Mickey Chandler's SpamSuite

Here's Comcast's response to e360's attempt to revive the dead corpse of its case against Comcast.

And now we know what the judge will do. The motion to compel is denied. Some form of discovery was agreed to as there is a mention of oral orders given in court this morning.

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I'm not very certain what the judge will do with this one. The window for discovery is closed and e360 is finally getting around to filing a motion to compel. I think the time is a bit late and that e360 is on a bit of a fishing expedition.

But, we'll just have to wait and see what the judge rules.

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IN THE UNITED STATES DISTRICT COURT FOR THE

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JOHN W. FERRON
Plaintiff,

vs.

E360Insight, LLC, et al.,
Defendants.

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

MINUTE entry before the Honorable David H. Coar:Motion hearing held on 10/16/2008 regarding motion to vacate, 67 . Set deadlines/hearing as to motion to vacate, 67 : Responses due by 11/5/2008 (no reply). Motion Hearing set for 11/19/2008 at 09:00 AM. as to Motion to vacate.

MINUTE entry before the Honorable David H. Coar:Motion hearing held on 10/16/2008 regarding motion to vacate, 67 . Set deadlines/hearing as to motion to vacate, 67 : Responses due by 11/5/2008 (no reply). Motion Hearing set for 11/19/2008 at 09:00 AM. as to Motion to vacate.

Having lost their Motion to Dismiss, Linhardt and e360 have filed their Answer.

In a fun little read, they claim that "marketing is not solicitation" (paragraph 34), a lack of knowledge as to what they were doing (paragraph 46), and a lack of due process (paragraph 48).

Judges are loathe to dismiss cases and Judge Kocoras is no exception. He denies Spamhaus' motion to dismiss, but strikes the new people introduced in e360's responses, and all of their evidence about damages in excess of the $11.2 million claimed in the default.

Here is the Judge's order granting the ex Parte Motion for Temporary Restraining Order with Asset Freeze, Other Equitable Relief, and Order to Show Cause Why a Preliminary Injunction Should Not Issue.

The FTC started this case under seal so that they could serve the defendants and freeze all of their assets before they got a real chance to dispose of them.