worked at Melaleuca. Some of the Melaleuca marketing executives he contacted wereusers of the iglide.net e-mail service.Melaleuca has brought four causes of action against Hansen, including violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003(“CAN-SPAM” Act), 15 U.S.C. § 7701,
, violation of the Idaho ConsumerProtection Act (“ICPA”), misappropriation of trade secrets and tortious interference withcontract.
DISCUSSION1. Standard of Review
A motion to dismiss under Rule 12(b)(6) will be granted when the complaint failsto state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6).
Generally, theCourt may not consider any material beyond the pleadings in ruling on a motion to dismissunder Fed. R. Civ. P. 12(b)(6).
Branch v. Tunnel
, 14 F.3d 449, 453 (9th Cir. 1993).Furthermore, if a Rule 12(b)(6) motion raises “matters outside the pleading” and thesematters are “presented to and not excluded by the court, the motion shall be treated as onefor summary judgment and disposed of as provided in Rule 56.”
at 453. Whenreviewing a motion for summary judgment, the proper inquiry is whether “the pleadings,depositions, answers to interrogatories, and admissions on file, together with the affidavits,show that there is no genuine issue as to any material fact and that the moving party isentitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). “[T]he mere existence of
REPORT & RECOMMENDATION - 3
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