Doe v. SexSearch.com et al

Filing 78

Response to 77 Motion to vacate Hearing and Motion to Dissolve the TRO filed by John Doe. (Boland, Dean)

Doe v. SexSearch.com et al

Doc. 78

Case 3:07-cv-00604-JZ

Document 78

Filed 04/03/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION John Doe Case No. 3:07-cv-604 PLAINTIFF Judge Jack Zouhary V. SexSearch.com, et al DEFENDANTS RESPONSE OF JOHN DOE TO EXPERIENCED INTERNET INC.'S MOTION TO VACATE

NOW COMES JOHN DOE, Plaintiff herein, and respectfully requests this Court deny Experienced Internet's motion as untimely for the reasons contained in the attached brief.

/s/ Brandie Hawkins Brandie Hawkins 0078485 124 S. Metcalf Street Lima, Ohio 45801 1.419.225.5706 phone [phone] fax Attorney for Plaintiff

/s/Dean Boland Dean Boland 65693 18123 Sloane Avenue Lakewood, Ohio 44107 [e-mail] 216.529.9371 phone [phone] fax Attorney for Plaintiff

Dockets.Justia.com

Case 3:07-cv-00604-JZ

Document 78 BRIEF

Filed 04/03/2007

Page 2 of 2

Experienced Internet.com, Inc. (Experienced) seeks to vacate the TRO for failure of John Doe to submit a verified complaint or affidavit in support of that TRO. (Experienced's Brief at 1). The complaint in this matter was verified on the record on March 2, 2007. (See transcript of March 2, 2007 TRO hearing). In addition, John Doe has filed a motion for leave to file an affidavit under seal to again verify the complaint. (Dkt. #76). That motion has not yet been ruled upon. That affidavit cannot be submitted except under seal as it contains information that is prohibited from public distribution under a protective order from this court. (Dkt. #10). Wherefore, John Doe respectfully requests this court deny Experienced's motion as untimely. It asks the court to address an issue that is not yet ripe for a decision as a ruling on Dkt. #76 is pending. CERTIFICATE OF SERVICE A copy of the foregoing was served on all parties whom have appeared by operation of the court's electronic filing system and will be served upon all Defendants whom have not appeared nor retained counsel by regular U.S. mail at the addresses listed on the complaint for each Defendant.

/s/Dean Boland Dean Boland 65693