Gordon v. Virtumundo Inc et al

Filing 84

DECLARATION of Derek A. Newman filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 53 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit A - Email Exchange Between Counsel# 2 Exhibit B - Requests for admissions that Defendant Virtumundo propounded on Plaintiffs# 3 Exhibit C - Omni's Responses to Virtumundo's First Requests for Admission)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 84

Case 2:06-cv-00204-JCC

Document 84

Filed 01/08/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs,

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. CV06-0204JCC DECLARATION OF DEREK A. NEWMAN IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT NOTE ON MOTION CALENDAR: January 12, 2007

I, Derek A. Newman, swear under penalty of perjury under the laws of the United States to the following: 1. I am counsel of record for defendants Virtumundo, Inc. ("Virtumundo") and

Adknowledge, Inc. ("Adknowledge"), am over age 18, and competent to be a witness. I am making this Declaration based on facts within my own personal knowledge. 2. Plaintiffs in this matter have at least seven (7) active CAN-SPAM lawsuits

in this district alone. (Omni Innovations LLC v. Inviva Inc. d/b/a American Life Direct
DECL. OF DEREK NEWMAN RE: OPP'N TO MOT. FOR SUMM. J. CASE NO. CV06-0204C - 1
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 84

Filed 01/08/2007

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and American Life Insurance Co. of New York, C06-1537 C; Omni Innovations LLC v. BMG Music Publishing NA Inc., C06-1350 C; Omni Innovations LLC v. Publishers Clearing House Inc. C06-1348 T; Omni Innovations LLC v. Efinancial LLC et al. C06-01118-MJP; Omni Innovations LLC v. Insurance Only Inc. et al. C06-01210-TSZ; Omni Innovations LLC v. Ascentive LLC et al. C06-01284-TSZ; Omni Innovations LLC et al v. Inviva Inc et al. C06-01537-JCC). 3. The depositions of plaintiffs James S. Gordon and Omni Innovations, LLC

are scheduled for January 10 and 11, 2006. 4. On or about December 28, 2006, I contacted Plaintiffs' counsel and asked

that he stipulate to move the motion for summary judgment back one week to permit Plaintiffs' depositions to be taken before Defendants' opposition to the Motion was due, and due to the holidays. Plaintiffs' counsel refused. Attached as Exhibit A is a true and correct copy of an email exchange between Plaintiffs' counsel and me on the subject. 5. Attached hereto as Exhibit B is a true and correct copy of the requests for

admissions that Defendant Virtumundo propounded on Plaintiffs. 6. Attached hereto as Exhibit C is a true and correct copy of Plaintiff Omni's

Answers and Responses to Defendant Virtumundo's First Requests for Admission to Omni. Plaintiffs admit in their response to Request No. 7 that they "were not `adversely affected' (as that term is used in 15 USC 7706(g)(1)) by the [emails they allege Defendants sent]." DATED this 8th day of January, 2007 at Seattle, Washington.

Derek A. Newman

DECL. OF DEREK NEWMAN RE: OPP'N TO MOT. FOR SUMM. J. CASE NO. CV06-0204C - 2

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

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