Mickey Chandler's SpamSuite

e360Insight can't wait for Comcast to file its answer in this case to start discovery. You'll find this set of proposed discovery chock full of hardee-har-har goodness. I'll let you put your favorites in the comments.

For those of you who want to know what I think: I think that there's not much here that we won't find Comcast object to as being over-broad, burdensome, and in violation of one or more privileges. But, nice try there, Dave. No one can say that you're not paying your attorneys enough.
======================================
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS,
EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

MOTION FOR EXPEDITED DICOVERY

NOW COMES, Plaintiff, e360Insight, LLC ("e360"), by and through its attorneys, Carla E. Buterman of the Law Office of Carla E. Buterman and Joseph L. Kish of Synergy Law Group, LLC, and for its Motion for Expedited discovery pursuant to Fed. R. Civ. P. 26(d), states as follows:

1. e360 filed its Complaint for injunctive relief and damages on January 15, 2008.

2. e360 has also filed a Motion for Preliminary Injunction contemporaneously with the filing of this Motion.

3. Defendant was served with a copy of the Complaint on January 30, 2008.

4. e360 wishes to serve written discovery immediately, including requests for production of documents, interrogatories and requests for admission. (Copies of the discovery e360 wishes to serve are attached to this motion as Exhibit A.)

5. Pursuant to Fed. R. Civ. P. 26(d), this Court can order expedited discovery in advance of the conference required by Fed. R. Civ. P. 26(f).

-2-
6. As detailed in the Complaint, Defendant is, among other things, tortiously interfering with e360's business, transmitting inaccurate response data in an attempt to significantly delay e360's connections in order to slow or incapacitate e360's mail servers and violating e360's First Amendment rights.

7. Defendant continues to engage in this tortious conduct by blocking e360's attempts to deliver e-mail to its customers who utilize Comcast as an Internet Service Provider.

8. Defendant continues to transmit inaccurate response data in an attempt to significantly delay e360's connections in order to slow or incapacitate e360's mail servers.

9. e360 has demanded that Defendant cease and desist from its harmful conduct and notified e360 of the harmful consequences that e360 is experiencing directly resulting from Defendant's conduct.

10. Given Defendant's continued tortious conduct, which has not decreased despite e360's demands to cease and desist, e360 believes that there are additional occurrences of Defendant's wrongdoing that are substantial and significant.

11. e360 needs to ascertains as quickly as possible the full extent of Defendant's transgressions so that it can assess and attempt to mitigate the damage that is being caused.

12. e360 needs the requested discovery to identify why Defendant is blocking its email so that e360 can present as clear a picture of all of Defendant's wrongdoings (tortuously interfering with e360's business and violating e360's First Amendment rights) to the court at the time of the hearing on e360's motion for preliminary injunction.

-3-
WHEREFORE, Plaintiff, e3601nsight, LLC, respectfully requests that this Court enter an Order granting it leave to immediately serve on Defendant, Comcast Corp., requests for production of documents, interrogatories and requests for admissions.

Respectfully submitted,

E360Insight, LLC.,
By: /s/ Joseph L. Kish
One of Its Attorneys
Joseph L. Kish (6197916)
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois
60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Carla E. Buterman (6281101)
Law Office of Carla E. Buterman
555 Skokie Blvd., Ste 500
Northbrook, IL 60062
Telephone: (847) 480-1020
Facsimile: (847) 480-5879

-4-
CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing Motion for Expedited Discovery was served upon the attorneys listed below electronically through CM/ECF on February 21, 2008.

Douglas N. Masters dmasters@loeb.com Joseph L Kish jkish@synergylawgroup.com,nmcdonald@synergylawgroup.com Carla Elizabeth Buterman cbuterman@butermanlaw.com
Nathan John Hole nhole@loeb.com,ahill@loeb.com,chicagopto@loeb.com, vmelero@loeb.com

/s/ Joseph L. Kish
One of Their Attorneys
Joseph L. Kish (6197916)
Synergy Law Group, L.L.C.
730 West Randolph, 6`f' Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Carla E. Buterman (6281101)
Law Office of Carla E. Buterman
555 Skokie Blvd., Ste 500
Northbrook, IL 60062
Telephone: (847) 480-1020
Facsimile: (847) 480-5879

-5-
GROUP EXHIBIT
A
-6-
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT

Plaintiff, e360lnsight, LLC ("e360"), by and through its attorneys, by and through its attorneys, Carla E. Buterman of the Law Office of Carla E. Buterman and Joseph L. Kish of Synergy Law Group, LLC, pursuant to Federal Rules of Civil Procedure 26 and 33, propounds the following Interrogatories to Defendant Comcast Corporation, (Defendant), to be answered within 30 days of the date of the attached certificate of Service.

