Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 243

Google Inc. v. American Blind & Wallpaper Factory, Inc.

Doc. 243 Att. 21

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EXHIBIT T

Dockets.Justia.com

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Rec6p5NuniD ~ 0 ei t "'~ d5'Case: 2:06-c:v-13516 Assigned To: Cohn, Avern Referral Judge: Pepe, Steven 0 Filed" 08".10~2006 At 10:27 AM cmp .AMERICAN BLIND AND WALLPAPER FA nORY, lNC v. KATZMAN (TAM)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
AMERICAN BLIND AND W ALLP APER FACTORY, INC.,

Plaintiff,
v.

STEVE KATZMAN,

JURY TRIAL DEMANED
Defendant.

SCOTT A. MACGRIFF (P55864) DICKINSON WRIGHT PLLC Attorneys for Plaintiff
500 WOQdwardAvenue, Suite 4000

Detroit, Ml48226 [phone] Emai1: smacgrff~d1ckinsonwright.com

COMPLAINT

Plaintiff, American Blind and Wallpaper Factory, Inc. ("American Blind"), by and
through its undersigned counsel, as and for its complaint against Steve Katzman ("Katzman"),

states as follows:

INTRODUCTION
1. This action arises from Katiniaii's improper and intentional taking, destmction,

disclosure, and use of American Blind's personal property and proprietary infonnatioii following

his resignation as American Blind's CEO. By and tlrougl these actions, Katzman willfully

breached his Employment Agreement with American Blind and violated various statutes
designed to prevent conduct such as his. Accordingly, American Blind seeks money damages
and a preliminary injunction to còmpensate it .md enjoin Katzman from using Americáll Blind's

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proprietary infomiation in the formation of his new company, Nationwide Blinds & Wallpaper
Factory, Inc.

THE PARTIES

2. Amercan Blind is a Delaware corporation with its principal place of business at
909 North Sheldon Road, Plymouth, Michigan.
3. Amercan Blind is the largest direct to customer retailer of

window treatments and

wall coverings in the UlÙted States and on the Tiikmet- American Blind, through its predecessor
companies, has been in the home decorating business for over a half century.
4. On infOffiation and belief, Steve Katzman is a Michigan citir.en and resident who

resides at 6531 Pembridge Hil, West Bloomfield, Michigan.

JURISDICTION AND VENUE
5. Jurisdiction is proper in this Comi pursuant to 28 U.S.c. § 1331 heeause this

action raises questions under federal law. This Court has supplemental jurisdiction over
American Blind's state law claims pursuant to 28 U.S.C. § 1367(a).
6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because Katzman is

a resident of this judicial district and because the acts and omissions giving underlying this
action occurred substantially in this judicial district.

FACTS COMMON TO ALL COUNTS
7. In 1998, Katzman became American Blind's Chief

Executive Offcer.

8. On June 5, 2000, American Blind and Katzman entered into an Amended and

Restated Employment Agreement, under which Katzman was to serve as CEO for ill additional
three years (the "Employment Agreement"). (A copy of the Employment Agreement is annexed

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as Exhibit A to the Affidavit of Joel Levine, datcd August 9, 2006 and l1ed in support of
American Blind's Motion for a Temporary Restraining Order and Preliminary Injunction.)
9. Paragraph 11 (a) of the Employment Agreement contains a provision forbidding

Katzman to use American Blind proprietary information for his own personal benefit or for the
benefit of anyone other than American Blind without American Blind's consent following

tennination of Katzman's employment at American Blind, and forbidding him to do so while
eniployed at American Blind absent his good-faith belief that doing

so is necessary or desirable

to fulfill his duties as CEO.
10. Paragraph li(b) of the Employment Agreement contains a provision forbidding

Katzman to retain any confidential American Blind records upon "his termination from American

Blind, and requiring him to promptly retum to Amercan Blind siich records upon his
temiiiiation.
ii. On September 18, 2003, Americ,il Blind and Katzman renewed the Employment

Agreement and extended thetenn of

his tenure as CEO through Deccmber 31, 2005.

