EXHIBIT D

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 1 of 20

Gordon v. Virtumundo Inc et al Doc. 70 Att. 5

Dockets.Justia.com
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

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;

Plaintiff,

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 his

marital community; and JOHN

DOES, 1-X,

Defendants.

No. CV06-0204JCC

DEFENDANT VIRTUMUNDO, INC.’S

FIRST SET OF INTERROGATORIES

AND REQUESTS FOR PRODUCTION

TO PLAINTIFF GORDON

TO: James S. Gordon, Jr., d/b/a ‘GORDONWORKS.COM’; and

AND TO: Robert J. Siegel, Attorney for James S. Gordon, Jr.

Defendant Virtumundo, Inc. hereby propounds the following requests

for production and interrogatories to Plaintiff, pursuant to Fed. R. Civ. P. 26,

33 and 34. The requests should be answered in full and the original returned

to this office within 30 days after the date of service. The requested

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 2 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

documents should be produced for inspection and copying at the offices of

Newman & Newman, Attorneys at Law, LLP, 505 Fifth Avenue S., Suite 610,

Seattle, Washington 98104. You should respond to each discovery question in

accordance with the instructions and definitions set forth below. The

requests for production are continuing in nature within the meaning of Fed.

R. Civ. P. 26.

I. INSTRUCTIONS/DEFINITIONS

1. In answering these requests for production, You are required to

furnish all information that is available to You, not merely such information

as You know of Your own personal knowledge, including information in the

possession of Your attorneys, or other persons directly or indirectly employed

by or connected with You or Your attorneys, or anyone acting on Your behalf

or otherwise subject to Your control.

2. In answering these requests for production, You are requested to

make a diligent search of Your records and of other papers and materials in

the possession, custody or control of You or Your representatives.

3. The documents requested are not privileged and are reasonably

calculated to lead to the discovery of admissible evidence. If any document is

withheld from production on the ground that its production is privileged due

to the attorney-client privilege, work-product rule or other legally recognized

standard preventing its disclosure to a requesting party, then state

separately for each such document: (1) the legal basis on which You claim

protection against discovery; (2) the date of the document; (3) the nature of

the document (e.g., letter); (4) the full name, job title and employer for each

author of the document; (5) the full name, job title, and employer or principal

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 3 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

of each addressee and named recipient of the document; (6) the full name, job

title, and employer of each person who to Your knowledge has seen the

document; and (7) in general, the substance of the document.

4. These discovery requests shall, to the fullest extent permitted by

law, be deemed continuing, so as to require You, without further request, to

provide supplemental responses within 15 days of acquiring any additional

material pertaining to the subject matter of any of these requests.

5. Unless otherwise specified, You are instructed to answer for the

period from January 1, 2003 to the present.

6. If You cannot answer any of the following discovery requests in

full after exercising due diligence to secure the full information to do so, so

state and answer to the extent possible, specifying Your inability to respond

in full, stating whatever information or knowledge You have concerning the

unanswered portion and detailing what You did in attempting to secure the

unknown information. If You do know the name of a person or entity that

may have such information, the name, address and telephone number and the

nature of the information known by such person or entity shall be disclosed in

Your response.

7. The singular form of a noun or pronoun shall be considered to

include within its meaning the plural form of the noun or pronoun so used

and vice versa; the use of the masculine form of a pronoun shall be considered

to include within its meaning the feminine form of the pronoun so used and

vice versa; and the use of any tense of any verb shall be considered to include

within its meaning all other tenses of the verb.

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 4 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

8. The lower case form of a defined word shall be considered to

include within its meaning the capitalized form of the word and vice versa.

9. Whenever it is necessary to bring within the scope of these

requests information that otherwise might be construed to be outside their

scope, “any” should be understood to include and encompass “all”; and “all”

should be understood to include and encompass “any”; and “or” should be

understood to include and encompass “and,” and “and” should be understood

to include and encompass “or.”

10. The phrase "Allegedly Offending Messages" shall refer to the

e-mails with respect to which You seek damages from Defendants in this

lawsuit.

11. “Communications” means any written communication,

conversation, note, SMS, instant message, email, letter, correspondence or

exchange of document. When identifying or referencing a communication,

identify the date of the communication, the location or means of

communication, the parties and witnesses to the communication, and the

substance of the communication. When identifying or referencing an

exchange of more than one communication, include each document in the

exchange.

