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1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OPTINREALBIG.COM, LLC,
Plaintiff,
v.
IRONPORT SYSTEMS, INC. and its wholly owned
subsidiary, SPAMCOP.NET, INC.,
Defendants.
/
No. C 04-1687 SBA
ORDER DENYING DEFENDANT'S
SPECIAL MOTION TO STRIKE
COMPLAINT PURSUANT to
CALIFORNIA CODE OF CIVIL
PROCEDURE § 425.16 AND DENYING
PLAINTIFF'S MOTION TO STRIKE
REPLY
[Docket Nos. 40, 60]
This matter comes before the Court on the Special Motion to Strike Complaint Pursuant to
California Code of Civil Procedure § 425.16 (the "anti-SLAPP Motion") filed by Defendants Ironport
Systems, Inc. and SpamCop.net, Inc. ("SpamCop") [Docket No. 40] and the Motion to Strike the Reply
Brief Filed by Defendant Allegedly in Support of Its Special Motion to Strike Plaintiff's Complaint filed by
Optinrealbig.com, LLC ("Optin") [Docket No. 60]. Having read and considered the arguments presented
by the parties in their moving papers and at the July 13, 2004 hearing, the Court hereby DENIES
WITHOUT PREJUDICE SpamCop's anti-SLAPP Motion and DENIES Optin's Motion to Strike.
BACKGROUND
Optin filed its original complaint in this district on April 29, 2004. It then filed a motion for a
temporary restraining order, which pursuant to this Court's direction, it converted to a motion for a
preliminary injunction. The preliminary injunction motion was filed on May 12, 2004 and was heard on
May 19, 2004. The Court issued an order denying the preliminary injunction on June 25, 2004. Between
May 19, 2004 and June 25, 2004, SpamCop did not answer Optin's complaint; it filed the anti-SLAPP