United States of America v. Impulse Media Group Inc

Filing 31

DECLARATION of Robert S. Apgood filed by Defendant Impulse Media Group Inc re 17 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Plaintiff's Motion for Summary Judgment in another case# 2 Exhibit B - Himelfarb Declaration in another case# 3 Exhibit C - Exhibit N to Himelfarb Declaration# 4 Exhibit D - Statement of Facts for MSJ in another case# 5 Exhibit E - Vetter Declaration in another case# 6 Exhibit F - Bundy Declaration in another case# 7 Exhibit G - Defendant's Opposition to MSJ in another case# 8 Exhibit H - Defendant's MSJ in another case# 9 Exhibit I - Vivas Declaration in another case# 10 Exhibit J - Plaintiff's Response in Opoosition to MSJ in another case)(Apgood, Robert)

United States of America v. Impulse Media Group Inc

Doc. 31 Att. 9

Case 2:05-cv-01285-RSL

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EXHIBIT I
Dockets.Justia.com

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transmitted to the recipient on July 16, 2004. That e-mail message was sent after the individual had elected to receive e-mails from Cyberheat, and such election by the individual was dated on or after January 1, 2004; 36. Reviewing Cyberheat records for the individual identified by the Plaintiff

as "[e-mail]," your declarant discovered that on August 27, 2003, the individual using the e-mail address "[e-mail]" clicked the "Submit" button on a "join page," thereby sending a subscription request for membership to a Cyberheat Web site. When the individual clicked the "Submit" button, the "checkbox" was checked and he thereby notified Cyberheat that he desired to receive Cyberheat's e-mail communications. Cyberheat's records do not indicate that the individual at any time availed himself of the link in the messages sent to him that would allow him to remove his e-mail address from Cyberheat's e-mail list, nor did he write to Cyberheat at the physical address contained in the messages requesting to have his e-mail address removed from Cyberheat's mail list; 37. Exhibit "K" hereto comprises all electronic mail messages produced by the

Plaintiff that were sent to the recipient "[e-mail]" by Defendant Cyberheat. The messages were produced by the Plaintiff as files "0066235030" (Exhibit K-01) and "0066782723" (Exhibit K-02). The e-mail messages were transmitted to the recipient on July 23, 2004 and July 30, 2004, respectively. The e-mail messages were sent after the individual had elected to receive e-mails from Cyberheat; 38. Reviewing Cyberheat records for the individual identified by the Plaintiff

as "[e-mail]," your declarant discovered that on March 16, 2004, the individual using the e-mail address "[e-mail]" first subscribed to a Cyberheat Web site. At that time, he elected to receive Cyberheat newsletters and other mailings through use of the appropriate checkbox on the "join page." The individual subsequently has subscribed to other Cyberheat Web sites no fewer than four times.

DECLARATION OF ALLISON VIVAS IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT - 8

CARPELAW PLLC
2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)

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Cyberheat's records do not indicate that the subscriber at any time availed himself of the link in the messages sent to him that would allow him to remove his e-mail address from Cyberheat's e-mail list, nor did he write to Cyberheat at the physical address contained in the messages requesting to have his e-mail address removed from Cyberheat's mail list; 39. Exhibit "L" hereto comprises all electronic mail messages produced by the

Plaintiff that were sent to the recipient "[e-mail]" by Defendant Cyberheat. The names of the files as produced by the Plaintiff, the dates of the original transmissions of the e-mail messages, and the exhibit numbers are: File Name 0052294030 0054919488 0057049796 0057439189 0058147888 0058515102 0059748676 0060720830 0061590458 0062596738 0063347032 0063744921 0064427713 0064574121 0064824632 0065041590 0065271918 Date Transmitted 03/16/04 04/10/04 04/23/04 04/27/04 04/30/04 05/11/04 06/09/04 06/16/04 06/21/06 07/01/04 07/07/04 07/09/04 07/13/04 07/16/04 07/19/04 07/17/04 07/19/04 Exhibit No. L-01 L-02 L-03 L-04 L-05 L-06 L-07 L-08 L-09 L-10 L-11 L-12 L-13 L-14 L-15 L-16 L-17

DECLARATION OF ALLISON VIVAS IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT - 9

CARPELAW PLLC
2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)

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0065699369 0065824735 0065882019

07/21/04 07/22/04 07/22/04

L-18 L-19 L-20

Each of the e-mail messages was sent after the subscriber had elected to receive e-mails from Cyberheat through use of the appropriate "checkbox," and such elections by the subscriber were all dated on or after January 1, 2004; 40. Reviewing Cyberheat records for the individual identified by the Plaintiff

as "[e-mail]," your declarant discovered that on January 3, 2004, the individual using the e-mail address "[e-mail]" subscribed to a Cyberheat Web site. The individual twice subsequently has subscribed to other Cyberheat Web sites. Cyberheat's records do not indicate that the subscriber at any time availed himself of the link in the messages sent to him that would allow him to remove his e-mail address from Cyberheat's e-mail list, nor did he write to Cyberheat at the physical address contained in the messages requesting to have his e-mail address removed from Cyberheat's mail list; 41. Exhibit "M" hereto comprises all electronic mail messages produced by the

Plaintiff that were sent to the recipient "[e-mail]" by Defendant Cyberheat. The names of the files as produced by the Plaintiff, the dates of the original transmissions of the e-mail messages, and the exhibit numbers are: File Name CY000067-072 CY000127-129 CY000130-134 Date Transmitted 11/11/04 10/30/04 10/30/04 Exhibit No. M-01 M-02 M-03

Each of the e-mail messages was sent after the subscriber had elected to receive e-mails from Cyberheat through use of the appropriate "checkbox";

DECLARATION OF ALLISON VIVAS IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT - 10

CARPELAW PLLC
2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)