Dismissal

CAUSE NO. 2005-CI-1.9492 RICHARD M, SCOVILLE, INDIVIDUALLY, AND ON BEHALF OF FREE SPEECH STORE a/kJa FSS, FreeSpeechStore,com, PLAINTIFFS, vs, BRIAN 1. BRUNS, a/kJa ABUSIVE HOSTS BLOCKING LISTS, AHBL.ORG, THE SUMMIT OPEN SOURCE DEVELOPMENT GROUP, SOSDG.ORG, ANDREW D. KIRCH a/kJa D&K CONSULTING,TRELANE.NET

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IN THE DISTRICT COURT

45TH JUDICIAL DISTRICT

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DEFENDANtS.

BEXAR COUNTY, TEXAS

ORDER ON DEFENDANTS' SPECIAL ApPEARANCE

On this day came on to be heard the Special Appearance filed by Defendants Andrew D, Kirch, Abusive Hosts Blocking Lists, AHBLorg, The Summit Open Source Development Group, SOSDG,org, D&K Consulting and trelane,net (the "Defendants") ,

The Court, having considered the Defendants' Special Appearance, any response

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Plamtlffs' Ongmal PelltlOn, the AffidavIts presented, ,the argument of counsel and Mr.

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Scoville finds that the Defendants' Special Appearance is well taken, should be, and

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hereby is SUSTAINED,

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OHDf,R (\, DeFENDANTS' SPECfAL APPEARA!':CE

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IT

IS

THEREFORE

ORDERED

that

Defendants'

Special

Appearance

is

SUSTAINED, that Plaintiffs' suit is dismissed with prejudice for refiling in Texas, and that Plaintiffs' take nothing by this lawsuit

SIGNED on January

_ 5?_, _

2006,

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JUDGE

BEXAR COUNTY, TEXAS

APPROVED As To FORM AND SUBSTANCE:

MARY CLAIRE FISCHER ATTORNEY AT J"AW

9311 San Pedro Avenue Suite 700 San Antonio, Texas 78216 (210) 541-3905 (210) 541-3906 (Facsimile)

ATTORNEY FOR DEFENDANTS, AllUSIVE HOSTS BLOCKING LISTS,

AlfBL.ORG, THE SUMMIT OI'EN RESOURCE DEVELOPMENT GROUI',

SOSDG.ORG, A,'iDREW D. KIRCH AJKfA D&K CONSULTING, AN!) TRELANE.NET

ORDER O�; DEfENOA"HS' SPEGAL APPEARANCE PAGE] OF 3