Definitions

A.The term "you" or "your" means Defendant, Comcast Corporation, and any of its predecessors, successors, subsidiaries, current and former employees, partners, agents, attorneys, representatives, and all other persons acting in concert with or on behalf of Defendant, Comcast Corporation.

B.The term "person" or "persons" means a natural person or an entity, any business entity, corporation, partnership, joint venture, firm, trust, group, association, sole proprietorship, any other business entity or any federal, state or local government agency or governmental body.

-7-
C.The term "document" or "documents" as used herein means the original and any identical or non-identical copy, regardless of origin or location, of all written, typewritten, printed, handwritten, computer, recorded or graphic material of any kind or character, including, but not limited to, computer files, drafts, letters, correspondence, telegrams, memoranda, records, tapes, transcripts, programs, photographs, tape recordings, charts, graphs, indexes, minutes, contracts, leases, agreements, handwritten notes, notations of conversations or conferences, interoffice communications, periodicals, bills, schedules, price sheets, time cards, work records, bulletins, circulars, pamphlets, studies, notices, summaries, papers, reports, books, teletype messages, facsimile messages, emails, invoices, worksheets, computer printouts, data sheets, data processing tapes, cards, or disks, interoffice communications, forms insurance policies, vouchers, expense account reports, recordings and transcripts thereof, and any other writings, recordings or information stored in computer memory, however produced or reproduced which are now or have ever been in your possession, custody or control or in the possession, custody or control of any of your agents, officers, employees, representatives, or attorneys, and any other document and tangible item subject to discovery under Fed, R. Civ. P. 26.

D.The term "communication" or "communications" means any and all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, electronic mail (e-mail), letters, notes, memoranda, telegraphs, advertisements, and any and all other forms of verbal exchange, whether oral, written, or electronically transmitted, or any summaries, paraphrases or records of any of the foregoing.

E.The term "identify" (with respect to natural persons) means to set forth the person's (i) full name, (ii) present or last known business or residence address, (iii) present or last known place of employment and position, and (iv) telephone number. Once a person has
-8-
been identified in accordance with this subparagraph, only the name of that person needs to be listed in response to subsequent discovery requesting the identification of that person.

F.The term "identify" (with respect to business organizations) means to set forth (i) the full name of the organization, (ii) its address, (iii) the form of the organization (e.g. corporation, partnership, etc.), and (iv) the state under whose laws such organization was formed.

G.The term "identify" (with respect to communications) means to set forth (i) the types, manner, or means of the communication (i.e., by letter, telephone call, e-mail, interview, meeting, etc.), (ii) the date of the communication, (iii) the place of the communication, (iv) the general subject matter(s) of the communication, (v) sender(s) and recipient(s) of the communication, and (vi) each document that embodies, relates to or refers to the communication.

H.The term "identify" (with respect to documents) means to set forth (i) the type of document (ii) its date, (iii) its general subject matter(s), (iv) each author, signatory, addressee, and recipient thereof, (v) its custodian, and (vi) its present or last known location.

I. The term "relate" or "relating to" means to refer, pertain, concern, describe, establish, demonstrate, evidence, or bear or touch on.

J.As used in these requests, the singular includes the plural, and the plural includes the singular; the masculine, feminine or neuter pronouns include each other; the disjunctive "or" and the conjunctive "and" include each other; and each of the functional words "each", "every", "any", and "all" shall include all of the other functional words, as necessary to bring within the scope of this request any documents that might otherwise be construed to be outside the scope.

K.These interrogatories seek information concerning the time period of January 1, 2005 to the present unless otherwise specified.

-9-
L.As used in these requests, "customers" of Defendant shall mean all individuals who maintain or maintained an e-mail account with Comcast and who were the intended recipients of e-mail sent by Plaintiff that was blocked by Defendant from being delivered.

