Opinion
No. 08-35709.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 8, 2009.
Douglas E. McKinley, Jr., Law Office of Douglas E. McKinley Jr., Richland, WA, Robert J. Siegel, 1. Justice Law, PC, Seattle, WA, for Plaintiff-Appellant.
Stephan A. Barber, Esquire, Daniel McKinnon, Ropers Majeski Kohn Bentley, PC, San Jose, CA, Todd R. Sorensen, Esquire, John Alan Knox, Williams Kastner Gibbs, PLLC, Seattle, WA, for Defendant-Appellee.
Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding. D.C. No. 3:07-cv-05378-RJB.
Before: D.W. NELSON, SILVERMAN and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plaintiff Mark J. Ferguson appeals the district court's grant of partial summary judgment in favor of Defendant Quinstreet, Inc. We have jurisdiction under 28 U.S.C. § 1291. We review the summary judgment decision de novo, Gordon v. Virtumundo, Inc., 575 F.3d 1040 (9th Cir. 2009), and we affirm.
Ferguson lacks standing to pursue his claim under the CAN-SPAM Act, codified at 15 U.S.C. § 7701 et seq. See Gordon, 575 F.3d at 1048-57 (holding that a plaintiff who merely provided e-mail accounts and hosted a website on leased server space did not have standing under CANSPAM). In addition, the district court correctly concluded that Ferguson's state law claims under Wash. Rev. Code § 19.190.010 et seq. and Wash. Rev. Code § 19.86.010 et seq. are preempted by CAN-SPAM. See Gordon, 575 F.3d at 1057-66.
AFFIRMED.