e360 wants the status report filed by Spamhaus to be striken as it is immaterial to any case before the court.
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
E360INSIGHT, LLC, and
DAVID LINHARDT, an individual
Plaintiffs,
v.
THE SPAMHAUS PROJECT,
Defendant.
RESPONSE TO MOTION FOR LEAVE TO FILE A STATUS REPORT
Plaintiffs, e360Insight, LLC and David Linhardt (collectively Plaintiffs), by and through their attorneys, Synergy Law Group, LLC, in Response to the Motion for leave to file a Status Report filed be The Spamhaus Project, aka The Spamhaus Project Ltd., (Defendant) state as follows:
1. On June 25, 2007, Defendant filed a Motion for leave to file instanter a Status Report.
2. The Motion should be stricken pursuant to Fed. R. Civ. P. 12(f) because it is immaterial to any issue before this Court.
3. The Motion purports to advise the Court as to Defendant’s position concerning a request by Plaintiffs that Defendant remove certain IP addresses from its list of known spammers.
4. While Plaintiffs did make a request to remove the listing, Defendant refused and Plaintiffs took no further action.
5. Plaintiffs have not moved this Court to compel Defendant to remove this listing or in any way take up this Court’s time with this particular issue.
6. Defendants’ Motion injects immaterial information into this case and should be stricken pursuant to Fed. R. Civ. P. 12(f).
Respectfully submitted,
E360Insight, LLC. and David Linhardt
By: /s/ Daniel J. Peters
One of Their Attorneys
Bartley J. Loethen (6225484)
Joseph L. Kish (6197916)
Daniel J. Peters (6272859)
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261