Optinrealbig. Com, LLC v. Ironport Systems, Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

This matter comes before the Court on the motion for a preliminary injunction filed by plaintiff OPTINREALBIG.COM, LLC (“Optln”) to enjoin certain activities of defendant SPAMCOP.NET, Inc. (“SpamCop”) a wholly owned subsidiary of IronPort Systems, Inc. Having read and considered the arguments presented by the parties in their moving papers, and at the May 18, 2004 hearing, the Court hereby DENIES Optln’s motion for preliminary injunction.

I. ADMINISTRATIVE ISSUES

During the May 18, 2004 hearing, the Court specifically requested a supplemental declaration from SpamCop that explained technical issues regarding how SpamCop’s software functions. The Court did not request the same from Optln. Nevertheless, Optln took the liberty of submitting not only supplemental declarations to bolster its arguments, but a sup plemental brief regarding issues related to the Communications Decency Act. Notably, Optln’s submissions were filed on May 25, 2004, a week after the Court held oral argument. . Such uninvited submissions are inappropriate and violate the notions of fairness that underlie the judicial process. Optln should be aware…