Silverstein

Silverstein v. Experienced Internet.com, Inc.

Good Law
266 F. App'x 678
United States Court of Appeals for the Ninth CircuitFebruary 14, 2008No. 05-16882California624 words

Opinion

lead Opinion

MEMORANDUM *

William Silverstein (“Silverstein”) appeals the district court’s dismissal for lack of jurisdiction and its denial of Silverstein’s motion for reconsideration. He alleged that he is an Internet Service Provider (“ISP”) and that Experienced Internet.com, Inc. (“EIC”) sent him unsolicited commercial emails (“spam”), in violation of the CAN-SPAM Act, 15 U.S.C. § 7701-7713 , and the California Business & Professions Code § 17500 et seq. He also named EIC’s President, Patricia Quesada (“Quesada”), and Vice President, Sylvia Bedoya (“Bedoya”), as defendants in the action. The district court granted defendants’ motion to dismiss for lack of personal jurisdiction. This appeal followed.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM the district court.

Silverstein conducts business as an ISP with the principal place of business in Los Angeles, California. EIC is a Florida corporation with its principal place of business in Miami, Florida. Quesada and Bedoya are both residents of Miami, Florida. Silverstein alleged that EIC used his servers to deliver spam containing sexually explicit content, and further that the spam did not have the “SEXUALLY-EXPLICIT”…

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