United States District Court
For the Northern District of California
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United States District Court
For the Northern District of California
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OPTINREALBIG.COM, LLC,
Plaintiff,
v.
I R O N P O R T S Y S T E M S , I N C . a n d
SPAMCOP.NET, INC., et al.,
Defendants.
/
No. 04-1687 SBA
ORDER
In preparation for the July 13, 2004 hearing the parties are directed to be prepared to address the
following issues:
·
Distinguish Liu v. Moore, 69 Cal.App.4th 745, 750 (1999) from Prospect Health Source
Medical Group, Inc. v. Dallazadeh, 2004 WL 909443 (Cal.App.2d, April 29, 2004);
·
Distinguish the facts of this case from Liu and Prospect Health;
·
Whether a SLAPP motion is, can, or should be considered a responsive pleading;
·
Whether the Legislature's intent in enacting the SLAPP statute is frustrated by allowing
complaints to be amended during the pendency of a SLAPP motion; does this result in a
plaintiff circumventing the SLAPP statute;
·
When, if ever, does a pending SLAPP motion effectively stay a proceeding;
·
Whether the filing of a First Amended Complaint after a hearing on a fully briefed
preliminary injunction motion (or any motion) circumvents the Legislature's intent for the
SLAPP Statute;
·
Whether the SLAPP statute applies to complaints only, or whether it can also apply to
motions for temporary restraining orders or motions for preliminary injunctions;