12. Beginnng on January 1, 2006, pursuant to agreemcnt with American Blind,
Katzman continued to serve as American Blinds CEO on a month-to-month basis, receiving the
same salary and benefits as set forth in the Employment Agreement.
13. On February 14, 2006, Katzman executed an Employee Hardware Loan

Agreement with AmerÌcan Blind, which obligated Katzman to return) upon his deparure from

American Blind) the company laptop computer and related accessories that American Blind
fumished for him, among other things (the "Hardware Agreement").
14. At approximately 4:30p.m. on May 18) 2(06) Katzman and

American Blind's

CFO Gerald Curran participated in a telephone conference from Katzman's offce at American

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Blínd. At this time, various property of American Blind, including files, documents, records,
electronic data, computer fies, and other proprietary infbnnation was located in Katzman's

onice and on the two desktopcOtnputers also located in his offce (the "Company Property").

15. Later that evening on May 18, 2006, Katzman voluntarily resigned from
American Blind.
16. At approximately 8:00 a,m. on the morning of May 19,2006, Joel Levine, who

was chosen to replace Katzman as CEO, cntcrcd Katzman's former office at American Blind and
discovered that the Company Property that was present only the day before was missing from

Kalzman's offce.
17. On or about May 19, 2006, Greg Rupprccht, American Blind's Vice President or

Technical Operations, inspected the two desktop computers that were in Katzman's ollcc at
American Blind and discovered that all electronic fies (emails and documcnts) had been erased
from those computers.

18. On information and belief, Katzman erased thc contents of the American Blind

desktop computers in order to conceal his wrongful conduct, including, hut not neccssarily
limited to, retaining American Blind proprietary information following his deparure from

American Blind; using American Blìnd proprietary informatÍon to star a competing business;
uiid destroying Amercan Blind files, data, and other proprietary in formation.

19. On May 19, 2006, American Blind demanded that Katzman return the Company
Property by 5:00 p.m. on May 22, 2006.

. 20. On or about May i 9, 2006, Katzman's access to the American Blind's Virtual
Private Computer Network ("VPN") was discontinued.

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21. On May 19, 2006, American Blind leamed that Katzman had been
communicating with cerain vendors and creditors of American Blind, including, but not limited
to, First Data, Woodland Blinds, and Prestige Manufacturing, following Kat:t.man'g resignation.

On infonnation and belief, American BEnd believes that Katzman falsely indicated or implied
that Ameiican Blind was in financial distress.

22. On May 19, 2006, American Blind was also advised that following Katzman's
communication with First Data, an entity who processed American Blind's credit card, that First
~

Data had put a "hold" on $750,000 of American Blind's credit, leaving American Blind with a

cash shortfall and forcing it to secure a loan in that amount at an unfavorable interest rate.

23. On June 5, 2006, Katzman infonned counsel for American Blind that he was
going to retur a disk to American Blìnd containing 4,368 company-related e-mails. Kat1.man

also infom1ed American Blind's counsel that he was forwarding to his personal attorney a copy

of the disk for safekeeping, "in the event a dispute arises where (sic J the integrity of the
information becomes important."
24. Katzman further stated

in his June 5, 2006 correspondence that he was in the

process of reviewing over 15,000 electronic files and documents he had tahm from American

Blind so that he could remove any "personal" items before sending them to American Blind.

25. Katzman also stated in his June 5, 2006 correspondence that as soon as he
complcted his review of the files and documents, he would rorward to American Blind a disk
containing all corporate records that he had archived.

26. On or about June 12, 2006, lIma Kline, American Blind's Vice President of
Human Resources, resigned from American Blind.

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27. On June 12, 2006, American Blind received a disk from Katzman, which
purportedly contained all ofthe company-related emails.
28. Byemaíl dated June 12,2006, Katzman advised cotusel for American Blind that
he was stíl working to asscmble the electron1c mes and documents dtJ1ianded by American

Blind, and that he intended to send the remaining fies in his possession that week. Katzman
acknowledged in this emaÍl that he was requircdi pursuant to paragraph 11 (b) of the Employment

Agreement, to return to American Blind all documents and records in his possession containing
proprietary infonnation.

29. Katzan also stated in his June 12, 2006 email that he would maintain the
integrity ofthe American Blind proprietary infonnation in his possession, and that he intended to
comply with the nondisclosure requirements set forth in paragraph l1(a) or the Employment

Agreement.
30. By email on June 14,2006, Katzman advised counsel for American Blind that he

was retuming all company emails and documents that were archived on his home computer.
Katzman furter stated that he had already provided a copy of aU such fies to his attomey fbr

safekeeping, ''In the event a dispute arises where thc integrity of the information becomes
important." Katzman also stated that he would not personally retain a copy of thcse files, and
that neither he nor anyone acting on his behal l

would access infomiation contained in those mes

for any purpose forbidden by the Employment Agreement.

