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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
e360 INSIGHT, LLC, an Illinois Limited Liability Company, and DAVID LINHARDT, an individual,
THE SPAMHAUS PROJECT, a company limited by guarantee and organized under the laws of England, a/k/a THE SPAMHAUS PROJECT, LTD.,
STATUS REPORT ON SUGGESTED DEPOSITION
[1 Defendant expressly objects to this Court's jurisdiction over The Spamhaus Project because Defendant is based solely in the United Kingdom and does not conduct or transact business in Illinois. Moreover, Defendant reserves its arguments based on Plaintiffs' failure to properly effect service of process.]
Mr. Linford's offer to provide deposition testimony, which remains open, was purely voluntary. Mr. Linford:
Consequently, Mr. Linford is not producible on notice, or even on subpoena, to give deposition testimony in this case. Rather, in order to obtain compelled deposition testimony from him, plaintiffs would be required to effect proper international service of process via the Hague Convention, which plaintiffs have not done or attempted to do.
Nonetheless, as Your Honor noted at the status hearing on August 8, 2007, Mr. Linford previously offered to voluntarily provide telephonic deposition testimony in this case on a specific topic. That offer was formally made in a pleading on March 19, 2007. However, that offer was not made in the context of plaintiffs' current motion to compel the production of documents related to Spamhaus Technology, LTD and Ultradesign, LTD; the current motion was not even filed until about three months later, on June 11, 2007. Rather, Mr. Linford made that offer to resolve a motion over a dispute regarding the assets of the defendant in this case - The Spamhaus Project, Ltd. - and was specifically limited to that topic. Specifically, Mr. Linford "expressed his willingness to sit for a telephonic deposition relating to the assets of The Spamhaus Project." (Ex. A, Resp. to Mot. R. Show Cause ¶ 3 (emphasis supplied).) Mr. Linford remains willing to provide deposition testimony on that topic - "the assets of The Spamhaus Project." And, after counsel for The Spamhaus Project reported Your Honor's observations at the August 8, 2007 status conference to Mr. Linford, Mr. Linford also agreed to provide deposition testimony limited to the affirmative statements he made in his declaration opposing plaintiffs' current motion.
However, because of severe security concerns, Mr. Linford is not willing to answer questions beyond the scope of his original offer or the affirmative statements in his declaration
Consequently, while Mr. Linford remains willing to provide testimony regarding the assets of Project, and the lack of any control relationship between Project and the entities at issue in plaintiffs' current motion, Mr. Linford will not provide the names or addresses of any of Project's volunteers. Moreover, Mr. Linford, sitting solely in his capacity as the Director of Project, is unwilling to answer questions regarding the non-defendant entities (Spamhaus Technology, LTD and Ultradesign, LTD). Those answers would essentially provide the information sought in the motion to compel that is currently before this Court, and are not within the control of Project (the only defendant before this Court) as an entity, even though Mr. Linford may have personal knowledge on those topics acquired in his capacity as an officer of those other entities.
During two telephone conversations on August 16, 2007, plaintiffs' counsel advised counsel for Project that plaintiffs are not interested in proceeding with a deposition within the scope of Mr. Linford's offer. During those conversations, counsel for plaintiffs, Bartly Loethen,
Because Your Honor suggested that plaintiffs accept Steve Linford's prior offer to sit for a telephonic deposition, Project desired to advise the Court, prior to the continued hearing date, that the deposition did not proceed and the reasons why it did not proceed.
Dated: August 21, 2007
By: s/ David Jimenez-Ekman
Craig C. Martin
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