORATION, a Delaware corporation,
et al.,

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Defendants.
/

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ORDER RE MOTION FOR
PARTIAL SUMMARY
JUDGMENT AND CONTINUING
HEARING TO OCTOBER 2, 2014

In his second motion for partial summary judgment, plaintiff denies that he consented to

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receiving the four spam e-mails at issue. He further argues that even if he consented to receive e-

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mails from “third party entities, Contact 101 Inc. and PayDayBob,” he did not directly consent to

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receiving e-mails or advertisements from any of the Spire Vision companies (Br. at 1–2).

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In their opposition, defendants claim that they require additional time to determine

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whether plaintiff consented to receiving the spam e-mails. In addition to pursuing discovery

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related to the opt-in received from IP address 159.150.101.117, which plaintiff claims was never

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assigned to him, defendants also claim that plaintiff admitted to using numerous e-mail addresses

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in a deposition and that they are entitled to conduct discovery on how plaintiff received the

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various e-mails and whether he opted-in with some with some other e-mail address (Opp. at 14;

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Neta Decl., Exh. A).

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As the discovery deadline in this action has not yet passed, defendants shall have three
weeks to complete discovery on the issue of consent (direct or otherwise) and any other issues

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necessary to oppose plaintiff’s second motion for partial summary judgment. No extensions will

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be given. If plaintiff does not fully cooperate with discovery, however, the motion will be

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denied on that ground alone. The hearing on the second motion for partial summary judgment

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will be continued to 8:00 A.M. AT OCTOBER 2, 2014.

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IT IS SO ORDERED.

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Dated: August 11, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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