12. The terms "document" and "documents" mean and include any

kind of written, typewritten, or printed material whatsoever, any kind of

graphic material, and any computer readable media including, without

limitation, and papers, agreements, contracts, notes, applications,

memoranda, correspondence, instant message exchange, SMS

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 5 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

communications, studies, working papers, letters, telegrams, invoices,

personal diaries, journals, reports, records, books, forms, indexes,

transcriptions and recordings, magnetic tapes, video tapes, wire recordings,

disks and printed cards, data sheets, data processing cards, calendars,

interoffice memoranda, minutes and records of any sorts of meetings,

financial statements, financial calculations, estimates, reports of telephone or

other oral conversations, appointment books, maps, drawings, charts, graphs,

photographs, and all other writings and recordings of every kind, however

produced or reproduced, whether signed or unsigned. The terms "document"

and "documents" include, without limitation, originals and all file copies and

other copies that are not identical to the original no matter how or by whom

prepared, and all drafts prepared in connection with any documents, whether

used or not. If the original of any document is not in Your possession, custody

or control, a copy of that document should be produced. 

13. The term “identify,” when used in connection with a document,

means to state the date on which the document was prepared, the author of

the document, and any and all recipient(s) of the document.

14. The term “identify,” when used in connection with an individual,

means to state the individual’s full current name, to state the individual’s full

current residential address, full current business address, email address,

instant messaging name, and the individual’s telephone numbers.

15. The use of the words “include(s)” and “including” should be

construed to mean without limitation.

16. The term “person” includes both individuals and business

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 6 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

entities.

17. The term “Plaintiffs” includes You, Plaintiffs, CounterDefendants, and Third Party-Defendants. 

18. The terms “present” or “presently” refer to the date of service of

these interrogatories and shall continue through resolution of this litigation.

19. The term “Responses” refers to Your responses and/or answers

to interrogatories and/or requests for production.

20. The term “Responsive Pleading” means Your Answer,

Affirmative Defenses, Counterclaims, Third Party Complaint and any

amendments or modifications to any of the foregoing.

21. The phrase "relating to" means consisting of, summarizing,

describing, reflecting, or referring to in any way.

22. “You” means JAMES S. GORDON, Jr., d/b/a

‘GORDONWORKS.COM,’ Your agents, affiliates and subsidiaries.

23. Defendants will move to preclude You from presenting evidence

regarding responsive matters You have failed to set forth in Your responses.

II. INTERROGATORIES

INTERROGATORY NO. 1: Please identify all persons providing information and/or

assisting in the preparation of Your responses to these Interrogatories and Requests for

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 7 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

Production, and for each such person identified, state the number of each interrogatory or request

for production for which that person provided information or assisted in the preparation, and the

information provided.

ANSWER: 

INTERROGATORY NO. 2: Please identify all Allegedly Offending Messages, including

the date, time, location of access of those messages by You, and the basis or bases for Your

contention that they violate state and/or federal law.

ANSWER:

INTERROGATORY NO. 3: Please identify all communications between You and

Defendants. Include in Your answer the date of each communication, the persons with whom

You communicated, and the substance of each communication.

ANSWER:

INTERROGATORY NO. 4: Please identify all e-mails dispatched by Defendants which

(as alleged in Paragraph 4.2.2 of Your First Amended Complaint) “misrepresented or obscured

information identifying the point of origin or the transmission path, and/or which contained false

or misleading information in the subject line...”. In Your answer, please specifically identify the

subject matters You contend are false and/or misleading, as well as the points of origin and/or

transmission paths You contend are obscured, and please explain the basis or bases for these

contentions.

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

ANSWER: 

INTERROGATORY NO. 5: Please identify all Allegedly Offending Messages to which

You replied.

ANSWER: 

INTERROGATORY NO. 6: Please identify all Allegedly Offending Messages with

respect to which You followed the unsubscribe instructions set forth in the message.

ANSWER: 

INTERROGATORY NO. 7: Please identify all facts which support Your contention (as

alleged in Paragraph 4.2.3 of Your First Amended Complaint) that “[n]umerous e-mails sent by

Defendants and received by Plaintiffs violated” Washington Revised Code § 19.190.080.

ANSWER:

INTERROGATORY NO. 8: Please identify all facts which support Your contention (as

stated in paragraph 4.3.2 of Your First Amended Complaint) that “[n]umerous email

advertisements, i.e., ‘spam’ which Defendants transmitted to Plaintiffs, as described herein,

violated RCW 19.170.030 et seq...”.

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 9 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

ANSWER:

INTERROGATORY NO. 9: Please identify all e-mail lists and websites to which You

have subscribed in the last three (3) years. Please include in your answer the date You subscribed

to the e-mail list and/or website; whether You un-subscribed, and if so, when; and the identity,

including IP address, of any computer you used for such subscription.

