Omni Innovations LLC et al v. Smartbargains.com LP et al, No. 2:2006cv01129 - Document 13 (W.D. Wash. 2007)
Court Description: Attachment 1MOTION to Stay Pending a Final Judgment in a Related Case, or Dismiss CAN-SPAM Claims for Failure to State a Claim by Defendant Smartbargains.com LP. Noting Date 2/23/2007. (Attachments: # 1 Proposed Order)(Newman, Derek)
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Omni Innovations LLC et al v. Smartbargains.com LP et al Case 2:06-cv-01129-JCC Doc. 13 Att. 1 Document 13-2 1 Filed 01/26/2007 Page 1 of 2 The Honorable John C. Coughenour 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 OMNI INNOVATIONS, LLC, a Washington limited liability company; and JAMES S. GORDON JR. 12 Plaintiffs, 13 14 15 v. Defendant. 17 19 20 21 22 THIS MATTER comes before the Court on Defendant SmartBargains.com, LP (“SmartBargains”) Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P 12(b)(6) or to Stay this Litigation. . Having reviewed the First Amended Complaint, Defendants’ Memorandum, Plaintiff’s Response, and Defendants’ Reply, the Court finds and rules as follows: 1. 23 Plaintiffs fail to allege any basis for standing pursuant to CAN-SPAM Act of 2003, 15 U.S.C. § 7701 et seq. ("CAN-SPAM") because Plaintiffs allegation that 24 they “enabled computer access for multiple users to a computer server that 25 provides access to the Internet” is not sufficient to confer standing under CAN- 26 27 [proposed] ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CAN-SPAM CLAIMS AND TO STAY THIS LITIGATION SMARTBARGAINS.COM, LP, a Delaware Limited Partnership; 16 18 No. CV06-1129JCC SPAM. 2. Plaintiffs’ claims pursuant to CAN-SPAM are hereby dismissed. 28 [proposed] ORDER GRANTING MOTION TO DISMISS OR STAY - 1 (CV06-1129JCC) NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 (206) 274-2800 Dockets.Justia.com Case 2:06-cv-01129-JCC 1 3. Document 13-2 Filed 01/26/2007 Page 2 of 2 The Court finds that substantially similar and material facts are being adjudicated 2 in independent proceedings which breach upon this case. Accordingly, the Court 3 orders that this entire lawsuit be stayed pending a final judgment in the matter of 4 Gordon v. Virtumundo, NO. CV06-0204JCC, W.Dist.Wa. See Leyva v. Certified 5 Grocers of California, 593 F.2d 857, 863-64 (9th Cir. 1979) ("A trial court may, 6 with propriety, find it is efficient for its own docket and the fairest course for the 7 parties to enter a stay of an action before it, pending resolution of independent 8 proceedings which bear upon the case."); see also Silvaco Data Systems, Inc. v. 9 Technology Modeling Associates, Inc., 896 F. Supp. 973, 975 (N.D. Cal. 1995) 10 ("in the interest of wise judicial administration, a federal court may stay its 11 proceedings where a parallel state action is pending") 12 13 14 DATED this __ day of ________________, 2007. 15 16 17 UNITED STATES DISTRICT JUDGE J. COUGHENOUR 18 19 20 21 22 23 24 25 26 27 28 [proposed] ORDER GRANTING MOTION TO DISMISS OR STAY - 2 (CV06-1129JCC) NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 (206) 274-2800
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