F
ENWICK
& W
EST
LLP
A
TTORNEYS
A
T
L
AW
S
AN
F
RANCISCO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
OBJECTIONS AND REQUEST TO STRIKE
PLAINTIFF'S MAY 25, 2004 SUPPLEMENTAL
MEMORANDUM AND DECLARATIONS
Case No. C 04-1687 (SBA)
DARRYL M. WOO (CSB No. 100513)
TYLER G. NEWBY (CSB No. 205790)
ANJALI KUMAR (CSB No. 227075)
FENWICK & WEST LLP
275 Battery Street, Suite 1500
San Francisco, CA 94111
Telephone: (415) 875-2300
Facsimile: (415) 281-1350
Attorneys for Defendants
IRONPORT SYSTEMS, INC., and
SPAMCOP.NET, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
OPTINREALBIG.COM, LLC, a Nevada
Limited Liability Company,
Plaintiff,
v.
IRONPORT SYSTEMS, INC. dba
SPAMCOP.NET, INC., a Delaware
Corporation registered to do and doing
business in California and DOES 1
through 100, inclusive,
Defendants.
Case No. C-04-1687 (SBA)
IRONPORT SYSTEMS, INC. AND
SPAMCOP.NET, INC.'S OBJECTIONS AND
REQUEST TO STRIKE PLAINTIFF'S
BELATEDLY FILED MAY 25, 2004
MEMORANDUM AND DECLARATIONS
This document relates to the hearing held on
May 18, 2004
Ctrm: Hon. Saundra B. Armstrong
Courtroom 3
I.
INTRODUCTION
Defendants IronPort Systems, Inc. and its wholly-owned subsidiary SpamCop.Net, Inc.
("SpamCop") object to and seek an order striking the following documents belatedly filed after
8:00 p.m. by Optinrealbig.com on May 25, 2004 in support of its Motion for Preliminary
Injunction ("May 25 Pleadings"): (1) Declaration of Andrew Westmoreland; (2) Second
Declaration of Doug Wolfe; (3) Declaration of Ray Everett-Church; and (4) Plaintiff's
Supplemental Memorandum Regarding Communications Decency Act Issues. There is no
justification for submitting these materials more than one week after oral argument, and the
Court's consideration of them in ruling on Plaintiff's motion for preliminary injunction would be
unfair, as defendants will not have had an opportunity to respond. Further, even if Plaintiff's