31. On June 21, 2006, counsel for American Blind received a disk from Katzman
purportedly containing American Blind's electronic files and documents.
32. Also on June 21, 2006, counsel for American Blind demanded that Katzman

return the American Blind company laptop computer and related accessories, which Katzman

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was required to return under the

HardwarcAgrccmcnt. Amcrican Blinds counsel demanded the

retuTT of

the computer by 5:00 p.m. on June 22,2006,
33. Thereafter, Katzman reluIled his laptop computer to Anierican Blind.

34. Following its return, Greg Ruppert inspected the returned laptop and discovered
that the entire contents of the laptop including all electronic data, documents, and files - had

been erased from it.
35. On information and belief, Katzman erased the contents of the American mind
laptop computer in order to conceal his wrongful conduct, includiiig, but not necessarily limited

to, retaining American Blind proprietary information tòllowing his deparure from American
Blind; using American Blind proprietary information to star a competing business; and

destroying American Blind fies, data, and other proprietary

information.

36. On July 17, 2006, Katzman sent an cmail mcssage to the American Blind emml

address of Imia Kline attaching a spreadsheet containing detailed information about American
Blinds' competitors, which spreadsheet had been developed by and belonged to American Blind

(the "Competitive Matrix"), and requesting that KEne add additional information to the
Compl:itive Matrix.
37. On information and belief, both prior to and after his July 17 email addressed to

Kline, Katzman was using the Competitve Matrix to aid in his development of a new business,
called Nationwide BEnds & Wallpaper Factory, Inc. ("Nationwide"), which would compete with
American Blind.
38. On July 21, 2006, Katzman sent another email message to Kline's American

Blind email address, attaching a red-lined version of American Blinds employee handbook (the
"Employee Handbook") which contained numerous edits to the handbook.

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Based on the edits made to the Employee Handbook, it is clear that both pri.or and

subsequent to his July 21 emaIl addressed to Kline, Katzman was using the Employee Handbook
to aid in his development of

Nationwide.

40. On July 21, 2006, Katzman again forwarded the Competitive Matrix to Kline;s
American Blind emal1 address.
41. Thereafter, American Blind immediately conducted a thorough search or its

computer systems and discovered that 22 attempts - all unsuccessful - had heen made since

Katzman's resignation to log on to Amercan Blind's Virtual Private Network (VPN) from
Katzman's IP address using Katzman's, Kline's; and Rupprecht's passwords.
42. Upon learing of the repeated attempts made by Katzman to log on to American

Blind's VPN, American Blind personnel spent many hours evaluating American Blind's network

and having each and every American Blind employee go through the process or changing his or
her passwords.

43. On infonnation and belief, Katzman is preseritly utilizing American Blind
confídential and proprietary infomiution and property

in connection with his effoits to star and

operate Nationwide.

FIRST CAUSE OF ACTION VIOLATION OF 18 V.S.C. & l030(a)(4)
44. American Blind realleges and hereby incorporates paragraphs i through 43 of

this

Complaint above, as fully as if set forth here verbatim.

45. The computers Katzman accessed in connection with his efforts to obtain
American Blind confidential and proprietary inrormation, including, hut not necessarily limited

to, computers owned by American Blind, are "protected computers" as defined by 18 U.S.c. §
1030(e)(2) beeause they arc used iii interstate and foreign commerce and communication.

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46. Katzman accessed those computers without authorization from American mind or

in excess of any authorization granted to him by American Blind.

47. Katzman accessed those computers knowingly and with the intent to defraud
Ameriean Blind.
48. As a result of Katzman's unauthorized aecess, or access in excess of

authorization, to those eomputers, Ka.t:iman furthered his intended fraud and obtained valuahle
American Blind confidential and

proprietary Înfomiatioii, including, but not necessarily limited

to, the Competitive Matrix and the Employee Handbook.

49. American Blind has been damaged as a direct result of Kat7.man's conduct in
excess of $5,000.00, and tIie value of the confidential and proprietary information wrongfully

obtained by Katzman exceeds $5,000.00.

SJiCONDCAUSR OF ACTION VIOLATION OF 18 V.S.C. § 1030(a)(5)
50. American Blind realleges and hereby incorporates paragraphs 1 through 49 of

this

Complaint above, as fully as if set forth here verbatim.