Instructions

M.In responding to these interrogatories, furnish all information in Defendant's possession, custody or control and in the possession, custody or control of Defendant's members, managers, employees, agents, attorneys, representatives, and any other persons acting on Defendant's behalf, and not merely such matter as is in Defendant's possession.

N.These interrogatories are to be deemed continuing. Defendant is requested to provide, by way of supplementary responses, such additional information and documentation as may hereafter be obtained by Defendant, or any person on Defendant's behalf, that will augment, supplement or otherwise modify the answers now given to the following requests.

O.If any of these requests cannot be responded to in full, answer to the extent possible, specifying the reasons for Defendant's inability to answer to the remainder and stating what information you do have concerning the unanswered portion.

Privileged Matter
You are requested to identify and list all documents or responses called for by these interrogatories but withheld from production on the grounds of attorney-client privilege, work product privilege, or on any other basis, and to specify in writing the grounds for your withholding such documents. All such documents shall be segregated, and retained by your counsel pending a ruling by the Court on the claimed privilege. Each document shall be identified by:
(1) Author and recipient(s), including titles of such persons;

-10-
(2) Date of document;

(3) Number of pages, attachments, and appendices;

(4) A general description of the nature and subject matter of the document;

(5) Subject matter and nature of privilege claimed;

(6) Present custodian; and

(7) Reason the document was not produced.

Material Lost Or Destroyed
If any responses to these interrogatories are incomplete because have been lost, discarded or destroyed, the materials so lost, discarded or destroyed shall be identified as completely as possible, including identification as set forth above under "Privileged Matter" and the following information: date of disposal or loss, person authorizing the disposal, persons having knowledge of the disposal or loss, and person disposing of the document.

Interrogatories

1. Identify all communication between and among Defendant and any third-party regarding Plaintiff.

2. Identify all communication between and Defendant and any third-party concerning this litigation.

3. Identify all communication between Defendant on the one hand and Plaintiff on the other.

4. Identify all communication between Defendant on the one hand and intended recipients of e-mail sent by Plaintiff to customers of Defendant on the other concerning this litigation.

-11-
5. Identify all communication between Defendant on the one hand and intended recipients of e-mail sent by Plaintiff to customers of Defendant on the other concerning the subject e-mail.

6. Identify all sources used by Defendant in its determination to block e-mail sent by Plaintiff to customers of Defendant.

7. Identify the person or persons involved in the decision to block e-mail sent by Plaintiff to customers of Defendant.

8. Identify all persons with knowledge of the messages sent to Plaintiff in response to Plaintiff's attempt to transmit e-mail to customers of Defendant.

9. Identify all persons with knowledge of the e-mail filters used by Defendant to screen incoming e-mail messages.

10. Identify all communications between and among Defendant and any other entities regarding the blocking of e-mail sent by Plaintiff to customers of Defendant.

11. Identify the policies or procedures that you believe are applicable to the decision to block e-mail sent by Plaintiff to customers of Defendant.

12. Identify all email marketing companies that are not regularly blocked from sending email to Comcast's mail servers and why these entities are materially different from Plaintiff.

13. Identify all entities that provide financial compensation to Comcast in any form, including payment, advertising services, barter of services, press services or any other form of compensation to Comcast for delivering email messages to Comcast subscribers.

14. State the basis for your decision to block e-mail sent by Plaintiff to customers of Defendant.

-12-
15. Identify the policies or procedures that you believe are applicable to the decision to transmit inaccurate response data to Plaintiffs computer servers in response to email sent by Plaintiff to its customers who utilize Defendant as an ISP.

16. State the basis for your decision to transmit inaccurate response data to Plaintiffs computer servers in response to email sent by Plaintiff to its customers who utilize Defendant as an ISP.

17. Identify the policies or procedures that you believe are applicable to the decision to hold or severely and significantly delay email Plaintiff has attempted to send to its customers who utilized Defendant as an ISP who have signed up to receive such emails, and the decision by Defendant to refuse to release such emails through its system.

18. State the basis for your decision to hold or severely and significantly delay email Plaintiff has attempted to send to its customers who utilized Defendant as an ISP who have signed up to receive such emails, and the decision by Defendant to refuse to release such emails through its system.

