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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 PLAINTIFF'S
MOTION FOR PRELIMINARY
INJUNCTION
[Docket Nos. 24, 53]
This matter comes before the Court on the motion for a preliminary injunction filed by plaintiff
OPTINREALBIG.COM, LLC ("OptIn") to enjoin certain activities of defendant SPAMCOP.NET, Inc.
("SpamCop") a wholly owned subsidiary of IronPort Systems, Inc. Having read and considered the
arguments presented by the parties in their moving papers, and at the May 18, 2004 hearing, the Court
hereby DENIES OptIn's motion for preliminary injunction.
I. ADMINISTRATIVE ISSUES
During the May 18, 2004 hearing, the Court specifically requested a supplemental declaration from
SpamCop that explained technical issues regarding how SpamCop's software functions. The Court did not
request the same from OptIn. Nevertheless, OptIn took the liberty of submitting not only supplemental
declarations to bolster its arguments, but a supplemental brief regarding issues related to the
Communications Decency Act. Notably, OptIn's submissions were filed on May 25, 2004, a week after
the Court held oral argument. Such uninvited submissions are inappropriate and violate the notions of
fairness that underlie the judicial process. OptIn should be aware that future abuses of the judicial process
may result in sanctions.
The Court GRANTS SpamCop's motion to strike the supplemental brief and declarations.
[Docket No. 53]. Lest there be any doubt, even if the Court had considered the supplemental filings, they