Gordon v. Virtumundo Inc et al

Filing 10

DECLARATION of Allen Brandt filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 8 MOTION to Dismiss For Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) (Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 10

Case 2:06-cv-00204-JCC

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Filed 03/16/2006

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The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM', Plaintiff, v. VIRTUMUNDO, INC, a Delaware corporation, d/b/a ADNOWLEDGEMAIL.COM; ADKNOWLEDGE, INC., a Delaware corporation, d/b/a ADKNOWLEDGEMAIL.COM; SCOTT LYNN, an individual; and JOHN DOES, I-X, Defendants. I, Allen Brandt, do declare and testify as follows: 1. I am over the age of eighteen (18) years, and competent to testify NO. CV06-0204 DECLARATION OF ALLEN BRANDT IN SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION NOTE ON MOTION CALENDAR: APRIL 7, 2006

to the matters stated herein. 2. I am, and have been at all times relevant to this lawsuit, a

resident of the State of Kansas. 3. I am currently General Counsel for Virtumundo, Inc.. As such,

and I am knowledgeable about the business practices, and methods and manner of operation at issue for Virtumundo, Inc. in this lawsuit. DECL. OF ALLEN BRANDT RE DEFS.' MOT. TO DISMISS - 1
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

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4.

Virtumundo, Inc. Was never properly served with process in this

action. Virtumundo does not waive Plaintiff's obligation to serve valid process on it. 5. Virtumundo, Inc. is organized under the laws of the State of

Delaware and has its principal place of business in Overland Park, Kansas. 6. Virtumundo, Inc. does not currently have any relationship to

Defendant Adknowledge, Inc. Virtumundo, Inc. does not "do business as" Adknowledgemail.com, as alleged in Plaintiff James Gordon's Complaint. 7. Adknowledge, Inc. and Virtumundo, Inc. are two separate

corporate entities and currently have no relationship to each other.

VIRTUMUNDO'S BACKGROUND AND BUSINESS OPERATIONS 8. Virtumundo, Inc. is engaged in the business of online marketing,

including marketing through email, providing services to optimize Internet web sites, and providing key word advice. Virtumundo, Inc. has approximately 20 employees. 9. Virtumundo's marking services are permission-based services

provided to various third party clients, including Sears, Roebuck and Co. and Prudential Financial. 10. Consumers "opt-in" to Virtumundo's marketing services by

indicating that they are interested in receiving marketing offers regarding certain subject matter. These consumers voluntarily provide their information to Virtumundo, or its marketing partners through web sites such as www.iwon.com and www.grandprizecentral.com. 11. Either Virtumundo or its marketing partners provide clear and

conspicuous notice to these consumers prior to registration that the information the consumers provide will be used by these marketing partners and those affiliated with them (e.g., Virtumundo) to market to them via eDECL. OF ALLEN BRANDT RE DEFS.' MOT. TO DISMISS - 2
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

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mail and/or the Internet. 12. All emails transmitted by Virtumundo contain accurate

information in the subject line. Virtumundo employs processes to screen each message that is transmitted. Similarly, Virtumundo has not ever obscured or misrepresented any transmission information with respect to any emails. At all times, Virtumundo only transmits emails from domains that it owns.

B.

VIRTUMUNDO INC.'S LACK OF CONTACTS WITH WASHINGTON STATE 13. Virtumundo has no offices or employees in the State of

Washington. 14. Virtumundo does not own or rent real property in the State of

Washington. 15. 16. All of Virtumundo's employees are located in the State of Kansas. Virtumundo has not previously and does not now focus any sales

efforts with respect to its underlying clients to the State of Washington. Virtumundo has not targeted any bulk email or other advertisements to the State of Washington. 17. Virtumundo does not have an office, statutory agent, telephone

listing or mailing address in Washington. 18. Virtumundo does not have any vendors, bank accounts, licenses

or other operations in Washington. 19. 20. Virtumundo is not subject to any taxation in Washington. Virtumundo does not advertise in any Washington newspapers or

magazines or other Washington media. 21. 22. Virtumundo does not have any Washington-based shareholders. None of Virtumundo's employees or agents have traveled to

Washington on official business. 23. Virtumundo does not generate any substantial percentage of its
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

DECL. OF ALLEN BRANDT RE DEFS.' MOT. TO DISMISS - 3

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