Respectfully submitted, e3601nsight, LLC.,
By:
/s/ Joseph L. Kish
One of Its Attorneys
Joseph L. Kish (6197916)
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261
Carla E. Buterman (6281101)
Law Office of Carla E. Buterman
555 Skokie Blvd., Ste 500
Northbrook, IL 60062
Telephone: (847) 480-1020
Facsimile: (847) 480-5879

-13-
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

PLAINTIFFS' FIRST SET OF REOUESTS TO PRODUCE

Plaintiff, e3601nsight, LLC ("e360"), by and through its attorneys, by and through its attorneys, Carla E. Buterman of the Law Office of Carla E. Buterman and Joseph L. Kish of Synergy Law Group, LLC, pursuant to Federal Rules of Civil Procedure 26 and 34, propounds the following Requests to Produce to Defendant Comcast Corporation, (Defendant), to be answered within 30 days of the date of the attached Certificate of Service.

Definitions

A. The term "you" or "your" means Defendant, Comcast Corporation, and any of its predecessors, successors, subsidiaries, current and former employees, partners, agents, attorneys, representatives, and all other persons acting in concert with or on behalf of Defendant, Comcast Corporation.

B. The term "person" or "persons" means a natural person or an entity, any business entity, corporation, partnership, joint venture, firm, trust, group, association, sole proprietorship, any other business entity or any federal, state or local government agency or governmental body.

-14-
C. The term "document" or "documents" as used herein means the original and any identical or non-identical copy, regardless of origin or location, of all written, typewritten, printed, handwritten, computer, recorded or graphic material of any kind or character, including, but not limited to, computer files, drafts, letters, correspondence, telegrams, memoranda, records, tapes, transcripts, programs, photographs, tape recordings, charts, graphs, indexes, minutes, contracts, leases, agreements, handwritten notes, notations of conversations or conferences, interoffice communications, periodicals, bills, schedules, price sheets, time cards, work records, bulletins, circulars, pamphlets, studies, notices, summaries, papers, reports, books, teletype messages, facsimile messages, emails, invoices, worksheets, computer printouts, data sheets, data processing tapes, cards, or disks, interoffice communications, forms insurance policies, vouchers, expense account reports, recordings and transcripts thereof, and any other writings, recordings or information stored in computer memory, however produced or reproduced which are now or have ever been in your possession, custody or control or in the possession, custody or control of any of your agents, officers, employees, representatives, or attorneys, and any other document and tangible item subject to discovery under Fed, R. Civ. P. 26.

D. The term "communication" or "communications" means any and all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, electronic mail (e-mail), letters, notes, memoranda, telegraphs, advertisements, and any and all other forms of verbal exchange, whether oral, written, or electronically transmitted, or any summaries, paraphrases or records of any of the foregoing.

-15-
E. The term "identify" (with respect to natural persons) means to set forth the person's (i) full name, (ii) present or last known business or residence address, (iii) present or last known place of employment and position, and (iv) telephone number. Once a person has been identified in accordance with this subparagraph, only the name of that person needs to be listed in response to subsequent discovery requesting the identification of that person.

F. The term "identify" (with respect to business organizations) means to set forth (i) the full name of the organization, (ii) its address, (iii) the form of the organization (e.g. corporation, partnership, etc.), and (iv) the state under whose laws such organization was formed.

G. The term "identify" (with respect to communications) means to set forth (i) the types, manner, or means of the communication (i.e., by letter, telephone call, e-mail, interview, meeting, etc.), (ii) the date of the communication, (iii) the place of the communication, (iv) the general subject matter(s) of the communication, (v) sender(s) and recipient(s) of the communication, and (vi) each document that embodies, relates to or refers to the communication.

H. The term "identify" (with respect to documents) means to set forth (i) the type of document (ii) its date, (iii) its general subject matter(s), (iv) each author, signatory, addressee, and recipient thereof, (v) its custodian, and (vi) its present or last known location.

I. The term "relate" or "relating to" means to refer, pertain, concern, describe, establish, demonstrate, evidence, or bear or touch on.

-16-
J. As used in these requests, the singular includes the plural, and the plural includes the singular; the masculine, feminine or neuter pronouns include each other; the disjunctive "or" and the conjunctive "and" include each other; and each of the functional words "each", "every", "any", and "all" shall include all of the other functional words, as necessary to bring within the scope of this request any documents that might otherwise be construed to be outside the scope.

K.These interrogatories seek information concerning the time period of January 1, 2005 to the present unless otherwise specified.

