Zango Inc v. PC Tools Pty Ltd

Plaintiff Zango Inc. alleges that defendant PC Tools Pty Ltd.'s application "Spyware Doctor Starter Edition" disables Zango installations, prevents the display of advertisements from Zango, and identifies Zango software as an infection engaged in a malicious action that represents an elevated risk.

Additional Resources

Plaintiff:Zango Inc
Defendant:PC Tools Pty Ltd
 
Case Number:2:2007cv00797
Filed:May 24, 2007
 
Court:Washington Western District Court
Office:Seattle Office [ Court Info ]
County:King
Presiding Judge: John C Coughenour
Presiding Judge: James P. Donohue
 
Nature of Suit:Contract - Other Contract
Cause:28:1441 Petition For Removal--Other Contract
Jurisdiction:Diversity
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

May 24, 2007 1 NOTICE OF REMOVAL from King County Superior Court, case number 07-2-15844-8 SEA; (Receipt # SEA 9616), filed by PC Tools Pty Ltd. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: May 25, 2007)
May 24, 2007 2 NOTICE TO PLAINTIFF OF FILING NOTICE OF REMOVAL ; filed by Defendant PC Tools Pty Ltd. (PM, ) (Entered: May 25, 2007)
May 25, 2007 3 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 7/6/2007. Please Note: Consents must not be electronically filed with the Court. (PM, ) (Entered: May 25, 2007)
May 25, 2007 4 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT.Joint Status Report due by 7/6/2007,FRCP 26f Conference Deadline is 6/22/2007.,Initial Disclosure Deadline is 6/29/2007. by Judge James P. Donohue. (PV, ) (Entered: May 25, 2007)
May 25, 2007 5 Letter from Clerk to counsel advising of case number, judge assignment, jury demand, and motion noting requirements. (PM, ) Modified on 5/25/2007 to correct filing date (PM, ). (Entered: 05/25/2007)
May 25, 2007 6 MOTION for Temporary Restraining Order by Plaintiff Zango Inc. Oral Argument Requested.Noting Date 5/25/2007.(Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007 7 DECLARATION of Gregg Berretta filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007 8 DECLARATION of Kelly Corr filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007 9 DECLARATION of Richard Purcell filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007 10 DECLARATION of Tom Allan filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007 11 PROPOSED ORDER (Unsigned) re 6 MOTION for Temporary Restraining Order (Corr, Kelly) (Entered: May 25, 2007)
May 25, 2007   Case Reassigned to Judge John C Coughenour. Judge James P. Donohue no longer assigned to the case. (RS, ) (Entered: May 25, 2007)
May 25, 2007 12 Plaintiff's Zango's MOTION for Temporary Restraining Order, by Plaintiff Zango Inc. (Attachments: # 1 Proposed Order)Noting Date 5/25/2007.(TS, (Entered: May 25, 2007)
May 25, 2007   ***Motion terminated (Duplicate Filing): 12 MOTION for Temporary Restraining Order filed by Zango Inc. (TS, ) (Entered: May 25, 2007)
May 25, 2007 13 APPLICATION by Defendant PC Tools Pty Ltd AND ORDER admitting Tarek F M Saad for PC Tools Pty Ltd pro hac vice. Receipt # SEA 9643. (RS, ) (Entered: May 25, 2007)
May 25, 2007 14 APPLICATION by Defendant PC Tools Pty Ltd AND ORDER admitting Conor F Farley for PC Tools Pty Ltd pro hac vice. Receipt # SEA 9644. (RS, ) (Entered: May 25, 2007)
May 29, 2007 15 This Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge. The Court RE-NOTES FOR 6/1/07 6 Pltf's Motion for Temporary Restraining Order. Dft's response ddl 5/31/07 at 4:00pm., pltf's reply ddl 6/1/07 at 1:00pm.(CL, ) (Entered: May 29, 2007)
May 30, 2007 16 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Zango Inc. Kelly P Corr is substituted as counsel for Plaintiff. Attorney Kelly P Corr and Steven W Fogg terminated. (Corr, Kelly) (Entered: May 30, 2007)
May 31, 2007 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Defendant PC Tools Pty Ltd. (Attachments: # 1 Proposed Order)Noting Date 6/22/2007.(Norton, Maren) (Entered: May 31, 2007)
May 31, 2007 18 DECLARATION of Neill Whitehead re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Norton, Maren) Modified on 6/1/2007 (ECS, ). (Entered: May 31, 2007)
May 31, 2007 19 RESPONSE, by Defendant PC Tools Pty Ltd, to 6 MOTION for Temporary Restraining Order. (Norton, Maren) (Entered: May 31, 2007)
May 31, 2007 20 DECLARATION of Benjamin G. Edelman in Support of Defendant's Opposition to 6 MOTION for Temporary Restraining Order (Norton, Maren) Modified on 6/1/2007 (ECS, ). (Entered: May 31, 2007)
May 31, 2007 21 DECLARATION of Tarek F. Saad in Support of Defendant's Opposition to 6 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Norton, Maren) Modified on 6/1/2007 (ECS, ). (Entered: May 31, 2007)
May 31, 2007 22 DECLARATION of John Sarapuk in Support of Defendant's Opposition to 6 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Norton, Maren) Modified on 6/1/2007 (ECS, ). (Entered: May 31, 2007)
June 1, 2007 23 DECLARATION of Kevin Osborn filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Tilden, Jeffrey) (Entered: June 1, 2007)
June 1, 2007 24 REPLY, filed by Plaintiff Zango Inc, TO RESPONSE to 6 MOTION for Temporary Restraining Order (Rosenberger, Michael) (Entered: June 1, 2007)
June 1, 2007 25 Second DECLARATION of Gregg Berretta filed by Plaintiff Zango Inc re 6 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Rosenberger, Michael) (Entered: June 1, 2007)
June 1, 2007 26 CERTIFICATE OF SERVICE by Plaintiff Zango Inc re 23 Declaration of Kevin Osborn filed June 1, 2007. (Tilden, Jeffrey) (Entered: June 1, 2007)
June 1, 2007 27 PRAECIPE to attach document Exhibits re 25 Declaration by Plaintiff Zango Inc. (Rosenberger, Michael) (Entered: June 1, 2007)
June 5, 2007 28 ORDER by Judge John C Coughenour. The Court DENIES 6 Pltf's Motion for Temporary Restraining Order.(CL, ) (Entered: June 5, 2007)
June 6, 2007 29 VERIFICATION OF STATE COURT RECORDS by Defendant PC Tools Pty Ltd. (Norton, Maren) (Entered: June 6, 2007)
June 18, 2007 30 DECLARATION of Michael Rosenberger filed by Plaintiff Zango Inc re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Attachments: # 1 Exhibit 1-3# 2 Exhibit 4-6)(Rosenberger, Michael) (Entered: June 18, 2007)
June 18, 2007 31 DECLARATION of Tom Allan filed by Plaintiff Zango Inc re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Rosenberger, Michael) (Entered: June 18, 2007)
June 18, 2007 32 DECLARATION of Gregg Berretta filed by Plaintiff Zango Inc re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Rosenberger, Michael) (Entered: June 18, 2007)
June 18, 2007 33 DECLARATION of Derek Immekus filed by Plaintiff Zango Inc re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Rosenberger, Michael) (Entered: June 18, 2007)
June 18, 2007 34 RESPONSE, by Plaintiff Zango Inc, to 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue. (Rosenberger, Michael) (Entered: June 18, 2007)
June 22, 2007 35 REPLY, filed by Defendant PC Tools Pty Ltd, TO RESPONSE to 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Saad, Tarek) (Entered: June 22, 2007)
June 22, 2007 36 Second DECLARATION of Neill Whitehead filed by Defendant PC Tools Pty Ltd re 17 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Saad, Tarek) (Entered: June 22, 2007)
June 26, 2007 37 DEMAND for JURY TRIAL by Plaintiff Zango Inc. (Rosenberger, Michael) (Entered: June 26, 2007)
July 6, 2007 38 This Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge. The parties are not required to file a joint status report with the Court in this case.(CL, ) (Entered: July 6, 2007)
July 18, 2007 39 MINUTE ENTRY setting status conference:

