Mickey Chandler's SpamSuite

Here is the decision from the 9th Circuit.

It looks like the 9th Circuit is finally getting on the ECF bandwagon. That means that we'll be able to see filings on appeals in the 9th Circuit. Most of this case's appeal is not available through PACER, but stuff is starting to turn up now.

Here is a supplemental brief in the ancient Gordon v. Virtumundo case that James Gordon lost on standing issues.

Here's a practice note for the attorneys out there that I know are reading this site: When you win and think you're going to get fees and costs, don't get greedy and double-check your math.

Why? Because there are some things that you don't really want a judge to say about you in a decision. Among those are these gems all of which are found in this Order granting the Defendants $111,440.00 in attorneys' fees and costs of court:

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

JAMES S. GORDON, Jr., a married
individual, d/b/a ‘GORDONWORKS.COM';
OMNI INNOVATIONS, LLC., a
Washington limited liability company,
Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware
corporation d/b/a
ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM; SCOTT
LYNN, an individual; and JOHN DOES,
1-X,
Defendants.

DECLARATION OF SCOTT MOORE IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

I, Scott Moore, declare and testify as follows:

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

JAMES S. GORDON, Jr., a married
individual, d/b/a ‘GORDONWORKS.COM';
OMNI INNOVATIONS, LLC., a
Washington limited liability company,
Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware
corporation d/b/a
ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM; SCOTT
LYNN, an individual; and JOHN DOES,
1-X,
Defendants.

DECLARATION OF MICHAEL FITZGERALD IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

JAMES S. GORDON, Jr., a married individual,
d/b/a ‘GORDONWORKS.COM’; OMNI
INNOVATIONS, LLC., a Washington limited
liability company,
Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware corporation
d/b/a ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM; SCOTT
LYNN, an individual; and JOHN DOES, 1-X,
Defendants.

DEFENDANTS’ REPLY IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES AND COSTS

-2-
I. INTRODUCTION

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON, SEATTLE

JAMES S. GORDON, Jr., a married
individual, , Omni Innovations, LLC
Plaintiff,

v.

VIRTUMUNDO, INC, a Delaware
corporation, d/b/a
ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM;
SCOTT LYNN, an individual; and
JOHN DOES, I-X,
Defendants.

DECLARATION OF JAMES S. GORDON, JR. IN RESPONSE AND OPPOSITION TO MOTION FOR ATTORNEY FEES

James S. Gordon, Jr. declares as follows:

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON, SEATTLE

JAMES S. GORDON, Jr., a married
individual; OMNI INNOVATIONS,
LLC., a Washington limited
liability company;
Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware
corporation, d/b/a
ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM;
SCOTT LYNN, an individual; and
JOHN DOES, I-X,
Defendants.

PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS’ MOTION FOR ATTORNEY FEES

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

JAMES S. GORDON, Jr., a married
individual, d/b/a ‘GORDONWORKS.COM';
OMNI INNOVATIONS, LLC., a
Washington limited liability company,
Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware
corporation d/b/a
ADNOWLEDGEMAIL.COM;
ADKNOWLEDGE, INC., a Delaware
corporation, d/b/a
ADKNOWLEDGEMAIL.COM; SCOTT
LYNN, an individual; and JOHN DOES,
1-X,
Defendants.

DECLARATION OF ERIC P. BLANK IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS

I, Eric P. Blank, declare and testify as follows:

Having won the Motion for Summary Judgment, Virtumundo now turns to the important task of recouping its attorneys' fees and court costs. For those of you NOT in the US, the award of fees and costs is something which is not automatic. Generally each side is supposed to pay its own way. But there are exceptions, and the CAN-SPAM Act and the Washington Commercial E-Mail Act (CEMA) both provide for attorney fee awards.