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
EMERGENCY MOTION TO EXTEND TIME TO
RESPOND TO OPTIN'S 1ST AMENDED COMPLAINT
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)
NOTICE OF MOTION, MOTION AND
MEMORANDUM OF POINTS &
AUTHORITIES IN SUPPORT OF IRONPORT
AND SPAMCOP'S APPLICATION FOR AN
EXTENSION OF TIME TO RESPOND TO
PLAINTIFF'S FIRST AMENDED
COMPLAINT
NOTICE OF MOTION AND MOTION
TO: ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that 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 for an extension of time to respond to the First Amended Complaint filed by
plaintiff Optinrealbig.com, LLC.
Defendants IronPort Systems, Inc. and SpamCop.Net, Inc., hereby apply pursuant to
Local Rule 6-3, subsection (b) and 6-1(b), for an emergency order to extend the deadline for
responding to Plaintiff's First Amended Complaint ("FAC"). This Emergency Motion is based