James Gordon, Jr. v. Commonwealth Marketing Group

MEMORANDUM

James Samuel Gordon, Jr., appeals pro se from the district court’s summary judgment in his action alleging statutory and contract claims related to defendants’ transmission of unsolicited commercial email or spam. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, and may affirm on any basis supported by the record. Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). We review for an abuse of discretion the denial of a motion for reconsideration. MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir.2006). We affirm.

The district court properly granted summary judgment as to Gordon’s claim under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”) because he lacks standing to sue under the Act. See Virtumundo, 575 F.3d at 1051-57 (explaining in analogous context that Gordon lacks standing to file a private lawsuit under the CAN-SPAM Act because he is not an adversely affected, bona fide Internet access provider).

Summary judgment on the basis of preemption was proper as to Gordon’s claim under the Washington Commercial Email Marketing Act (the “CEMA”)…