SpamSuite.com

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

E360INSIGHT, LLC,
an Illinois Limited Liability Company, and DAVID LINHARDT, an individual

Plaintiffs,

v.

THE SPAMHAUS PROJECT,
a company limited by guarantee and organized tinder the laws of England, aka THE SPAMHAUS PROJECT LTD,

Defendant.

MOTION TO COMPEL

Plaintiffs, e360lnsight, LLC and David Linhardt (collectively Plaintiffs), by and through their attorneys, Synergy Law Group, LLC, respectfully requests that this Court Compel The Spamhaus Project, alca The Spamhaus Project Ltd., (Defendant) to comply with this Court's orders and with Plaintiffs' citation to discover assets. In support of this motion Plaintiffs state:

Order of March 20, 2006

1. On March 15, 2007, Plaintiffs filed a motion for a Rule to Show Cause as to why Defendant had not provided Plaintiffs with information concerning Spamhaus Technology, LTD. A copy of the Motion is attached hereto as Exhibit A.

2. At a hearing on the Motion, this Court denied the Motion but directed Defendant to "respond to all reasonable questions". A copy of the Order is attached hereto as Exhibit B.

3. Defendant has not complied with this Court's Order.

4. On March 26, 2007, counsel for Plaintiffs wrote to counsel for Defendant seeking information related to Spamhaus Technology, LTD. A copy of the letter is attached hereto as Exhibit C.

5. In the letter to counsel for Defendants, Plaintiffs requested the following information regarding Spanihaus Technology, LTD:

a. The office address for Spamhaus Technology, LTD;
b. A list of officers or board members and compensation paid to each;
c. A list of investors, if any, identifying the amount of the investment;
d. A list of employees including their salaries and/or other payments made to the employees for the past two (2) years;
e. A list of owners (including percentage of ownership);
f. Accounts receivables for the past 2 years (including a list of companies subscribing to Spamhaus Technology, LTD's services);
g. Accounts payable for the past 2 years;
h. Bank statements for the past 2 years;
i. Profit and loss ledgers for the past 2 years; and,
j. The dates and amounts of any dividends paid to shareholders.

6. Counsel for Defendant responded by letter stating that Defendant would only provide the office address of Spamhaus Technology, LTD, a list of officers, board members, investors and owners of Spanhaus Technology, LTD and the charter for Spamhaus Technology, LTD. A copy of the letter is attached hereto as Exhibit D.

7. To date, Defendant has only provided the address of Spamhaus Technology, a list of names under the heading of officers, board members, investors and owners of Spamhaus Technology, LTD without identifying the capacity of the individuals, and the Spamhaus Technology, LTD Charter.

8. The information sought by Plaintiffs is reasonable in Plaintiffs' attempt to ascertain the connection between Defendant and Spanihaus Technology, LTD and to discover potential assets that could be used to satisfy the judgment entered against Defendant.

WHEREFORE, Plaintiffs, e3601nsight, LLC and David Linhardt, respectfully request that this Court enter an Order Compelling Defendant to fully comply with this Court's Order by providing Plaintiffs with the following information concerning Spamhaus Technology, LTD:

a. A list of officers or board members and compensation paid to each;
b. A list of investors, if any, identifying the amount of the investment;
c. A list of employees including their salaries and/or other payments made to the employees for the past two (2) years;
d. A list of owners (including percentage of ownership);
e. Accounts receivables for the past 2 years (including a list of companies subscribing to Spamhaus Technology, LTD's services);
f. Accounts payable for the past 2 years;
g. Bank statements for the past 2 years; h. Profit and loss ledgers for the past 2 years; and,
i. The dates and amounts of any dividends paid to shareholders.

and sanction Defendant in the amount of Plaintiffs' reasonable attorney's fees in connection with bringing this motion.

Citation to Discover Assets served on October 23, 2006

9. On October 23, 2006, Plaintiffs served Defendant with a citation to discover assets. A copy of the proof of service and citation is attached as Exhibit E.

10. The citation sought, among other things, information regarding Defendant's "subsidiaries, successors, or other related entities..." See Exhibit E, par. 6.

11. On information and belief, Plaintiffs believe that Ultradesign, LTD is a related entity.

12. Plaintiffs sent Defendant a letter on May 18, 2007 seeking information regarding Ultradesign, LTD to determine if it is a related entity. A copy of the letter is attached hereto as Exhibit F. Specifically, Plaintiffs sought:

The office address for Ultradesign, LTD;
A list of officers or board members and compensation paid to each;
A list of investors, if any, identifying the amount of the investment;
A list of employees including their salaries and/or other payments made to the employees for the past two (2) years;
A list of owners (including percentage of ownership);
Accounts receivables for the past 2 years (including a list of companies subscribing to Ultradesign, LTD's services);
Accounts payable for the past 2 years;
Bank statements for the past 2 years;
Profit and loss ledgers for the past 2 years; and,
The dates and amounts of any dividends paid to shareholders.

13. To date, Defendant has not provided any of the requested information.

14. Counsel for Plaintiffs has spoken to counsel for Defendant in an attempt to resolve this dispute and has offered to meet and confer on the issue, however, Defendant's position is the same as with the other related entity and the parties are at an impasse.

15. The information sought by Plaintiffs is reasonable in Plaintiffs' attempt to ascertain the connection between Defendant and Ultradesign, LTD and to discover potential assets that could be used to satisfy the judgment entered against Defendant.

WHEREFORE, Plaintiffs, e3601nsight, LLC and David Linhardt, respectfully request that this Court enter an Order Compelling Defendant to fully comply with the citation to discover assets by providing Plaintiffs with the following information concerning Ultradesign, LTD:

The office address for Ultradesign, LTD;

A list of officers or board members and compensation paid to each;
A list of investors, if any, identifying the amount of the investment;
A list of employees including their salaries and/or other payments made to the employees for the past two (2) years;
A list of owners (including percentage of ownership);
Accounts receivables for the past 2 years (including a list of companies subscribing to Ultradesign, LTD's services);
Accounts payable for the past 2 years;
Bank statements for the past 2 years;
Profit and loss ledgers for the past 2 years; and,
The dates and amounts of any dividends paid to shareholders.

and sanction Defendant in the amount of Plaintiffs' reasonable attorney's fees in connection with bringing this motion.

Respectfully submitted,

E360lnsight, LLC. and David Linhardt

By: /s/ Daniel J. Peters
One of Their Attorneys

Bartly J. Loethen
Joseph L. Kish
Daniel J. Peters
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Attachment	Date	Size
MotCompelRedux.pdf	06/12/07 7:01 pm	980.54 KB