Netquote Inc. v. Byrd

Filing 149

MOTION for Summary Judgment by Defendants, Inc., Brandon Byrd. (Attachments: # 1 Affidavit Decl. of M. Levy, # 2 Exhibit 1 to Decl. of M. Levy, # 3 Exhibit 2 to Decl. of M. Levy, # 4 Exhibit 3 to Decl. of M. Levy, # 5 Proposed Order (PDF Only) Granting Motion for Summary Judgment)(Isenberg, Ryan)

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Netquote Inc. v. Byrd Doc. 149 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00630-DME-MEH NETQUOTE INC, a Colorado corporation, Plaintiff, v. BRANDON BYRD, an internet user making use of the IP Addresses and, and MOSTCHOICE.COM, Inc., a Georgia corporation Defendants. ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ COME NOW, Defendants, Inc. and Brandon Byrd and file this their Motion for Summary Judgment. Defendants show that there are not issues of material fact in dispute and that judgment is warranted as a matter of law in their favor. In support of this motion, Defendants rely upon all pleadings of record, a Memorandum of Law in Support Hereof, a Motion to Exclude the Plaintiff's Expert Witness, and Exhibits and Depositions, which have been filed with the Court. WHEREFORE, Defendants pray that this motion be granted, or in the alternative, be granted in part should the Court find that appropriate. [Signature on next page] Dated this 14th day of December, 2007. s/ Ryan Isenberg Ryan L. Isenberg, Esq. Isenberg & Hewitt, P.C. 7000 Peachtree Dunwoody Road Building 15, Suite 100 Atlanta, Georgia 30328 Telephone: 770-351-4400 Facsimile: 770-828-0100 (Fax) Email: CERTIFICATE OF SERVICE I hereby certify that on this 14th day of December, 2007, I served the foregoing Motion for Summary Judgment by electronic delivery, as an attachment to an email, to the following counsel of record: David W. Stark Heather Carson Perkins Daniel D. Williams Theresa T. Tate FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 s/ Ryan Isenberg

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