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United 

States District 

Court

For the Northern District of California 

**E-filed 04/08/2010** 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

RINGCENTRAL, INC., 

 Plaintiff, 

 v. 

BILL QUIMBY, et al., 

 Defendants. 

____________________________________/

No. C 09-2693 RS 

ORDER ADOPTING REPORT AND 

RECOMMENDATION REGARDING 

MOTION FOR DEFAULT 

JUDGMENT 

Plaintiff RingCentral, Inc. moves for default judgment, including entry of a permanent 

injunction against defendants Bill Quimby and TollFreeNumbers.com, Inc. On February 5, 2010, 

Judge Spero heard the motion and requested that plaintiff submit certain additional briefing and 

evidence. On February 26, 2010, Judge Spero issued a Report and Recommendation that the 

motion for default judgment be granted in part, and denied in part. Docket No. 35. Because 

defendants have not consented to magistrate jurisdiction, the case was reassigned, and then 

transferred to the undersigned on March 18, 2010. 

No objections per se have been filed. Plaintiff, however, has filed a request that the 

injunctive language recommended by Judge Spero be expanded to require defendants to turn over to 

plaintiff the two internet domain names at issue. The Court has reviewed Judge Spero’s extensive 

and thorough report and recommendation, adopts it here in full, and adds the provision that 

defendants will be expressly required to turn over the domain names to plaintiff. Plaintiff requests 

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United 

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Court

For the Northern District of California 

that the injunction further provide that if defendants fail to transfer the domain names, then the 

present registrar of the names will be ordered to effect the transfer. Plaintiff has not offered 

authority, however, that it would be appropriate for the Court to enter an order purporting to require

action to be taken by an entity that has not been party to this action or these proceedings. 

Accordingly, the injunction will include language authorizing the registrar to transfer the domain 

names to plaintiff upon plaintiff’s request, but it will not enjoin the registrar to do so upon pain of 

contempt. A separate judgment will be entered. 

IT IS SO ORDERED. 

Dated: 04/08/2010 

RICHARD SEEBORG 

UNITED STATES DISTRICT JUDGE 

 

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United 

States District 

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For the Northern District of California 

THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO: 

Tollfreenumbers.com, Inc. 

Attn: Bill Quimby 

2517 Rt. 4411-222 Washington Hollow Plaza 

Salt Point, NY 12578 

Bill Quimby 

2517 Rt. 4411-222 Washington Hollow 

 PlazaSalt Point, NY 12578 

DATED: 04/08/2010 

 /s/ Chambers Staff 

 Chambers of Magistrate Judge Richard Seeborg 

Case 3:09-cv-02693-RS Document 41 Filed 04/08/10 Page 3 of 3