The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 9/18/2007 at 09:00 AM before John C Coughenour. (JM, ) (Entered: July 18, 2007)

July 18, 2007 40 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: July 18, 2007)
July 31, 2007 41 ORDER by Judge John C Coughenour. The Court DENIES 17 Dft's Motion to Dismiss.(CL, ) (Entered: July 31, 2007)
August 14, 2007 42 MOTION to Dismiss by Defendant PC Tools Pty Ltd. (Attachments: # 1 Westlaw# 2 Westlaw# 3 Westlaw# 4 Proposed Order Granting Defendant's Motion to Dismiss)Noting Date 9/7/2007.(Norton, Maren) (Entered: August 14, 2007)
August 14, 2007 43 EXHIBIT 1 re 42 MOTION to Dismiss by Defendant PC Tools Pty Ltd. (Norton, Maren) Modified on 8/15/2007 (ECS, ). (Entered: August 14, 2007)
August 15, 2007   HEARING CONTINUED: Status Conference set for 9/18/2007 is continued to 10/2/2007 at 09:00 AM before John C Coughenour. (JM, ) (Entered: August 15, 2007)
August 27, 2007 44 NOTICE of Voluntary Dismissal of case by Plaintiff Zango Inc (Rosenberger, Michael) (Entered: August 27, 2007)
Docket Report Last Checked: November 29, 2007 15:37:23 PST
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Plaintiff: Zango Inc
Represented By: Jeffrey I Tilden, Michael Rosenberger
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Defendant: PC Tools Pty Ltd
Represented By: Tarek F M Saad, J Ronald Sim, Maren Roxanne Norton, Conor F Farley
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