Mickey Chandler's SpamSuite

This is the continuation of e360's "The Lawyer Ate My Discovery Responses" parade. Apparently, according to e360's argument, Daniel Peters is the terrible attorney responsible for not getting things done on time. He's no longer with the firm, and all of the blame for not getting discovery responses in on time should be laid squarely at his feet.

The Virginia Supreme Court has overturned the conviction of Jeremy Jaynes saying that the "statute is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails including those containing political, religious or other speech protected by the First Amendment to the United States Constitution."

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This is e360's reply to Spamhaus' motion to dismiss.

"My lawyer ate my discovery responses" seems to be the order of the day as e360's attorneys try to blame a former attorney at the firm for not sending their discovery answers first and then blame Spamhaus' attorneys for not bringing this shortcoming to their attention sooner for STILL not filing their discovery responses.

This is just a bit of administrivia for regular readers of this site.

Expect that site updates may take a bit longer than they have in the past.

My wife has recently been diagnosed with breast cancer. Therefore, most of our time and energy (not to mention the money that we have been spending out of our pockets for documents) for the next few months will be channeled in her direction.

And it's come to this.

Spamhaus has filed its Motion to Dismiss alleging that e360 has just disregarded the Court's latest order mandating full and complete responses to discovery requests.

The only interesting thing in the exhibits is the addition of the transcript from the 7/30/08 hearing wherein Judge Kocoras allows his displeasure with e360's discovery games.

MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held on 7/30/2008. Defendant's motion for various relief for persistent discovery defaults is granted in part and denied in part. Plaintiffs are ordered to pay the Court Reporter costs associated with the cancelled depositions of David Linhardt. Linhardt's deposition is ordered to be completed by 9/30/2008.

Yours truly has been on vacation for the past 9 days, but that hasn't stopped the e360 Insight v. Spamhaus case from moving forward.

The exhibits are kind of fun to read, especially the first one wherein Judge Kocoras seems rather... displeased with e360 and their treatment of discovery in the case.

This is the preliminary order of forfeiture. It is still unsigned and subject to being changed.

In this supplemental sentencing memorandum, the Government lays out why it feels Soloway needs a stiff sentence of hard time in a federal prison.

In this supplemental sentencing memorandum, Soloway's attorneys point out that CAN-SPAM does not ban spam, it merely regulates it. They also ask for extra time before the prison sentence starts to ween Soloway off of Klonopin and onto some other drug that is in the Bureau of Prison's formulary.