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DEFENDANTS' NOTICE OF MOTION AND
MOTION TO DISMISS
Case No. C-04-01687 (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)
DEFENDANTS' NOTICE OF MOTION
AND MOTION TO DISMISS
PURSUANT TO FED. R. CIV. P. 12(b)(6)
Date:
July 13, 2004
Time: 1:00 p.m.
Ctrm: Hon. Saundra B. Armstrong
Courtroom 3
TO: ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on July 13, 2004, at 1:00 p.m., or as soon thereafter as
the matter may be heard in Courtroom 3 of the United States District Court for Northern District
of California, located at 1301 Clay Street, Suite 400 S, Oakland, California, defendants
SpamCop.net, Inc. and IronPort Systems, Inc. (collectively, "SpamCop") will and does hereby
move to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), requesting
this Court dismiss with prejudice the entire action of plaintiff Optinrealbig.com, LLC.
The grounds for this Motion are that Plaintiff's complaint fails to state any claim upon
which relief can be granted. SpamCop has complete statutory immunity from each of Plaintiff's
claims pursuant to § 230 of the Communications Decency Act, 47 U.S.C. § 230. Even without