ANSWER: 

INTERROGATORY NO. 10: Please identify all facts that support Your contention (as

alleged in Paragraph 4.1.3 of Your First Amended Complaint) that “[D]efendants sent at least one

(1) separate item of electronic mail to the Plaintiffs to an address most likely harvested from

domain name registration and/or by other means of anonymous internet information harvesting.”

ANSWER:

INTERROGATORY NO. 11: Identify all facts that support Your contention (as alleged

in Paragraph 4.1.5 of Your First Amended Complaint) that Defendants dispatched e-mails which

“failed to provide a functioning mechanism, clearly and conspicuously displayed, that a recipient

may use, in a manner specified in the message, to request not to receive further messages from the

sender[.]”

ANSWER:

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

INTERROGATORY NO. 12: Please identify all damages You claim to have actually

suffered from Your receipt of the Allegedly Offending Messages. In Your answer, include the

nature, extent and monetary value of those alleged damages.

ANSWER:

INTERROGATORY NO. 13: Identify all lawsuits to which You have been a party

durion the previous five (5) years. For each lawsuit, include the date of filing, venue and case

number, as well as whether You were a plaintiff or defendant.

ANSWER:

INTERROGATORY NO. 14: Identify all false or deceptive communications You

contend were made by Defendants to You.

ANSWER: 

INTERROGATORY NO. 15: Identify all Your efforts to ‘unsubscribe’ from the

Allegedly Offending e-mails or from Defendants’ mailing lists in general.

ANSWER: 

INTERROGATORY NO. 16: Identify all steps You have taken to mitigate Your alleged

damages.

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 11 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

ANSWER:

INTERROGATORY NO. 17: Please describe the manner in which you were adversely

affected by the Allegedly Offending Messages.

ANSWER:

INTERROGATORY NO. 18: For each and every computer in receipt of an Allegedly

Offending Message, please describe in detail the activities of each computer involving interstate

commerce.

ANSWER:

INTERROGATORY NO. 19: If You have registered any e-mail addresses with

WAISP.org, please identify all e-mails registered. Please include in your answer the date of

registration of such e-mail addresses, and the identity, including IP address, of each computer you

used for such registration.

ANSWER:

INTERROGATORY NO. 20: Please identify all of Your e-mail address that received the

Allegedly Offending Messages. Please include in your answer the purpose(s) for which you use

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 12 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

each of the e-mails you identify.

ANSWER:

INTERROGATORY NO. 21: Please explain when and why you registered the domain

name ‘GORDONWORKS.COM’.

ANSWER:

INTERROGATORY NO. 22: Please identify all customers whom you serve as a provider

of internet services. Please include (a) the names and addresses of such customers; (b) the date

they became your customers; and (c) and the amount and type of remuneration you have received

for providing such services.

ANSWER:

INTERROGATORY NO. 23: Please state the amount of monetary compensation you

have received through judgment or settlement in any of the lawsuits identified in Interrogatory

No. 13, above. Include the identity from whom you received this compensation, whether it came

through settlement or judgment, and the date you received it.

ANSWER: 

INTERROGATORY NO. 24: Explain in detail all steps You have undertaken to preserve

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

your electronic correspondence and data since the filing of this lawsuit.

ANSWER:

INTERROGATORY NO. 25: Explain in detail all efforts expended by you to determine

whether any of the Allegedly Offending Messages came from sources other than Defendants or

any of them.

ANSWER:

III. REQUESTS FOR PRODUCTION

REQUEST FOR PRODUCTION NO. 1: Please produce for inspection a full copy of

all Allegedly Offending Messages.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 2: Please produce for inspection all documents

referenced in, relating to, or in support of, Your responses to the Interrogatories.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 3: Please produce for inspection all documents

which support or relate to the damages allegedly sustained by You, including all receipts for any

out of pocket expenses.

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

RESPONSE: 

REQUEST FOR PRODUCTION NO. 4: Please produce for inspection all documents

relating to Your contention that Defendants initiated a transmission of the Allegedly Offending

Messages to You.

RESPONSE:

REQUEST FOR PRODUCTION NO. 5: Please produce for inspection all documents

relating to Your contention that Defendants sent e-mails containing false, or misleading

information in the subject line.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 6: Please produce for inspection all documents

relating to Your contention that Defendants sent e-mails containing altered or obscured

transmission path or point of origin information.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 7: Please produce for inspection all documents

relating to Your contention that Defendants sent e-mails using a third party domain without the

third party’s permission.