L.As used in these requests, "customers" of Defendant shall mean all individuals who maintain or maintained an e-mail account with Comcast and who were the intended recipients of e-mail sent by Plaintiff that was blocked by Defendant from being delivered.

M.As used in these requests, "White List" shall mean any and all documents that memorialize or otherwise reference an agreement by Defendant to allow the delivery of e-mail sent by third-parties to individuals who utilize Defendant as an ISP.

Instructions

N. In responding to these requests, furnish all information in Defendant's possession, custody or control and in the possession, custody or control of Defendant's members, managers, employees, agents, attorneys, representatives, and any other persons acting on Defendant's behalf, and not merely such matter as is in Defendant's possession.

O. These requests are to be deemed continuing. Defendant is requested to provide, by way of supplementary responses, such additional information and documentation as may hereafter be obtained by Defendant, or any person on Defendant's behalf, that will
-17-
augment, supplement or otherwise modify the answers now given to the following requests.

P. If any of these requests cannot be responded to in full, answer to the extent possible, specifying the reasons for Defendant's inability to answer to the remainder and stating what information you do have concerning the unanswered portion.

Privileged Matter

You are requested to identify and list all documents called for by this request but withheld from production on the grounds of attorney-client privilege, work product privilege, or on any other basis, and to specify in writing the grounds for your withholding such documents. All such documents shall be segregated, and retained by your counsel pending a ruling by the Court on the claimed privilege. Each document shall be identified by:

Author and recipient(s), including titles of such persons;
Date of document;
Number of pages, attachments, and appendices;
A general description of the nature and subject matter of the document;
Subject matter and nature of privilege claimed;
Present custodian; and
Reason the document was not produced.

Material Lost Or Destroyed

If any documents requested herein have been lost, discarded or destroyed, the documents so lost, discarded or destroyed shall be identified as completely as possible, including identification as set forth above under "Privileged Matter" and the following information: date of disposal or
-18-
loss, person authorizing the disposal, persons having knowledge of the disposal or loss, and person disposing of the document.

Documents Requested

1. All documents relating to the e-mail filters, blacklists and blocking technologies utilized by Defendant.

2. All documents referred to by you in your answers to Plaintiff's Interrogatories.

3. All documents related to any content filtering systems utilized by Defendant.

4. All documents relating to any third-party sources used in connection with Defendant's decision to block e-mail sent by Plaintiff.

5. All documents relating to your communications with any person about Plaintiff.

6. All documents relating to your communications with Plaintiff.

7. All documents relating to why you placed blocked e-mail sent by Plaintiff to your customers.

8. All documents relating communications you had with anyone discussing why you placed blocked e-mail from Plaintiff.

9. All documents relating communications you had with anyone discussing why you placed blocked e-mail sent by Plaintiff.

10. All documents relating to Plaintiff violating Defendant's Acceptable Use Policy.

11. All documents relating to Plaintiff violating Defendant's Terms of Service agreements.

12. All documents relating to any communications Defendant had with Spamhaus, Spamhaus Technology, Spamhaus volunteers, other businesses relating to Plaintiff.

-19-
13. All documents relating to any communications Defendant had with Spamhaus, Spamhaus Technology, Spamhaus volunteers, other businesses concerning this litigation.

14. All documents relating to following error message from Comcast for all of the messages e360 attempted to send:
"550 5.2.0 63.210.103.209 blocked by ldap:ou=rblmx,dc=comcast,dc=net -> BL004 Blocked for spam. Please see http://www.comcast.net/help/fag/index.isp?faq=SecurityMail_Policy18628"

15. All documents relating to the integration of Brightmail technology into the Comcast network and all documents describing the features and functions contained in the Brightmail application that are used to identify, score, block and/or filter inbound email messages.

16. All documents relating to the integration of MAPS technology by TrendMicro into the Comcast network and all documents describing the features and functions contained in the MAPS application that are used to identify, score, block and/or filter inbound email messages.

17. All documents relating to any agreements to allow the delivery of e-mail by other entities (entities that are "White Listed") that deliver email messages to individuals who utilize Comcast as an ISP.

18. All documents relating to any written or verbal agreements between Comcast and any email marketing companies, including email service providers (ESPs) that related to the delivery of email messages to Comcast's network.

