NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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DECL. OF DEREK NEWMAN

RE: OPP’N TO MOT. FOR SUMM. J.

CASE NO. CV06-0204C - 1

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JAMES S. GORDON, Jr., a married

individual, d/b/a ‘GORDONWORKS.COM';

OMNI INNOVATIONS, LLC., a

Washington limited liability company,

Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware

corporation d/b/a

ADNOWLEDGEMAIL.COM;

ADKNOWLEDGE, INC., a Delaware

corporation, d/b/a

ADKNOWLEDGEMAIL.COM; SCOTT

LYNN, an individual; and JOHN DOES,

1-X,

Defendants.

NO. CV06-0204JCC

DECLARATION OF DEREK A.

NEWMAN IN SUPPORT OF 

DEFENDANTS’ OPPOSITION TO

PLAINTIFFS’ MOTION FOR

PARTIAL SUMMARY

JUDGMENT

NOTE ON MOTION CALENDAR: 

January 12, 2007

I, Derek A. Newman, swear under penalty of perjury under the laws of the United

States to the following:

1. I am counsel of record for defendants Virtumundo, Inc. (“Virtumundo”) and

Adknowledge, Inc. (“Adknowledge”), am over age 18, and competent to be a witness. I

am making this Declaration based on facts within my own personal knowledge.

2. Plaintiffs in this matter have at least seven (7) active CAN-SPAM lawsuits

in this district alone. (Omni Innovations LLC v. Inviva Inc. d/b/a American Life Direct

Case 2:06-cv-00204-JCC Document 84 Filed 01/08/2007 Page 1 of 2

Gordon v. Virtumundo Inc et al Doc. 84

Dockets.Justia.com
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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DECL. OF DEREK NEWMAN

RE: OPP’N TO MOT. FOR SUMM. J.

CASE NO. CV06-0204C - 2

and American Life Insurance Co. of New York, C06-1537 C; Omni Innovations LLC v.

BMG Music Publishing NA Inc., C06-1350 C; Omni Innovations LLC v. Publishers

Clearing House Inc. C06-1348 T; Omni Innovations LLC v. Efinancial LLC et al.

C06-01118-MJP; Omni Innovations LLC v. Insurance Only Inc. et al. C06-01210-TSZ;

Omni Innovations LLC v. Ascentive LLC et al. C06-01284-TSZ; Omni Innovations LLC

et al v. Inviva Inc et al. C06-01537-JCC).

3. The depositions of plaintiffs James S. Gordon and Omni Innovations, LLC

are scheduled for January 10 and 11, 2006.

4. On or about December 28, 2006, I contacted Plaintiffs’ counsel and asked

that he stipulate to move the motion for summary judgment back one week to permit

Plaintiffs' depositions to be taken before Defendants' opposition to the Motion was due,

and due to the holidays. Plaintiffs’ counsel refused. Attached as Exhibit A is a true and

correct copy of an email exchange between Plaintiffs’ counsel and me on the subject.

5. Attached hereto as Exhibit B is a true and correct copy of the requests for

admissions that Defendant Virtumundo propounded on Plaintiffs.

6. Attached hereto as Exhibit C is a true and correct copy of Plaintiff Omni’s

Answers and Responses to Defendant Virtumundo’s First Requests for Admission to

Omni. Plaintiffs admit in their response to Request No. 7 that they “were not ‘adversely

affected’ (as that term is used in 15 USC 7706(g)(1)) by the [emails they allege

Defendants sent].”

DATED this 8th day of January, 2007 at Seattle, Washington.

Derek A. Newman

Case 2:06-cv-00204-JCC Document 84 Filed 01/08/2007 Page 2 of 2