Rescuecom Corporation v. Google, Inc. Doc.

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Case 5:04-cv-01055-NAM-GHL Document 13 Filed 09/19/2005 Page 1 of 1

LAW OFFICE OF
EDMUND J. GEGAN, PLLC
2560 Burnet Avenue
Syracuse, NY 13206

Telephone: (315) 432-8800 E-mail: egegan@geganlaw.com Facsimile: (315) 433-5228

September 19, 2005

Electronically filed:

Hon. Norman A. Mordue

United States District Court Judge
Northern District of New York
United States Courthouse
100 Clinton Street
P.O. Box 7367
Syracuse, NY 13261-7367

Re: Rescuecom Corporation v. Google, Inc.

Case No.: 5:04-CV-1055

Dear Judge Mordue:

On this date, RESCUECOM Corporation's responding memorandum of law in

opposition to Google, Inc.'s motion to dismiss was electronically filed with the Court.
However, also on this date, another decision on identical facts was rendered by the
Federal District Court for the Northern District of Georgia denying a similar motion to
dismiss in another case. A copy of that decision is enclosed, and is also being
electronically filed with the Court. We request that the Court consider this decision as
additional support for RESCUECOM Corporation's opposition to Google's motion to
dismiss.

That other case is in an action commenced by RESCUECOM Corporation against

Computer Troubleshooters, USA, Inc., one of the companies that purchased a Sponsored
Link on defendant Google's Internet Search Engine. Computer Troubleshooters had
refused to remove their Sponsored Link upon their receipt of a "cease and desist" letter
from RESCUECOM Corporation. Computer Troubleshooters brought a motion to
dismiss which conveyed identical arguments to those set forth in defendant Google's
motion to dismiss.

Respectfully,
/s/ Edmund Gegan

Edmund Gegan
Cc: Shawn Patrick Regan, Esq.

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