51. The computers Katzman accessed in connectìon with his efforts to obtain
American Blind conlldential and proprietary information, including, but not necessarily limited

to, computers owned by American Blind, are "protected computers" as deflned hy i 8 U.S.C. §
1030(e)(2) because they are used in interstate and foreign commerce and communication.

52. On Infomiation and belief: Katzman knowingly used a program to erase the entire
contents of

those computers.

53. On Infomiation and beliet: Katzman knowingly caused the transmission of a
program, infonn ati

on, code, or coniniand to those computers which caused damage to those

computers in an amount exceeding $5,000.00.

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THIRD CAUSE OF ACTION VIOLATION OF 18 U.S.c. § 2701
54. American Blind realleges and hereby incorporates paragraphs 1 though 53 of this

Complaint above, as fully as if set fort here verbatim.

55. Each of American Blind's computer is a "làci1ity through which an electronic
communication service is provided", pursuant to 18 U.S.c. § 2701 (a)(I).

56. On infonnation and belief, Katzman repeatedly knowingly and intentionally
accessed the American Blind computer's without authorizatíoii.

57. On infomiation and belief, Katzman repeatedly knowingly and intentionally
accessed the American Blind Network in excess olhis authorization.

58. Through his unauthorized access, and through his access H1 excess of
authorization, Katzman obtained maltered electronic communications while they wcre in
electronic storage in the American Blind Network.

59. American Blind has beei, damaged as a direct result of Katzman's conduct.

FOURTH CAUSE OF ACTION VIOLATION OF M.C.L. & 445.1901 ET SEO.

60. American Blind reallcges and hcreby ineorporates paragraphs 1 through 59 olthis
Complaint above, as fully as if set forth here verbatim.
61. The Competitive Matrix and the Employee Handbook are independently

economically valuable to American Blind because they are not readily available through proper

means to anyone other than America.n Blind who could obtain economic value though their
disclosure or use, and because they arc thc subjcct of reasonable efforts by American mind to
maintain their secrecy.

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62. The Competitive Matrix and the Employee Handbook are trade secrets as defined
by M.C.L. § 445.1902(d).
63. Following tennination of his employment at American Blind, Katzman acquired

the Competitive Matrix and the Employee Handbook by improper means.
64. Katzman knew, or had reason to know, that he was not authorized to acquire the

Competitive Matrix or the Employee Hanùbook following termination of his employment at
American Blind.
65. Katzman knew~ or had reason to know~ that he used improper means iii acquiring

the Competitive Matrix and the Employee Handbook following temiination of his employnienl at
American Blind.
66. American Blind has been damaged as a direct result of

Katzmails conduct.

F1FTH CAUSE OF ACTION VIOLATION OF M.C.L. ~ 445.1901 ET SEO.

67. American Blind realleges and hereby incorporates paragraphs 1 through 66 ofthis
Complaint above, as fully as if set forth here verbatim.
68. The Competitive Matrix and the Employee Handbook arc independently,

economically valuable to American Blind because they are not readily available through proper
means to anyone other than American Blind who could ohtain economic value through their

disclosure or usei and because they are the subject of reasonable efforts by American Blind to
maintain their secreey.

69. The Competitive Matrix and the Employee Handbook are trade secrets as defined
by M.C.L. § 445.1902(d).
70. Katzman acquired the Competitive Matrix and tho Employee Handbook by

1I1proper means.

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71. Katzman used and disclosed the contents of the Competitive Matrix and thc
Employee Handbook without Amerícan Blinds consent, to American Blind's detriment, ,md for
Katzman's own commercial advantage.
72. Katzman's use and disclosure of the contents of the Competitive Matrix and the

Employee Handbook occurred with Kat?:Tlan's Ihl1 knowledge that he had acquired the
Competitive Matrix and the Employee Handbook through improper me~U1S.

73, Katzman's use and disclosure of the contents of the Competitive Matrix and the
Employee Handbook occurred with Katzman's full knowledge that he had a duty to keep the
contents of

the Competitive Matrx and the Employee Handbook secret.
74. American Blind has been damaged as a direct result of

Katzman's conduct

SIXTH CAUSE OF ACTION CONVERSION
75. American Blind realleges and hereby incorporates paragraphs 1 through 74 of

this

Complaint above, as fully

as ilset forth here verbatim.

