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Case 2:06-cv-01129-JCC Document 15 Filed 02/22/2007 Page 1 of 5
1 parties.
2 1.14. Defendant established and implemented, with due care, commercially
3 reasonable practices and procedures designed to effectively prevent the violations alleged
4 in the FAC.
5 1.15. Defendant made commercially reasonable efforts to maintain compliance
6 with their practices and procedures designed to effectively prevent the violations alleged
7 in the FAC.
8 1.16. To the extent any action by Defendant violates CAN-SPAM, Defendant
9 acted without actual knowledge, or knowledge fairly implied on the basis of objective
10 circumstances, of the act or omission that constitutes the violation.
11
12 III. PRAYER FOR RELIEF
13 WHEREFORE, Defendant requests that this Court:
14 1. DISMISS Plaintiffs’ FAC against Defendant alleged herein;
15 2. DENY Plaintiffs the relief they seek;
16 3. GRANT Defendant its reasonable costs and attorneys’ fees incurred in
17 defending against Plaintiff’s FAC; and
18 4. GRANT such other and further relief to Defendant as the Court shall deem
19 just and equitable.
20 DATED this 22nd day of February, 2007.
21
Respectfully Submitted,
22
NEWMAN & NEWMAN,
23 ATTORNEYS AT LAW, LLP
24
25 By:
Derek A. Newman, WSBA No. 26967
26 derek@newmanlaw.com
Roger M. Townsend, WSBA No. 25525
27 roger@newmanlaw.com
28 Attorneys for SMARTBARGAINS.COM, LP