Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 1 of 15

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
JOHN D. DARER and 4STRUCTURES.COM, LLC d/b/a Summit Settlement Services, Plaintiffs CIVIL ACTION NO. 302 CV 1751 MRK V. MARY WROBLESKI, Defendant . PLAINTIFFS' PROPOSED FINDINGS OF FACT 1. COUNT I - Copyright Infringement Witnesses John Darer, Viren Patel, Mary Wrobleski, Dr.Benjamin Goldberg (Expert Witness) Exhibits 477, 525, 526, 528, 535, 640 656

Findings of Fact (a) That Wrobleski allowed a competitor of Plaintiffs', Viren Patel, unauthorized access to Plaintiffs' Case Management System. (b) That Wrobleski claimed ownership of Plaintiffs' Case Management System.

John Darer, Mary Wrobleski

605, 607 - 638

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 2 of 15

302 CV 1751 MRK

c) That Wrobleski threatened to market or sell copies of Plaintiffs' Case Management System. d) That Wrobleski never returned Plaintiffs' Case Management System to Plaintiffs. e) That Wrobleski never deleted and/or destroyed all copies of the Case Management System before commencement of the present action. 2.

John Darer, Mary Wrobleski

560 ­ 602, Same as 1(b)

John Darer, Mary Wrobleski

640

John Darer, Mary Wrobleski

Same as 1(d)

COUNT II ­ Breach of Contract Same as 1(a) Same as 1(d) Same as 1(b) Same as 1(c) Same as 1(a) Same as 1(d) Same as 1(b) Same as 1(c)

(a) Same as 1(a) (b) Same as 1(d) (c ) Same as 1(b) (d) Same as 1(c)

2

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 3 of 15

302 CV 1751 MRK

(e) That Wrobleski, without authorization, provided Wang with access to Plaintiffs' Case Management System after Wang was terminated by Plaintiffs. (f) That Wrobleski, intentionally and without authorization, accessed Plaintiffs' computer system (server) and disabled Plaintiffs' website.

John Darer, Mary Wrobleski, Ling Wang, Dr. Benjamin Goldberg (Expert)

640

John Darer, Mary Wrobleski, Ling Wang Michael Brevoort, Dr. Benjamin Goldberg (Expert)

605 ­ 622, 640 664 - 667

(g) That Plaintiffs' have suffered damages as a result of Wrobleski's Breach 3. COUNT III John Darer Dr. Richard Gering (Expert Witness) Breach of Settlement Agreement Same as 1(a) Same as 2(c)

664 - 667

(a) Same as 1(a) (b) Same as 2(c)

Same as 1(a) Same as 2(c)

3

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 4 of 15

302 CV 1751 MRK

(c) Same as 2(d) (d) That Plaintiffs have suffered Damages as a result of Wrobleski's Breach 4. 5.

Same as 2 (d) John Darer Dr. Richard Gering (Expert Witness)

Same as 2(d) 664 - 667

COUNT IV ­ Dismissed by Agreement and Stipulation of the Parties COUNT V Computer Fraud and Abuse John Darer, Mary Wrobleski, Ling Wang Michael Brevoort, Dr. Benjamin Goldberg (Expert) 605 ­ 622, 640 664 - 667

(a) That Wrobleski intentionally and without authorization accessed Plaintiffs' computer system (server) and disabled Plaintiffs' website (b) That the disabling of the website resulted in a loss of at least $5,000. (c ) That Plaintiffs have suffered Damages as a result of Wrobleski's disabling of Plaintiffs' website

John Darer, Breevort Dr. Richard Gering (Expert Witness) John Darer John Darer, Breevort Dr. Richard Gering

Same as 5(a)

Same as 5(a)

4

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 5 of 15

302 CV 1751 MRK

(Expert) 6. COUNT VI Computer Fraud and Abuse John Darer, Mary Wrobleski, Ling Wang Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) Same as 5(a)

(a) That Wrobleski intentionally and without authorization accessed Plaintiffs' computer system (server) and recklessly disabled Plaintiffs' website (b) That the reckless disabling of the website resulted in a loss of at least $5,000. (c) That Plaintiffs have suffered Damages as a result of Wrobleski's disabling of Plaintiffs' website. 7.

