CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. SERVIN et al

Filing 30

Memorandum in opposition to re 28 MOTION for Leave to File Sur-Reply Brief in Opposition to Defendants' Motion for a Stay of Discovery and Rule 26 Disclosures filed by MORGAN GOODWIN, JOHN and JANE DOES NOS. 1-20, SARAH MURPHY, JACQUES SERVIN, DAVID SIEVERS, SUPPORT AND COMMITMENT, INC., IGOR VAMOS. (Attachments: # 1 Text of Proposed Order)(Corn-Revere, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CHAMBER OF COMMERCE OF THE
UNITED STATES OF AMERICA,
Plaintiff,
v.
JACQUES SERVIN, et al.
Defendants.

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Case No. 09-CV-02014-RWR

DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
MOTION FOR LEAVE TO FILE SUR-REPLY BRIEF
AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Defendants oppose Plaintiff’s Motion for Leave to File a Sur-Reply Brief, and in support
state as follows:
As explained in Defendants’ counsel’s March 22, 2010 letter to Plaintiff’s counsel,
attached to Plaintiff’s Motion for Leave to File a Sur-Reply Brief as Exhibit K, “Defendants have
not controlled the site [www.chamber-of-commerce.us] since January 1, when an unrelated
person registered it.” Defendants’ Motion to Dismiss is fully briefed and ready for the Court’s
decision and is unaffected by Plaintiff’s attempt to manufacture side-issues.
WHEREFORE, Defendants oppose Plaintiff’s Motion for Leave to File a Sur-Reply Brief
and respectfully request that this Court deny Plaintiff’s Motion.
Dated this 31st day of March, 2010.

Respectfully submitted,
/s/ Robert Corn-Revere
Robert Corn-Revere (D.C. Bar No. 375415)
[e-mail]

Lisa B. Zycherman (D.C. Bar No. 495277)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, NW, Suite 200
Washington, D.C. 20006
[phone]
[phone] fax
Bruce E. H. Johnson (admitted pro hac vice)
[e-mail]
Ambika Doran (admitted pro hac vice)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
[phone]
[phone] fax
Thomas R. Burke (admitted pro hac vice)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
[phone]
[phone] fax
Matthew Zimmerman (pro hac vice pending)
[e-mail]
Corynne McSherry (pro hac vice pending)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, CA 94110
[phone]
[phone] fax

CERTIFICATE OF SERVICE
Pursuant to LCvR 5.3, I hereby certify that, on March 31, 2010, I electronically filed with
the Clerk of the Court the foregoing Opposition to Plaintiff’s Motion for Leave to File a SurReply Brief using the CM/ECF system, and service was effected electronically pursuant to LCvR
5.4(d) on the following parties:

Michael John Mueller
Hunton & Williams LLP
1900 K Street, NW, Suite 1200
Washington, D.C. 20006
Email: [e-mail]
Deepak Gupta
Public Citizen Litigation Group
1600 20th Street, NW
Washington, D.C. 20009
[e-mail]
Gregory A. Beck
Public Citizen Litigation Group
1600 20th Street, NW
Washington, D.C. 20009
[e-mail]

/s/ Robert Corn-Revere
Robert Corn-Revere (D.C. Bar No. 375415)