This is the Notice of Appeal.
07-35487 Gordon, et al v. Virtumundo Inc, et al
6/18/07 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS
SENT (Y/N): N. setting schedule as follows: appellant's
designation of RT is due 6/25/07, ; appellee's designation
of RT is due 7/5/07,, ; appellant shall order transcript by
7/16/07, ; court reporter shall file transcript in DC by
8/15/07; certificate of record shall be filed by 8/22/07 ;
appellant's opening brief is due 10/1/07, ; appellees'
brief is due 10/31/07,, ; appellants' reply brief is due
w/in 14 days of svc of aple's brief. [07-35487] (kym)
6/18/07 Filed attorney for Appellant Civil Appeals Docketing
Statement served on 6/15/07 (to CONFATT) [07-35487]
[07-35487] (kym)
6/19/07 Filed order CONFATT ( LW) Case referred to Confatt for
assessment conference only. Conference to be on 8/2/07 at
4:00 pm, PT. By telephone (y/n): yes. The br sch pre set
by the court remains in effect. [07-35487] (kym)
8/3/07 Filed order CONFATT (CG) On or before 8/15/07, counsel is
requested to contact the mediator to report on the status
of the case. [07-35487] (sb)
8/16/07 Filed order CONFATT (CG) On or before 9/12/07, counsel is
requested to contact the mediator to report on the status
of the case. [07-35487] (sb)
8/28/07 Filed Douglas E. McKinley's motion to withdraw as counsel ,
extend time to file appellant's opening brief ; served on
8/27/07 PROMO. (kkw)
8/31/07 Filed order (Deputy Clerk: cb) The mtn of Douglas E.
McKinley and Robert J. Siegel for leave to withdraw as
aplts' csl is granted. Court records shall be amended to
reflect that James S. Gordon is representing himself
pending any appearance by csl. the corporate aplt is
reminded that it must be represented by csl. Onbefore the
date the opn breif is due, the corporate aplt shall engage
csl csl. Failure to secure represenation will result in
dismissal of the corporate aplt's appeal. The mtn to amend
briefing is granted in part. The opnb rief is due 11/1/07.
The ans brief is due 12/3/07. The opt rpy brief is due 14
days after service of the ans brief. If aplts engage new
csl, the clerk will entertain a request for a further
reasonable extension of time to file the brief. A copy of
this order shall be provided to aplts at 9804 Buckingham
Drive, Pasco, WA 99301. [07-35487] (kkw)
9/4/07 Filed Appellant (Prose) James S. Gordon response (UNDER
SEAL) opposing his attorney' motion to withdraw as counsel
of record served on 8/29/07 PROMO. [07-35487] (kkw)
10/3/07 Filed original and 7 copies Appellant James S. Gordon
opening brief ( Informal: yes) 5 pages ; served on 10/1/07
[07-35487] (kkw)
10/10/07 Filed order CONFATT (CG) Because both sides are not
represented by cnsl, this case is not selected for program.
Cnsl are requested to contact the mediator should new cnsl
enter an appearance for aplts. The br sch pre set by the
court remains in effect. [07-35487] (kym)
11/9/07 Received Amicus State of Washington's brief in 15 copies
of 20 pages; deficient: late pending mtn with PROMO;served
on 11/8/07 [07-35487] (kkw)
11/9/07 Filed Amicus State of Washington's motion to file late the
brief served on 11/8/07 PROMO. (kkw)
11/16/07 Filed order (Deputy Clerk: amt) The State of WA motion to
file late amicus curiae brief is granted. The amicus brief
already rec;d is ordered filed. The current briefing
schedule remains in effect. The corporate aplt Omni
Innovations LLC only is dismissed.Corporations must be
represented by licensed csl. The clerk shall remove aplt
Omni Innovations LLC as a party. [07-35487] (ft)
11/16/07 Filed original and 15 copies State of Washington's brief of
20 pages ;served on 11/8/07 [07-35487] (ft)
11/19/07 Filed Aples' response opposing amicus motion to file late
brief served on 11/16/07 nan/order of 11/16/07 [07-35487]
(kkw)
12/4/07 Received orig. 15 copies Virtumundo Inc, Adknowledge Inc,
Scott Lynn's brief of 35 pages and 3 vol. Exc; served on
12/3/07 deficient: footnotes too small [07-35487] (kkw)
12/14/07 Filed Appellant James S. Gordon emergency motion to stay
served on 12/14/07 MOATT. (kkw)
12/17/07 Filed notice of appearance of Timothy J. Walton for Aplt.
