Firoozye

Firoozye v. Earthlink Network

Bad Law

153 F. Supp. 2d 1115·2001 WL 868014·2001 U.S. Dist. LEXIS 15934

United States District Court, Northern District of CaliforniaJuly 31, 2001C 01-02122 CRBCalifornia8,811 words

Opinion

Breyer, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND GRANTING PLAINTIFF’S CROSS-MOTION TO REMAND

Now before the Court are the defendants’ motion to dismiss and the plaintiffs cross-motion to remand. Having carefully considered the parties’ papers, and with the benefit of oral argument on July 27, 2001, the defendants’ motion to dismiss is hereby GRANTED IN PART and DENIED IN PART, and the plaintiffs cross-motion to remand is hereby GRANTED.

BACKGROUND

Beginning in April 1998, the plaintiff Ramin Firoozye, operating his own business known as Wizen Software (“Wizen”), performed contract work for the defendant EarthLink Network, Inc., operating in California as EarthLink-Mindspring, Inc. (collectively, “EarthLink”). Prior to his association with EarthLink, Firoozye had developed a computer software program known as WebStash, which was designed to increase the speed with which an Internet user could browse a company’s web site by storing frequently used media such as images or program snippets from the web site on the user’s hand drive, thereby eliminating the need to download the image every time the user visits the web site. The program stores the media in…

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