Case Status page for Silverstein v. Eyefive, Global Web promotions, et al

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10/27/2004I settled with Global Web Promotions. I only settled since the FTC filed suit and had an injunction that stops them from doing business, spamming, and freezing all their monies from spamming. One spammer down, many left.
8/11/2004Judge Hatter of the federal court, granted my motion to remand to state court.
4/29/04The FTC follows my lead and files a lawsuit against Global Web Promotions, naming both Michael John Anthony Van Essen, and Lance Thomas Atkinson personally, in response to 399,700 spam complaints. It is interesting to note that the commission voted 5-0 to file the lawsuit. When I spoke to the attorney handling the case for the FTC, he knew my name because he knows this site.
4/05/04GWP opposes the motion to remand, and of course continues their ridiculous accusations of improper service. 
4/04/04I filed a motion for leave to amend, as in their motion to strike, GWP claimed that the old law was repealed, so I wanted to add violations of the new law which GWP still violates.
3/24/04Silverstein filed a motion to remand, as Global Web removed more than 30 days after service, and failed to file a complete certification of interested parties.
3/17/04Global Web filed a motion to dismiss based on:
  • Lack of proper service,
  • lack of jurisdiction, 
  • Failure to state a claim on which relief can be granted, 
  • and a motion to strike portions of the complaint, mostly based on the new California  law (California Business and Professions Code  17529.5) and the CAN-SPAM act repealing and superceding the old California anti-spam laws.

Of course there arguments are entirely without merit, and I am surprised that court security allowed that fertilizer into the federal court building. 

It would appear that Mike Van Essen committed perjury when he signed an affidavit that stated,

  • "GWP does not conduct and has never conducted any business in California or in the United States. " They shipped product to Silverstein, located in California and the FTC investigator in Chicago; they regularly conduct business with Eyefive, Inc. located in California. The FTC filed a lawsuit against GWP based on 399,700 complaints by  US residents.
  • GWP does not have and has never had a telephone number in California or in the United States." GWP maintained more than one US telephone number. 
  • GWP  I have received a copy of the First Amended Complaint of Plaintiff William Silverstein, a summons, (a true and correct copy of which is attached hereto as Exhibit A), and other documents, by mail on January 22, 2004. The envelope containing the documents was addressed to me at my home address. It was not addressed to GWP's business address. GWP's registered business address is Van Essen's home address.
GWP's attorney, Janine Bassett, claims that there was no legible copy of proof of service provided to the court, but that is a lie. If Bassett bothered to walk the 5 blocks to the courthouse, they would have seen that there was a legible proof of service filed.  Of course, this proof was submitted in response to their baseless motion -- Bassett objected to this, apparently due to the worst evidence rule.
2/23/04Global Web removed the case to federal court, based on diversity jurisdiction and federal question -- that the I-CAN-SPAM act supersedes the California law. 
2/17/04Kent Raygor appeared for Global Web at the case management conference. He claimed that he just was brought on the case the prior Friday and didn't really know much about it. He works for the firm Sheppard, Mullen, Richter & Hampton, LLP. I found him to beHe was quite rude and a liar.
1/9/04Another party performed service by registered mail (per California Civil Procedure 415.40) on Global Web's office in Australia
1/6/04Dan Balsam performed substitute service on Global Web's mailing address, Eyefive's address -- as posted on Global Web's website.
11/25/03Amended the complaint, removing Eyefive as a defendant and adding Global Web Promotions PTY, Ltd. Eyefive, claims, that there were only providing fulfillment services for Global Web. Keep in mind -- get into bed with a spammer, wake up with fleas in the form of a lawsuit.
8/18/03Filed original lawsuit against Eyefive Inc.
 

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