Gordon v. Virtumundo Inc et al

Filing 139

DECLARATION of Scott Moore filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 127 MOTION for Attorney Fees and Costs (Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 139

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MOORE DECL. IN SUPPORT OF DEFS' MOTION FOR FEES [NO. CV06-0204JCC] - Page 1

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'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs, 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, 1-X, Defendants. I, Scott Moore, declare and testify as follows: 1. I am over eighteen years of age, competent to testify to the matters stated in this declaration, and make this declaration from personal knowledge of those matters. 2. I am the president of defendant Virtumundo, Inc. ("Virtumundo"), and have been an officer of Virtumundo for six (6) years. Before I became the NO. CV06-0204JCC DECLARATION OF SCOTT MOORE IN SUPPORT OF DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS NOTE ON MOTION CALENDAR: July 6, 2007

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

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company's president, I served as its Chief Operating Officer, Vice President of Operations, and Director of Information Technology. I am very familiar with Virtumundo's business practices and standard operating procedures. I have reviewed the email (Email")which Plaintiff James Gordon ("Gordon") attached as Exhibit B to his July 2, 2007 declaration filed in the above-captioned lawsuit (Dkt. #136). In paragraph 4 of his declaration, Gordon incorrectly refers to the Email as a "recent spam from Defendant Virtumundo". In truth, Virtumundo did not send the Email. The Email purports to advertise the services of Charter Communications. However, Charter Communications is not, and has never been, a customer of Virtumundo. Virtumundo has never sent any emails on behalf of Charter Communications. Further, the Email does not include Virtumundo's standard header or footer, and its "from line" is styled differently from the "from lines" in emails sent by Virtumundo. The Email purports to have been delivered to <[e-mail]>. However, at least one year ago, Virtumundo suppressed the transmission of any emails to addresses in the <gordonworks.com> domain. Accordingly, it would have been impossible for <faye @gordonworks.com> or anyone else with a <gordonworks.com> email address to have received email from Virtumundo for at least the past year. Virtumundo is not sending any email to Plaintiffs and has no plans to do so. The Email purports to have been sent from an address in the <deployimedia.com> domain. According to publicly available WHOIS records, the registrar for <deployimedia.com> is Tucows, Inc., whose services Virtumundo has never used. WHOIS records also indicate that the registrant is "InfoUSA", an entity which is unrelated to Virtumundo, and that InfoUSA's servers hosting facility is Rackspace.com, whose services

MOORE DECL. IN SUPPORT OF DEFS' MOTION FOR FEES [NO. CV06-0204JCC] - Page 2

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]