American Consumer Publishing Association, Inc. v. Margosian

349 F.3d 1122 AMERICAN CONSUMER PUBLISHING ASSOCIATION, INC.; Dennis L. Simpson; I.C. Marketing Inc.; and Publishers Services Exchange, Plaintiffs-Appellants, v. Jan MARGOSIAN; Elizabeth Gordon; and Geoff Darling, Defendants-Appellees. No. 01-36113. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 9, 2003. Filed November 18, 2003. COPYRIGHT MATERIAL OMITTED Alan R. Herson, Jacksonville, Oregon, for plaintiffs-appellants. Brendan C. Dunn, Assistant Attorney General, Salem, Oregon, for defendants-appellees. Appeal from the United States District Court for the District of Oregon; John P. Cooney, Magistrate Judge, Presiding. D.C. No. CV-01-03057-CO. Before: Cynthia Holcomb HALL, Susan P. GRABER, and Ronald M. GOULD, Circuit Judges. OPINION GRABER, Circuit Judge: 1 The Attorney General of Oregon served a Notice of Unlawful Trade Practices on Plaintiffs American Consumer Publishing Association, Inc., Dennis L. Simpson, I.C. Marketing, and Publishers Services Exchange, advising them that a civil enforcement action for violations of several state statutes was imminent. Before the state proceedings were complete, Plaintiffs filed this action in federal court.…