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

RESPONSE: 

REQUEST FOR PRODUCTION NO. 8: Please produce for inspection all documents

relating to Your contention that the actions allegedly engaged in by Defendants constitute one or

more violations of Washington Revised Code § 19.170 et seq.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 9: Please produce for inspection all documents

relating to Your contention that Defendants violated Washington Revised Code §19.190 et seq.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 10: Please produce for inspection all documents

relating to Your contention that the alleged actions engaged in by Defendants constitute one or

more violations of Washington Revised Code § 19.86 et seq.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 11: Please produce for inspection all documents

You have provided to any experts You anticipate calling to testify at trial.

RESPONSE: 

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

REQUEST FOR PRODUCTION NO. 12: Please produce all treatises, books, articles

or papers published by each of Your expert witnesses and/or relied upon by each of Your

anticipated expert witnesses in forming the facts and opinions to which each expert is expected to

testify.

RESPONSE: 

REQUEST FOR PRODUCTION NO. 13: Please produce for inspection all documents

evidencing Plaintiffs’ communications with Defendants. 

RESPONSE: 

REQUEST FOR PRODUCTION NO. 14: Please provide Your tax returns for all income

earned in the past three years.

ANSWER: 

REQUEST FOR PRODUCTION NO. 15: Please produce all e-mail messages sent or

received by You in the past two (2) years relating to Your having opted-in out of a commercial email list, as well as any e-mail correspondence between You and any commercial e-mail company.

ANSWER: 

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

REQUEST FOR PRODUCTION NO. 16: Please provide a copy of (i) the cookies;

(ii) cache; and (iii) history, of all Internet browser software programs on any computer owned or

controlled by You.

ANSWER: 

REQUEST FOR PRODUCTION NO. 17: Please produce for inspection the hard drives

from each of the computers identified in the foregoing interrogatories.

ANSWER:

Interrogatories and Requests for Production dated this 16th day of June, 2006.

NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

By: ___________________________ 

Derek A. Newman, WSBA No. 26967

Roger M. Townsend, WSBA No. 25525

Attorneys for Defendants

505 Fifth Avenue South, Suite 610

Seattle, Washington 98104

phone: (206) 274-2800

fax: (206) 274-2801

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 18 of 20
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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avene South, Suite 610

Seattle, Washington 98104

phone: (206) 274 - 2800

fax: (206) 274-2801

DEFENDANTS’ FIRST SET OF 

INTERROGATORIES AND REQUESTS 

FOR PRODUCTION TO PLAINTIFF GORDON

[NO. CV06-0204JCC]

VERIFICATION

I, _________________, have read the foregoing Responses to DEFENDANT

VIRUMUNDO, INC.’S FIRST INTERROGATORIES & REQUESTS FOR PRODUCTION,

know the contents thereof, and believe the same to be true.

Dated this ______ day of ____________________, 2006.

________________________________

SUBSCRIBED AND SWORN TO before me this _____ day of ____________, 2006.

Printed Name: 

NOTARY PUBLIC in and for the State of 

_________, residing at 

My Commission Expires: 

CERTIFICATION

The undersigned attorney for Plaintiff has reviewed the foregoing Responses to

DEFENDANT VIRTUMUNDO, INC.’S FIRST INTERROGATORIES & REQUESTS FOR

PRODUCTION, and certifies that they are in compliance with Civil Rules 26 and 34. 

DATED: _______________________, 2006.

By: _____________________________

 Attorneys for James S. Gordon, Jr.

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NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Avenue South, Suite 610

Seattle, Washington 98104

phone: (206) 274-2800

fax: (206) 274-2801

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 16th day of June, 2006, I caused the 

foregoing DEFENDANT VIRTUMUNDO, INC.’S FIRST SET OF INTERROGATORIES

AND REQUESTS FOR PRODUCTION TO PLAINTIFF GORDON, AND

CERTIFICATE OF SERVICE to be served via the methods listed below on the following

party:

Via Email and Fax to:

Robert Siegel, Esq.

Merkle Siegel & Friedrichsen, P.C.

Fax: (206) 624 - 0717

Email: bob@msfseattle.com

I declare under penalty of perjury under the laws of the United States and the State of

Washington that the forgoing is true and correct and that this declaration was executed on June

16th, 2006, at Seattle, Washington.

________________________

Diana Au

Case 2:06-cv-00204-JCC Document 70-6 Filed 12/21/2006 Page 20 of 20