IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
e360 INSIGHT, LLC, an Illinois Limited Liability Company, and DAVID LINHARDT, an individual,
Plaintiffs,
v.
THE SPAMHAUS PROJECT, a company limited by guarantee and organized under the laws of England, a/k/a THE SPAMHAUS PROJECT, LTD.,
Defendant.
DEFENDANT’S MOTION TO QUASH CITATION TO DISCOVER ASSETS
NOW COMES the Defendant The Spamhaus Project, by and through its attorneys Jenner & Block LLP, and requests that this Court quash the citation to discover assets under Federal Rule of Civil Procedure 34(b).1
In support of this Motion, Defendant states as follows:
1. For the reasons stated in the separate Motion to Vacate, which is incorporated herein by reference, Defendant expressly objects to the enforcement of the Citation to Discover Assets based on this Court’s lack of personal jurisdiction. The Citation commands that an individual appear on behalf of The Spamhaus Project and present documents relating to the Company’s assets. However, the individual commanded to appear does not reside in the United
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1 Defendant expressly objects to this Court’s jurisdiction over The Spamhaus Project because it is based solely in the United Kingdom and does not conduct or transact business in Illinois. Moreover, Defendant reserves its arguments based on Plaintiff’s failure to properly effect service of process. These objections are made notwithstanding Defendant’s filing of this motion, and had previously been raised in the Notice of Removal and the Answer that was withdrawn with leave of this Court.
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States, and is not subject to the subpoena power of this Court. Furthermore, The Spamhaus Project is not subject to personal jurisdiction in any Illinois court because it is based solely in the United Kingdom and does not conduct or transact business in Illinois.
2. The Citation to Discover Assets should be also be denied as premature because of the outstanding Motion to Vacate and Motion to Stay that were filed contemporaneously with this Motion to Quash.
2. If this Court requires any additional basis for the granting of the Motion to Quash, we respectfully request a briefing schedule.
3. Additionally, even if the Court finds that the Citation to Discover Assets is proper and orders that the Defendant must comply, the information requested necessitates the entering of a protective order under Federal Rule of Civil Procedure 26(c), because it consists of confidential proprietary information. By the terms of the Citation, the information requested calls for non-public financial and proprietary information.
WHEREFORE, Defendant The Spamhaus Project respectfully requests that this Court enter an order quashing the Citation to Discover assets under Federal Rules of Civil Procedure 34(b).
Respectfully submitted,
THE SPAMHAUS PROJECT
Dated: October 26, 2006 By: s/Matthew M. Neumeier_________
Matthew M. Neumeier
Craig C. Martin
Carrie A. Fino
JENNER & BLOCK LLP
330 North Wabash Avenue
Chicago, IL 60611
Telephone: (312) 222-9350
Facsimile: (312) 527-0484