19. All documents related to complaint rates, bounce rates, trap hits, message volume sent and any other metrics used by Comcast to determine whether an email message should be blocked or filtered from its intended recipient.

-20-
20. All documents related to complaints received by Comcast regarding e360.

21. All documents, including but not limited to logs created or used by email administrators, related to blocked email messages.

Respectfully submitted,

e360Insight, LLC.,

By: /s/ Joseph L. Kish
One of Its Attorneys
Joseph L. Kish (6197916)
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Carla E. Buterman (6281101)
Law Office of Carla E. Buterman
555 Skokie Blvd., Ste 500
Northbrook, IL 60062
Telephone: (847) 480-1020
Facsimile: (847) 480-5879

-21-
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

E360INSIGHT, LLC,
Plaintiff,

v.

COMCAST CORPORATION,
Defendant.

PLAINTIFFS' FIRST SET OF REQUESTS TO ADMIT

Plaintiff, e360Insight, LLC ("e360"), by and through its attorneys, Carla E. Guterman of the Law Office of Carla E. Buterman and Joseph L. Kish of Synergy Law Group, LLC, pursuant to Federal Rules of Civil Procedure 26 and 36, propounds the following Requests to Admit to Defendant Comcast Corporation, (Defendant), to be answered within 30 days of the date of the attached certificate of Service.

Request to Admit

1. Plaintiff has not violated Defendant's Acceptable Use Policy.

2. Plaintiff has not violated Defendant's Terms of Service agreements.

3. Defendant is an internet service provider ("ISP") that provides email service to its customers and Defendant has agreed to act as an intermediary in delivering and receiving emails on behalf of its customers.

4. Commencing as early as 2005, Defendant blocked emails e-mail messages e360 repeatedly attempted to send to Comcast customers.

5. Defendant refuses to provide e360 with any information as to how e360 could modify its email messages to avoid triggering the block of its rightfully sent email messages.

-22-
6. Plaintiff has contacted Defendant in attempts to get Defendant to allow Plaintiff's email to get through to parties utilizing Comcast as an ISP.

7. Defendant has transmitted inaccurate response data to Plaintiffs computer servers.

8. Defendant has blocked e-mail sent by Plaintiff to e-mail accounts of Defendant's customers.

9. Defendant uses multiple email filters, including third-party companies and internal blacklists, to filter and block emails.

10. On March 5, 2007, Plaintiff notified Defendant that Defendant's use of the Spamhaus blacklist was improperly blocking Plaintiff's email messages and was improperly interfering with Plaintiffs legitimate business.

11. Defendant has blocked and continues to block emails sent by Plaintiff to its customers based on information obtained from Spamhaus.

12. Defendant has blocked and continues to block emails sent by Plaintiff to its customers based on other third-party and internal blacklists and other software filters supplied by third-parties.

13. Use of the software filters includes blocking e-mail based on the content of the e-mail sent.

14. Defendant has transmitted inaccurate bounce information to Plaintiffs mail server.

15. Defendant has knowledge of the Plaintiffs prospective business relationships with Comcast users.

16. Defendant intentionally and knowingly slowed its processing time of when contacted by e360 computers in and effort to send e-mail.

-23-
17. Defendant knows that entities sending e-mail to Defendant's customers rely on Defendant to provide accurate and truthful information regarding the deliverability of mail and the activity status of email addresses of Defendant's customers.

18. Plaintiff has the right to send commercial emails to its consumers and consumers who have asked or agreed to receive its email.

19. Defendant informs third-parties that if the third-party adheres to Defendant's Acceptable Use Policy, Abuse Policy and Agreement for Services the e-mail from the third-party to Defendant's customers will be delivered.

20. Defendant has entered into agreements, either written or verbal, to allow certain email marketers to send or transmit email without interruption regardless of whether such email meets Comcast's Acceptable Use policy.

Respectfully submitted,
e360Insight, LLC.,
By: /s/ Joseph L. Kish
One of Its Attorneys
Joseph L. Kish (6197916)
Synergy Law Group, LLC
730 West Randolph, 6th Floor
Chicago, Illinois 60661
Telephone: (312) 454-0015
Facsimile: (312) 454-0261

Carla E. Buterman (6281101)
Law Office of Carla E. Buterman
555 Skokie Blvd., Ste 500
Northbrook, IL 60062
Telephone: (847) 480-1020
Facsimile: (847) 480-5879