John Darer, Michael Brevoort Dr. Richard Gering (Expert Witness) John Darer, Michael Brevooort Dr. Richard Gering (Expert Witness)

Same as 5(a)

Same as 5(c)

COUNT VII Computer Related Offense (Connecticut General Statutes§ 52-570 b) Same as 1 (a) John Darer, Same as 1(a) 32 - 535

(a) Same as 1(a) (b) That Wrobleski knew

5

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 6 of 15

302 CV 1751 MRK

that giving Viren Patel such access was not authorized by Plaintiffs. (c ) That such access displayed to Viren Patel data residing in Plaintiffs' computer system. (d) That such access to Patel disclosed private personal data.

Mary Wrobleski, Ling Wang

John Darer, Viren Patel Mary Wrobleski, Ling Wang

640

John Darer, Viren Patel Mary Wrobleski, Goldberg Ling Wang, Michael Breevort

Same as 7(c)

(e) That Wrobleski intentionally and without authorization accessed Plaintiffs' computer system (server) and recklessly disabled Plaintiffs' website (f) That Plaintiffs' have suffered Damages as a result of

John Darer, Mary Wrobleski, Ling Wang Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

Same as 6(a)

John Darer, Breevort Dr. Richard Gering

Same as 6(c)

Wrobleski's disabling of Plaintiffs' (Expert Witness)

6

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 7 of 15

302 CV 1751 MRK

Website. (g) That Wrobleski's disabling of Plaintiffs' website was willful and malicious. John Darer, Mary Wrobleski, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) 8. COUNT VIII CUTSA Same as 1(a) John Darer, Mary Wrobleski, Viren Patel, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) Same as 1(a) Same as 7(c) Same as 7(f)

(a) Same as 1(a) (b)That such acts disclosed information to Viren Patel.

(c) That such information contained a compilation.

John Darer, Mary Wrobleski, Viren Patel, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

Same as 8(b) 664 - 667

(d) That such information

John Darer, Mary Wrobleski

Same as 8(c)

7

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 8 of 15

302 CV 1751 MRK

contained a program.

Viren Patel, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

(e) That such information contained a process.

John Darer, Mary Wrobleski, Viren Patel, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

Same as 8(d)

(f) That such information contained a customer list.

John Darer, Mary Wrobleski, Viren Patel, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

Same as 8(e)

(g) That Patel could obtain economic value from such disclosure of such information. (h) That such information was not readily known to Virin Patel

John Darer, Mary Wrobleski, Michael Brevoort, Viren Patel Dr. Benjamin Goldberg (Expert Witness) John Darer, Virin Patel Michael Breevort Dr. Benjamin Goldberg

Same as 8(f)

Same as 8(g)

8

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 9 of 15

302 CV 1751 MRK

(Expert) (i) That such information was not readily ascertainable to Virin Patel through proper means (j) That Wrobleski had a duty to maintain the secrecy of such information or limit the use of such information. (k) That Plaintiffs made reasonable efforts under the circumstances to maintain secrecy of such information. (l) That Wrobleski had a copy of the Case Management System at the time she was terminated. John Darer, Virin Patel Michael Breevort Dr. Benjamin Goldberg (Expert) John Darer, Mary Wrobleski, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) John Darer, Mary Wrobleski, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) John Darer, Mary Wrobleski, 100 - 669 Ling Wang, Michael Breevort Dr. Benjamin Goldberg (Expert Witness) (m)That Wrobleski did not return a copy of the Case Management System to Plaintiffs John Darer, Mary Wrobleski, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg Same as 1(d) Same as 8(j) 644, 649, 650 Same as 7(b) Same as 8(h)

9

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 10 of 15

302 CV 1751 MRK

after Plaintiffs terminated Wrobleski and demanded return of such copies. (n) Same as 8(c-f)

(Expert Witness)

Same as 8 (c-f)

Same as 8 (c-f)

(o) That the information contained in the Case Management System is of economic value to persons other than Plaintiffs.

John Darer, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness)

Same as (g)

(p) That the economic value John Darer, Michael Brevoort, to persons other than Plaintiffs, of the information contained in the Case Management System is derived from such information not being generally known and not being readily ascertainable to such other persons. (q) That Plaintiffs made reasonable efforts under the Dr. Benjamin Goldberg (Expert Witness)

Same as 8(g)

John Darer, Michael Brevoort, Dr. Benjamin Goldberg

Same as 8(j)

10

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 11 of 15

302 CV 1751 MRK

circumstances to maintain the secrecy of the information contained in the Case Management System. (r) That Wrobleski's failure to return all copies of the Case Management System after Plaintiffs terminated Wrobleski and demanded return of all copies of the Case Management System was willful and malicious. 9. 10. COUNT IX COUNT X

(Expert Witness)

John Darer, Mary Wrobleski

Same as 1(d)

Dismissed by Agreement and Stipulation of the Parties. CUTPA Same as 8(a) Same as 5(a) John Darer, Mary Wrobleski, Ling Wang, Michael Brevoort, Dr. Benjamin Goldberg (Expert Witness) Same as 8(a) Same as 5(a) 100 - 670

(a) Same as 8(a) (b) Same as 5(a) (c) That Wrobleski had a copy of the Case Management System at the time she was terminated.

