Response to Citation to Discover Assets

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 RESPONSE TO CITATION TO DISCOVER ASSETS
NOW COMES the Defendant The Spamhaus Project and responds as follows to Plaintiff’s Citation to Discover Assets:1
1. Any and all corporate minute books maintained by The Spamhaus Project, LTD;
ANSWER: Spamhaus does not hold corporate meetings. Spamhaus will provide the company documents setting it up as a Limited Liability Company.
2. Any and all monthly, quarterly, annual and/or all other accounting and financial statements, including but not limited to payroll and accounts receivable records, prepared by or on behalf of The Spamhaus Project, LTD for the past three years;
ANSWER: As a non-profit company, Spamhaus does not have any accounting or financial statements other than one tax return addressed in response to number seven. Spamhaus does not employ any formal accounting procedures throughout the year. Rather, at the end of the
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1 Defendant expressly objects to this Court’s jurisdiction over The Spamhaus Project because Defendant 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 good faith effort to comply with this Court’s order that it respond to the Citation to Discover Assets.
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year, Spamhaus’ accountant determines how much money Spamhaus received throughout the year through donations, but no formal accounting or financial statements are done. The company does not have any employees and there are no payroll records. The company does not have any accounts receivable records.
3. Any and all information regarding any and all stocks, funds, bonds, securities and/or other investments or other assets held, gained, sold or lost by The Spamhaus Project, LTD or otherwise associated with The Spamhaus Project, LTD in any way, for the past three years;
ANSWER: Spamhaus does not have any stocks, funds, bonds, securities or any other investments. Spamhaus’ assets consist only of one Macintosh computer and a bank account located in London, United Kingdom for approximately $14,000, which are addressed in response to number six and nine.
4. Any and all information regarding any and all property, both real and personal, held, bought, sold, transferred, exchanged, leased, deeded or otherwise acquired, lost or otherwise maintained by or on behalf of The Spamhaus Project, LTD for the past three years, such information should include title to any vehicles owned or otherwise controlled by The Spamhaus Project, LTD and deeds to any real property owned or maintained by The Spamhaus Project, LTD;
ANSWER: Spamhaus does not own any property other than the Macintosh computer and bank account addressed in response to number six and nine.
5. For all such property identified in Number 4 herein, provide any and all information related to any and all profits, losses, gains, offsets, taxes paid or credited, along with any and all other tax or other related financial consequences, resulting from the sale, gain, purchase or ownership of such property; further, identify where all such property is located and how and in what ways such property is currently being used and how such property has been used for the past three years;
ANSWER: Because Spamhaus does not own any property, as described in response to number 4, this question is not applicable.
6. Any and all information regarding all bank, money or other financial accounts, including but not limited to bank statements and check ledgers, in the name of The Spamhaus Project, LTD, and/or its officers and/or directors, along with such information for any of The Spamhaus Project, LTD’s subsidiaries, successors or other related entities; for all such information, provide the name of the accounts, account numbers, amount of money currently held in each account and monthly statements for each said account for the past three years;
ANSWER: Spamhaus has been in existence for two years and will provide information relating to that time period. Spamhaus has one bank account, for which it receives monthly bank statements. Those bank statements are in the process of being collected and will be forwarded within a reasonable period of time. However, any personal information, such as Steve Linford’s personal address, will be redacted. Spamhaus has no subsidiaries, successors, or other related entities as that term is understood.
7. Copies of all income tax returns filed for the past three years, on behalf of The Spamhaus Project, LTD, along with copies of any and all tax refund checks issued during these years, and any and all information regarding how such refund money was used and/or where such money was held and is currently being held, whether by The Spamhaus Project, LTD and/or any other entity or individual affiliated or associated in any way with The Spamhaus Project, LTD;
ANSWER: Spamhaus has been in existence for two years. During that time, it has only filed one income tax return. However, no tax refund check has been issued. The income tax return is in the process of being collected and will be forwarded within a reasonable period of time.
8. Any and all information regarding any and all loan documents related to The Spamhaus Project, LTD, including any and all documents related to any receipts or disbursements of money related to such loans, for the past three years.
ANSWER: Spamhaus does not have any loan documents.
9. A list of all assets regardless of their present location.
ANSWER: Spamhaus has one computer (a Mac G4 Tower) located at a donated space in the United Kingdom. Spamhaus also has one bank account at HSBC in London, United Kingdom, with a balance of approximately $14,000. Pursuant to the response to number six, the documentation relating to the bank account is in the process of being collected and will be produced within a reasonable period of time.
10. A list of all liabilities regardless of their present location.
ANSWER: Spamhaus does not have any liabilities.
11. Audited financial statements for the last five years.
ANSWER: Spamhaus does not have any audited financial statements.
Respectfully submitted,
THE SPAMHAUS PROJECT
Dated: November 10, 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
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CERTIFICATE OF SERVICE
I, Matthew M. Neumeier, an attorney, hereby certify that I served the foregoing Defendant’s Response to Citation to Discover Assets upon:
Joseph L. Kish
Kristen M. Lehner
Bartly Joseph Loethen
Synergy Law Group, L.L.C.
730 West Randolph Street
6th Floor
Chicago, IL 60661
Phone: (312) 454-0015
Fax: (312) 454-0261
by depositing a copy of same in the United States Mail, postage prepaid, on this 10th day of November 2006.
s/Matthew M. Neumeier_________
Matthew M. Neumeier