76. The Employment Agreement and the Competiive Matrix arc the personal
property of American Blind.
77. Katzman improperly, without American Blind's consentj and wrongfully acquired

the Employment Agreement and the Competitive Matrix fÌom American Blind and utilized them
follùwing terination of

his employment at American Blind.

78. On infomiation and helief: Kat7.mari improperly, without American Blindjs
consent, and wrongfully acquired additional personal propeity of American Blind and utilized
such property following tem1ination olhi~ employment at American Blind.

79. Katzman wrongfully exerted distinct acts or dominion ovcr the Competitive
Matrix and the Employee Handbook.

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80. On infonnation and belief, Katr.man wrongfully exerted. distinct acts of dominion

over additional personal property of American Blind,

81. American Blind has been. damaged as a direct result of Katz.man' s conduct.

SEVENTH CAUSE OF ACTION TORTIOUS INTERFRRENCE WITH A BUSINESS EXPECTANCY
82.

American Blind realleges and hereby incorporates paragraphs 1 through 81 of this
as ifset forth here verbatim.

Complaint above, as fully

83- American Blind had ongoing business relationships and expectancies with its
customers, vendors, and creditors, including, but not limited to, First Data.

84. Katzman had knowledge or American Blind's businestl relationships and
expectancies with its customers, vendors, and creditors, including, but not limited to, FiTst Data.

85. Katzman intentionally, with rnalìce, without justification, and wrongfully
interfered with American Blind's business relationships and expectancies with its customers,
vendors, and creditors, including, but not limited to, First Data, by, inter alia, falsely implying to
them that Ameriean Blind was in financial distress.
86. As a direct result of Katzman's interference, American Blinds business

relationships and expectancies with its customers, vendors, and creditors, including, but not
limited to, First Data, were breached or tenninuted,
87. American Blind has been damaged as a direct result of Kalzniun

's conduct.

EIGHTH CAUSE OF ACTION BREACH OF PARAGRAPH 1 t (n) OF THE EMPLOYMENT AGREEMENT
88. American BEnd realleges and hereby iiicorporates paragraphs 1 through 87 of

this

Complaint above, as fully as i r set lorth here verbatim.

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89. American Blind and Katzman were competent to enter into the Employment

Agreement.
90. The Employment Agreement consists of proper subj ect matter for a contract.

91. The Employment Agreement provided for legal consideration to both American

I3ind and Katzman.

92. American Blind and Katzman both agreed to supply thc consideration as stated in
the Employment Agreement.

93. American Blind and Katzman were oblígated to perform as stated 10 the
Employment Agreement

94. The Employment Agreement constituted a valid contract betwecn AmerÌcan
B1índ, on the one hand, and Katzman, on the other hand.

95. Katzman breached paragraph ll(a) or the Employment Agreement by lIsíng
American Blind proprietary ínfol1nation for his own benefit and for the benefit of Nationwide

without American Blínd's consent following terminaIÍon of Katzman's employment at American
Blind.

96. Katzman breached paragraph Ii (a) of the Employnient Agreement by US111g
American Blind proprietary infbffiation for his own benefit and for the benefit of Nati,onwidc

while still employed at American Blind.
97. American Blínd has been damaged as a direct result of Katzman's breach of the

Employment Agreement.

NINTH CAUSE OF ACTION BREACH OF PARAGRAPH l1(b) OF THE EMPLOYMENT AGREEl\ENT

98. American Blind realleges and hereby incorporates paragraphs 1 through 97 of this
Complaint above, as fully as if set forth here verbatiin.

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99. American Blind and Kat?:man were competent to enter into the Employment

Agreement.
100. The Employment Agrcement consists ofpToper subject matter for a contract.

101. The Employment Agreement provided for legal consideration to both American

Blind and Katzman.

102. American Blind and Katzman both agreed to supply the consideration as stated in
the Employment Agreement.

103. Amcrican Blind and Katzman were oblìgated to perform as stated In the
Employrnent Agreement.

104. The Employment Agrcement constituted a valid contract between American
Blind, on the one hand, and Katzman, on the othcr hand

LOS. Katzman breached paragraph 1 l(b) of the Employment Agrcement by retaining
confidential American Blind rccords upon teni1ination of

his employment at American Blind.

106. Katzman breached paragraph i i (h) of the Employment Agreement by failing to

promptly return confidential American Blind records upon temiination of his employment at
American Blind.