[07-35487] (kkw)
12/17/07 Received orig. 6 copies James S. Gordon's reply brief (
Informal: No ) of 10 pages; served on 12/17/07 deficient
No cert. of Compliance, proof of service, no table of
content, no table of authority,typeface too small..
Notified counsel. [07-35487] (kkw)
12/18/07 Received Appellee Virtumundo Inc, Appellee Adknowledge Inc,
Appellee Scott Lynn's satisfaction of (major) brief
deficiency, by submitting corrected brief served on
12/17/07 [07-35487] (kkw)
12/18/07 Filed original and 15 copies appellee Virtumundo Inc, Scott
Lynn's 35 pages brief, 3 vol. Exc. ; served on 12/17/07
[07-35487] (kkw)
12/20/07 Received Appellant James S. Gordon's satisfaction of
(major) brief deficiency, by submitting corrected brief
served on 12/20/07 [07-35487] (kkw)
12/20/07 Filed original and 15 copies James S. Gordon reply brief,
( Informal: No ) 11 pages; served on 12/20/07 [07-35487]
(kkw)
12/24/07 Received Appellant (Prose) James S. Gordon's motion for an
emergency stay ; served on 12/14/07 (Aplt is represented by
csl) MOATT. [07-35487] (kkw)
12/26/07 Filed Appellee Virtumundo Inc, Appellee Adknowledge Inc,
Appellee Scott Lynn response opposing appellant's motion for
an emergency stay served on 12/26/07 MOATT. [07-35487]
(hardcopy recvd 12/28/07) (kkw)
12/31/07 Filed Appellant James S. Gordon (Prose) reply to response
to supporting appellant's emergency mtn ;served
on 12/28/07 MOATT. [07-35487] (kkw)
1/2/08 Filed Appellant James S. Gordon's motion for an emergency
stay; served on 12/14/07 (aplt is represented by csl; Clerk
ordered to file motion 1/2/08). [07-35487] (lo)
1/2/08 Filed order (MOATT)(Diarmuid F. O'SCANNLAIN, Barry G.
SILVERMAN): The Clerk shall file aplt's emergency motion
for injunctive relief. Aplt's emergency motion for
injunctive relief is denied without prejudice to its
renewal following presentation to the district court. Cite.
On 12/17/07, Timothy J. Walton enetered an appearance as
counsel for aplts. Aplts are reminded that pro se filings
are not permitted where the party is represented by
counsel. This case is ready for calendaring. Faxed to
counsel at 3:30pm., [07-35487] (lo)
The following is the text of a letter sent to the Solicitor General by the 9th Circuit.
I'm not sure who is alleging a constitutional infirmity in CAN-SPAM here. It could be Virtumundo challenging the law itself or it could be Gordon challenging the standing requirement that limits standing to sue to prosecutors and ISPs. Since the docket doesn't yet let us see the briefs in the case, it's hard to say.
==========================================
Dear Ms. Spadoni:
In accordance with Federal Rule of Appellate Procedure 44 and 28 U.S.C. § 2403(a), we are certifying to the Attorney General and informing the Solicitor General of a constitutional challenge to a federal statute raised in a pending appeal in which the United States is not a party.
The case is Gordon v. Virtumundo, Inc., Ninth Circuit docket number 07-35487. The federal statute at issue is the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. §§ 7701-7713.