11

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 12 of 15

302 CV 1751 MRK

(d) Same as 8 (j) (e) Same as 2(e) (f) That each activity, (a)(b) (c), (d) and/or (e) independently or collectively is an unfair trade practice. (g)That Plaintiffs suffered damages as a result of the unfair Trade practices of Wrobleski 11. 12. COUNT XI

Same as 8 (j) Same as 2(e) John Darer, Mary Wrobleski,

Same as 8 (j) Same as 2(e) Same as 10(a) - (e)

John Darer, Breevort, Dr. Richard Gering (Expert)

Same as 2(g)

Dismissed by Agreement and Stipulation of the Parties. Intentional Misrepresentation John Darer, Mary Wrobleski, Dr. Benjamin Goldberg (Expert Witness) Greg Bush All exhibits, separately and collectively support this claim

COUNTY XII

(a) That Wrobleski made false representations to Plaintiffs as to her academic and professional credentials.

(b) That Plaintiffs relied on such

John Darer, Mary Wrobleski,

Same as 12(a)

12

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 13 of 15

302 CV 1751 MRK

misrepresentations and as a result engaged Wrobleski's services as a software developer. (c ) That Plaintiffs suffered damagess a result of such detrimental reliance. 13. John Darer, Mary Wrobleski, Dr. Benjamin Goldberg Dr. Richard Gering 641 - 667

COUNT XIII Intentional Mispresentation Same as 12 (a) John Darer, Mary Wrobleski, Gregory Bush Same as 12(a) Same as 12(b)

(a) Same as 12 (a) (b) That Plaintiffs relied on such misrepresentations and upon Wrobleski's recommendation engaged Bush to provide software development services to Plaintiffs. (c) That Plaintiffs suffered damages as a result of such detrimental reliance. 14. 15.

John Darer, Dr. Richard Gering (Expert Witness)

Same as 12(c)

COUNT XIV Dismissed by Agreement and Stipulation of the Parties. COUNT XV Intentional Misrepresentation

13

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 14 of 15

302 CV 1751 MRK

(a) That Wrobleski submitted false invoices for work never performed. b) That Plaintiffs paid such invoices for work never performed. c) That Plaintiffs were damaged invoices. 16. 17. 18. 19. 20. 21.

John Darer, Mary Wrobleski, Ling Wang.

60 ­ 667

John Darer

641, 642, 664 - 667

John Darer (Expert Witness)

641, 642, 664 - 667

as a result of such payment of such Richard Gering

COUNT XVI Dismissed by Agreement and Stipulation of the Parties. COUNT XVII Dismissed by Agreement and Stipulation of the Parties. COUNT XVIII Dismissed by Agreement and Stipulation of the Parties. COUNT XIX Dismissed by Agreement and Stipulation of the Parties. COUNT XX Dismissed by Agreement and Stipulation of the Parties.

COUNT XXI Tortious Interference with Advantageous Business Relationship.

14

Case 3:02-cv-01751-MRK

Document 64-4

Filed 12/14/2004

Page 15 of 15

302 CV 1751 MRK

(a) That Plaintiffs had an with Wang. (b) That Wrobleski knew the existence of said advantageous business relationship with Wang. (c ) That Wrobleski intentionally interfered in Plaintiffs' advantageous business relationship with Wang. (d) That such intentional interference by Wrobleski damaged such advantageous business relationship. (e) That Plaintiffs suffered damages as a result of the loss or damage of such advantageous business relationship.

John Darer, Mary Wrobleski,

100 - 667

advantageous business relationship Ling Wang

John Darer, Mary Wrobleski, Ling Wang

100 - 667

John Darer, Mary Wrobleski, Ling Wang

100 - 667

John Darer, Mary Wrobleski, Ling Wang

100 - 667

John Darer, Michael Brevoort, Dr. Richard Gering (Expert Witness)

641, 642, 664 - 667

15