107. American Blind has been damaged as a direct result of Katzman's breach of the
Employment Agreement.

TENTH CAUSE OIl' ACTION

SEEKING INJUNCTIVE RELIEF

108. American Blind realleges and hereby incorporates paragraphs 1 through 107 of
this Complaint above, as fully as if set forth here verbatim.

109. American Blind has a clear and ascertainable interest in protecting its business
and its goodwil ilmong its vendors, customers; distrihutoTs, and creditors.

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i i o. No remedy at law can properly protect or compensate American Blind for the
damages that will be caused by Katzman's wrongful use or American Blind's confidential and
proprietary infom1ation.

111. If an injunction is not issued, Katzman wilt cause irreparable hai to American
Blind's business.

112. American Blind is likely to prevail at trial on the merits of its claims against
Kah:niun.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff, American Blind, demands judgment as follows:

(A) That on American Blimi's First Cause of Actionj Katzman be adjudged to have
violated) 8 U.S.C. § 1030(a)(4)j and that American Blind recover damages from Katzman in an
amount to be determined at trial;
(B) That on American Blind's Second Cause of Aet10nj Katzman be adjudged to have

violated) 8 U.s.C. § ) 030(a)(5)j and that American Blind recover damages frori1 Katiman ¡nan
amount to be determined at trial;
(C) That on American Blind's Third Cause of Action, Katzman be adjudged to have
violated 18 U.S.c. § 2701, and thatj pursuant to i8 U.S.C. § 2707, American Blind reCover

damages from Katzmanìn an amount to be detennined at trial, and that American Blind recover
from Katzman the amount of its attorneys' fces incurred in bringing this action;
(D) That on American Blind's Fourt Cause of Action, Kattman be adjudged to have

violated M.C.L. § 445.1901, and that American Blind recover damages from Katzman in an
amount to be detennined at tri.al, and that American Blind obtain injunctive relief as set forth
below in paragraph (J);

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(E) That on American Blind's Fifth Cause of Aetion, Katzman be adjudged to have

violated M.C.L. § 445.1 901, and that AmerÎCan Blind rccover damages from Katzman in an
amount to be detennined at trial, and that American Blind obtain injunctive relief as set forth

below in paragraph (J);
(F) That on American Blind;s Sixth Cause of Action, Katzman be adjudged to have

committed conversion; and that American Blinù recover damages from Katzman in an amount to
he determined at trial;

(G) That on American Blli1d's Seventh Cause of Action, Katz:nian be adjudged to
have tortiously interfered with American Blind's business expectancy, and

that American Blind

reeovcr damages from Katzman in an amount to be detennined at trial;
(H) That on American Blind;s Eighth Cause of Action, Katzman he adjudged to have

breached Paragraph 1 l(a) of the Employment Agreement; and that American Blind recover
damages from Katzman in an amount to be detemiIned at trial;
(I) That on Amei1can Blind's Ninth Cause of Action, Katzman be adjudged to have

breached Paragraph 1 l(b) of the Employment Agreement; and that American Blind recover
damages from Katzman in an amount to be determined at trial;
(1) That on American Blind's Tenth

Cause of Action, this Court grant injunctive

relief in the form of an order prohibiting Katzman and any persons or entiies acting on behalf of,
or at the requcst of, Katzman, including, but not limited to Nationwide Blínds & Wallpaper

Factory, Inc., from using any of American Blind's conl1dential and proprietary infomiation,
including, but not necessarily limited to, the Competitive Matrix and the Employee Handbook,
for any purpose, and an order requiring Katzman to rettU11 all of American Bllnds proprietary,

confidential and personal property immediately, including but not limited to an external hard

-17-

Case 5:03-cv-05340-JF

Document 243-22

Filed 12/26/2006

Page 19 of 21

Document 1 Filed 08/10/2006 Page 18 of 20

drive and all informatìon thereon; and

(K) That this Court grant such other, further, and di rferent relief to American Blind,
including costs and reasonable attorney fees, that this Court deems just and proper.

