Omni Innovations LLC et al v. Smartbargains.com LP et al

Filing 17

ORDER by Judge John C Coughenour. The Court GRANTS IN PART AND DENIES IN PART 13 Dft's Motion to Dismiss Pltfs' CAN-SPAM Claims or to Stay this Litigation.(CL, )

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Omni Innovations LLC et al v. Smartbargains.com LP et al Doc. 17 Case 2:06-cv-01129-JCC Document 17 Filed 04/17/2007 Page 1 of 1 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 ORDER ­ 1 v. SMARTBARGAINS.COM, LP, Defendant. This matter comes before the Court on the Defendant's Motion to Dismiss Plaintiffs' CANSPAM Claims or to Stay this Litigation (Dkt. No. 13). Defendant points out that similar issues of law to those in the present matter are being litigated in another matter before this Court, Gordon v. Virtumundo, CV06-0204-JCC (W.D. Wash.) (Coughenour, J.). Plaintiffs do not oppose the granting of a stay. Defendant's motion is hereby GRANTED IN PART and DENIED IN PART. The case is STAYED pending resolution in Gordon v. Virtumundo, CV06-0204-JCC. Within thirty days of the resolution of that matter, the parties shall submit a joint status report, advising the Court as to whether the stay should be lifted. Defendant's motion to dismiss Plaintiffs' claims is DENIED WITHOUT PREJUDICE to refiling after the stay has been lifted. SO ORDERED this 17th day of April, 2007. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE OMNI INNOVATIONS, LLC, Plaintiffs, CASE NO. C06-1129C ORDER A John C. Coughenour United States District Judge Dockets.Justia.com

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