SpamSuite.com

It's not going to be a good day for you anytime that a ruling starts off by calling your request "largely misguided".

Well, we will have to wait an see what happens in this case. e360 has finally managed to bring some colorable caselaw to bear on its case. Most of it is persuasive (meaning "non-binding" rather than "Oh man!

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

COMCAST CORPORATION,
Counterclaimant,

v.

E360INSIGHT, LLC,
Counterdefendant,
DAVID LINHARDT,
MAVERICK DIRECT MARKETING
SOLUTIONS, INC.,
BARGAIN DEPOT ENTERPRISES, LLC,
d/b/a bargaindepot.net and
bargainshoppecorp.com,

Raise your hand if you're shocked by this one, but the Judge has denied e360Insight's Motion to Reconsider.

========================
MINUTE entry before Judge Honorable James B. Zagel: Motion to reconsider is denied.

When a federal district court judge says that a bunch of people might call you a spammer, then your honor must be defended!

And so e360Insight, LLC, is asking the judge to pretty please take that back and let them have a case and discovery.

David Linhardt, and his various sock puppets, are now trying to dismiss Comcast's countersuit and 3rd party complaints. Among the complaints he makes is that Comcast did not attach even one single email to the complaint. That strikes me as a dangerous demand to make. I think that he could end up with reams of paper as a result. But, we'll have to wait and see.

Well, we predicted this would happen. And so it has. Comcast has § 230 immunity from liability on everything. Even if they didn't, e360 failed to file any CREDIBLE claims against Comcast. They've been pretty much laughed out of court.

The first paragraph sets the tone. If you were pulling for e360 on this one then it doesn't get any better from there.

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

COMCAST CORPORATION,
Counterclaimant,

v.

E360INSIGHT, LLC,
Counterdefendant,
DAVID LINHARDT,
MAVERICK DIRECT MARKETING
SOLUTIONS, INC.,
BARGAIN DEPOT ENTERPRISES, LLC,
d/b/a bargaindepot.net and
bargainshoppecorp.com,

The bar for this was pretty low, and so, to no one's surprise, it was granted. Thus, we have a repeat document. The Counterclaim and 3rd Party Complaint is no longer a proposed document. Comcast is now officially counter-suing e360Insight as well as David Linhardt and all of the socks in his drawers.

===============================
UNITED STATES DISTRICT COURT

MINUTE entry before Judge Honorable James B. Zagel:Motion for leave to amend pleadings and to add counterclaim and third party complaint 28 is granted.Mailed notice (drw, ) (Entered: 03/24/2008)

COUNTERCLAIM filed by Comcast Corporation against E360Insight, LLC.