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MOTION for Expedited Discovery06/01/2007 - 09:30 06/01/2007 - 10:30 US/Central IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS E360INSIGHT, LLC, an Illinois Limited Liability Company, and DAVID LINHARDT, an individual, Plaintiffs, v. MARK JAMES FERGUSON, an individual, SUSAN WILSON A.K.A. SUSAN GUNN, an individual, KELLY CHIEN, an individual, ROB SAECKER A.K.A. FUDO, an individual, RICH TIETJENS A.K.A. MORELY DOTES, an individual, WILLIAM SILVERSTEIN, an individual, and TIM SKIRVIN, an individual Defendants. MOTION FOR EXPEDITED DISCOVERY Plaintiffs, e360lnsight, LLC (e360) and David Linhardt ("Linhardt") (collectively "Plaintiffs"), by and through their attorneys, Synergy Law Group, LLC, for their request for expedited discovery pursuant to Supreme Court Rule 201(d), state as follows: 1. Plaintiffs have been victimized by a computer hacker. The hacker gained access to Plaintiffs' servers and sent out unauthorized e-mails containing pornographic content to customers of Plaintiff's client. Plaintiff also has reason to believe the hacker copied intellectual property owned by Plaintiff including click tracking code, Plaintiff's IP addresses and Plaintiff's email list of consumer email addresses and other personally identifiable information. 2. Based on information and belief, the hacker gained unauthorized access to Plaintiffs' servers. The hacker logged into the Plaintiff's servers approximately fifteen (15) times. While connected to Plaintiff's servers, the hacker accessed Plaintiff's email application server and took approximately 952 separate actions. These actions included modifying email message content by changing the text contained in email messages. The hacker also substituted Plaintiff's client's benign marketing images with pornographic images. Once the pornographic images were added by hacker, the hacker sent email messages containing the pornographic images to approximately 297,000 of the Plaintiff's client's customers. At the time the hacker was connected to Plaintiffs servers, the hacker was connected to the Internet using the following IP addresses and at the following times: a. 216.190.249.109 - [15/Apr/2007:23:24:15 - 0500] 3. Based on information and belief, Electric Lightwave, Inc. has control of the IP addresses identified in ¶ 4 a-o. 4. Based on information and belief, Electric Lightwave, Inc. is able to provide the name and address of any individual who gained access to the internet through the IP addresses identified in ¶ 4 a-o. 5. Plaintiffs believe that the hacker may be one of the individual defendants named in the above-captioned matter. 6. Plaintiffs are in need of expedited discovery because they are unsure as to how long Electric Lightwave, Inc. will retain information regarding the IP addresses identified in ¶4 a-o. WHEREFORE, Plaintiffs request that this Court enter and Order granting Plaintiffs' request for expedited discovery and for any other relief the Court deems just. Respectfully submitted, Bartly J. Loethen IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS E360INSIGHT, LLC, an Illinois Limited Liability Company, and DAVID LINHARDT, an individual, Plaintiffs, v. MARK JAMES FERGUSON, an individual, SUSAN WILSON A.K.A. SUSAN GUNN, an individual, RICH TIETJENS A.K.A. MORELY DOTES, an individual, WILLIAM SILVERSTEIN, an individual, and TIM SKIRVIN A.K.A. SCREWTAPE III, an individual Defendants. ================================================ TO: SEE ATTACHED SERVICE LIST PLEASE TAKE NOTICE that on June 1, 2007 at 9:30 a.m. or as soon thereafter as counsel may be heard,'jthe undersigned will appear before the Honorable Thomas P. Quinn in Courtroom 2202 of the Richard J. Daley Center, Chicago, Illinois, and then and there present Plaintiffs Motion For Expedited Discovery, a copy of which is attached hereto and hereby served upon you. CERTIFICATE OF SERVICE The undersigned, a non-attorney, certifies that she caused a copy of the attached Plaintiff's Motion For Expedited Discovery to be served upon the above named parties, via US Mail from Chicago, Illinois before 5:00 p.m. on May 23, 2007. Bartly J. Loethen Cook County # 38398 SERVICE LIST Mark James Ferguson Susan Wilson Rob Saecker Rich Tietjens William Silverstein Tim Skirvin
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Hacker X strikes again?
Hacker X strikes again?
ELI? No. Incompetent detective work,. IMHO
The IP addresses specified may be assigned to ELI, but their actual use is controlled elsewhere, quite a few States away. I won't detail it here because I see no reason to make Linhardt's lawyers' jobs any easier. Suffice it to say that, if I *had* "hacked" e360's servers, I wouldn't have fooled around with the trivial annoyance that the alleged hacker allegedly did; I'd have forwarde all of his business records to people at the US Department of Justice so that his possible tax evasion, and alleged violations fo the US CAN-SPAM Act, could be properly investigated before he skips the country.
But I don't believe any such hacking took place; I believe that Linhardt fabricated the hacking.
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