Amazon.com LLC v. Lay

Filing 44

MOTION for Summary Judgment by Plaintiff Amazon.com LLC. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/6/2010, (Caplow, Steven)

Amazon.com LLC v. Lay

Doc. 44 Att. 1

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THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) ) v. ) ) KENNETH R. LAY, in his official capacity as ) Secretary of the North Carolina Department of ) Revenue, ) ) Defendant. ) ) No. 10-CV-00664 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT NOTE ON MOTION CALENDAR: AUGUST 6, 2010

This matter came before the Court on Plaintiff Amazon.com LLC's ("Amazon") Motion Summary Judgment. The Court finds that the Motion should be GRANTED. The Court, having considered the papers submitted in support of and in opposition to Amazon's motion, and has heard from the parties at oral argument, finds in favor of Amazon and against Kenneth R. Lay, in his official capacity as Secretary of the North Carolina Department of Revenue (the "Department of Revenue"), on all claims asserted in Amazon's complaint, filed in this Court on April 19, 2010. It is hereby ORDERED that: 1. 2. Plaintiff's motion for summary judgment is GRANTED; To the extent that the Department of Revenue's information requests to

Amazon demand that Amazon disclose its customers' names, addresses or any other personal information in connection with purchases of expressive material, such requests violate the First Amendment;
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (No. 10-CV-00664) -- 1
Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101- 30 45 Fax: [phone]

Dockets.Justia.com

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3.

To the extent that the Department of Revenue's information requests to

Amazon demand that Amazon disclose its customers' names, addresses or any other personal information in connection with purchases of expressive material, such requests violate Article 1, sections 4 and 5 of the Washington State Constitution; and 4. To the extent that the Department of Revenue's information requests to

Amazon demand that Amazon disclose any personally identifiable information regarding customers who purchased DVDs, Blu-Ray discs, VHS tapes and other audiovisual materials, such requests violate the Video Privacy Protection Act of 1988, 18 U.S.C. § 2710. SO ORDERED this ______ day of __________, 2010.

Hon. Marsha J. Pechman UNITED STATES DISTRICT JUDGE

Presented by: DAVIS WRIGHT TREMAINE, LLP Attorneys for Amazon.com LLC

By s/ Steven P. Caplow Steven Caplow, WSBA 19843 Laura R. Handman (pro hac vice) Robert G. Scott (pro hac vice) Elizabeth Soja (pro hac vice) Telephone: [phone] (Caplow) Facsimile: [phone] (Caplow) Email: [e-mail]

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (No. 10-CV-00664) -- 2

Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101- 30 45 Fax: [phone]