Gordon v. Virtumundo Inc et al

Filing 30

MOTION to Dismiss by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn. Noting Date 9/15/2006. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Townsend, Roger)

Gordon v. Virtumundo Inc et al

Doc. 30 Att. 1

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[PROPOSED] ORDER GRANTING DEFS.' MOT. TO DISMISS - 1 (CV06-0204JCC)

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, 1-X, Defendants. THIS MATTER comes before the Court on the Motion to Dismiss ("Motion") filed by Defendants. The Court having reviewed the pleadings on file, including the First Amended Complaint, the Response to the Motion and the Reply thereto hereby finds and orders that: 1. Plaintiffs fail to adequately identify the manner and form in which email messages allegedly sent by Defendants violate which elements of 15 U.S.C. 7705 et seq. ("CAN-SPAM") and the Washington Commercial Electronic Mail Act, RCW 19.190 et seq. ("CEMA") such that Defendants do
505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

No. CV06-0204JCC [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

Dockets.Justia.com

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not have an opportunity to receive notice and an opportunity to respond. Accordingly, Plaintiffs First and Second Causes of Action under CAN-SPAM and CEMA are dismissed. 2. 3. Plaintiffs Third Cause of Action pursuant to the Washington Plaintiffs Fourth Cause of Action pursuant to the Washington Consumer Protection Act, RCW 19.86 is dismissed with prejudice. state law governing the promotional advertising of prizes, RCW 19.170 et seq. is dismissed with prejudice. DATED this ___ day of ______________, 2006. _______________________________ HON. JUDGE COUGHENOUR SENIOR UNITED STATES DISTRICT JUDGE

Presented by: NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP By: ________________________________ Derek A. Newman, WSBA #26967 Roger M. Townsend, WSBA #25525 Attorneys for Defendants Virtumundo, Inc.; Adknowledge, Inc.; and, Scott Lynn

[PROPOSED] ORDER GRANTING DEFS.' MOT. TO DISMISS - 2 (CV06-0204JCC)

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

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