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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

SINDEELOU THOMSON,
Plaintiff,

v.

JOHN T. DOOLITTLE,
Defendant.

STATEMENT OF UNDISPUTED FACTS

The defendant, in support of his motion for summary judgment filed herewith, submit that the following material facts are undisputed:

1. Plaintiff SindeeLou Thomson is a constituent of defendant John T. Doolittle, U.S. Representative for the 4th congressional district of California. Complaint at 2.

3. On May 25, 2007 Congressman Doolittle’s office sent out an official e-mail newsletter entitled “Doolittle Amendment Passes House: Ends Mortgages for Illegal Aliens” (the “Doolittle E-mail”). Declaration of Dan Blankenburg (Aug. 15, 2007) at ¶ 4 (“Blankenburg Declaration”) and Exhibit 1.

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4. Prior to the release of the Doolittle E-mail on May 25, 2007, Congressman Doolittle’s staff assistant, Candace Dodge, communicated with Jack Dail, Staff Director of the House Commission on Congressional Mailing Standards (“Franking Commission”), to obtain a Franking Commission advisory opinion that the Doolittle E-mail complied with franking content regulations. The Franking Commission gave its preliminary approval on May 24, 2007. Blankenburg Declaration ¶ 5, Exhibits 2, 3.

6. The software that Congressman Doolittle’s office uses to track the history of official e-mails sent from the office to constituents reflects that Congressman Doolittle’s office sent the Doolittle Email to the addresses sindeelouthomson @netscape.net and rthomson916 @earthlink.net on May 25, 2007. Both those addresses are registered in the tracking software to Ronald Thomson, 1033 S. Bluff Dr., Roseville, CA 95678-1141. The tracking software also reflects that on March 13, 2006, someone affirmatively opted to receive e-mails from the Congressman’s office at the rthomson916 @earthlink.net address, and that on June 6, 2007, someone affirmatively opted not to receive e-mails from the Congressman’s office at the sindeelouthomson @netscape.net address. No emails were sent by Congressman Doolittle’s office to the address sindeelouthomson @netscape.net after June 6, 2007. Blankenburg Declaration at ¶ 6.

7. On August 10, 2007, both the sindeelouthomson @netscape.net and the rthomson916 @earthlink.net e-mail addresses were removed from the Congressman’s e-mail list. Blankenburg Declaration at ¶ 7.

Respectfully submitted,

GERALDINE R. GENNET
General Counsel
KERRY W. KIRCHER
Deputy General Counsel
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/s/ Christine Davenport
CHRISTINE DAVENPORT

Assistant Counsel
Counsel for Defendant John T. Doolittle

August 15, 2007

Attachment	Date	Size
MotionDismissUndisputedFacts.pdf	06/28/09 1:05 pm	14.96 KB
MotionDismissBlankenburgDecl.pdf	06/28/09 1:05 pm	281.14 KB