BY:

GRIFF P55864) SCOTT A. MAC Attorneys tòr Plaintiff 500 Woodward Avenue
Suite 4000

~((

Detroit, MI 48226 [phone]
Email: smacgrifffÉdickinsonwright.com

Date: August t ~ 2006

DDTROIT 243Jb-8 95ililS6111

-18-

Case 5:03-cv-05340-JF

Document 243-22
Document 1

Filed 12/26/2006
Filed 08/10/2006

Page 20 of 21
Page 19 of 20

CIVIL COVER SHEET
S 44 civil cover .heet and the infonnalion (:lllained hciiin neitheneplace niiuupplemeni ii filin.g IId service of.¡ileadings or other papers as required by hlW, except us priivided y lociil'lçs of court. this form approved by the Judieiiil Confcrnm;e of the United Slalls in Sepl.mlx 1974, is required for the use oflhe Clerk of COUll for ihe putpse ofmitiating
In" civil do-ket sh~el, I.SEE INSTRUCTONS ON TIE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS
STEVE KATZMAN

AMERICAN BLIND AND W ALLPAPERFACTORY, INC.
(b) County of Residence of Fint Lislc:" Plantiff WAYN
(EXCEPT IN U.S. PLAINIFf C,l~ ( 0.3

CDunty of Rc:sideni; of Firs i.is~d Defendat OAKD
(IN U.S. PI...INTIFf CASES ONLY)
NOTE; IN LAND CONDEMNA TlON CASE!;, I,SE THE 1.0(:/\ TION OF THE

LA INVOLVED.
(c) Attorney's (Finn Nat, AddtcSl,;ud r~l~pho"" Numbe)

AlIamey! (If Kn)

Scali A. MscGritf(PSS864)
SOO Woodwar Avcnue, Sui

ie 40
ILL. CITIZENSHIP OF PlUCIP AL P ARTIES(Plaoo an "X" in 011 £lox for PlAint; IT (For Divem~. ~_..- "-,.., nn~ On. fkx for Defcn~i
Ciii:iin ofThi. Si

II. BASIS OF JUS~DC (PI~it"X"inOoBoxOnIY)
Ü 1 U.S.Oovlll' )(3 F QiOD
pl.,niitY (U.s. OoverDnl Not 0 P;i)

Case: 2:06-cv-13576 Assigned To: Cohn, Avern

i: 2 U.S. Govccni i: 4 Divciiy Dfflndani (InOi_ Cllizmlip orl'lI. ¡n Ite Il)
iv. NATURE OF SUIT
T

Citizen of i\itl
Ciiizeii or Subj"' Forei Co h

Referral Judge: Pepe, Steven D Filed: 08-10-2006 At 10:27 AM cmp AMERICAN BLIND AND WALLPAPER FA
CraRY, INC V. KATZMAN (TAM)
'lH

o I l 0 Inmwuc LJ 120 Miiiie
o 110 MiU", Acl o 140 N~¡oti"¡l~ In$ll'iionl i: I~O R,,ovcr ofOvel1~ym.nl

PER.;QI'AL INJURY LI 3 I 0 AiipJln~
LJ 31 ~ Airliie Prii

0
LJ
CJ

l.iabilil) 320 A..ui~ Libel 8i

i: i:

r¡;RSONAL INJURY
362 Pe",1I i,'jii-

Mcd. MiJpioo
36~ P..""nollnjui .

LI b 10 Agricultue LI 620 Olr foo öz Dt LI 62. Dng Relite Sei,"

i: 422 Appc28 use 158
CJ 423 Witlilw.i 28 use 1S7

LI 4Q SIo~ Rc.ppot'on"ii

o 4 I 0 Artitrl i: 430 B.nk. ild 8anng

of Prpcny 2 I use aU
LI 630 Liquor LaW!

i: 450 ç"".o.

&: Eiiförcemont of Judgmenl
iJ 151 Mi:ioil Act

slanr

0

Proot Liability
368 /\.l;;Ió"P.",nil

i: 460 Del"rtlinn o 410 Raketeei !nfl..nced and Cornpt O.giiizntioni

(J ó4 R.R. ii r nl
i: 650 Airline RO¥.

330 F*"I Ewployeril

lIluiy I'çt
Liability

o 152 Rcço.cr of Otfauliii
Srndoot LoOl!
(Exo!. VotorUM)
:: 1s3 kooövery ofOvcrpaymnt 6rv.fà...' a.nofii!

Liabilty J4D Mariu
L.iabÎlry

i: 66 Occuponal

p~RSNAL PROPERTY
i: J70 Oil Froud
i: 371 TRlth in Le~illI i: 380 Oihe Pel1nIl

SafetylHoaih
CI 690 Ot..

i: 480 Conliit Credit i: 490 Cab¡clS~t TV

lJ J4S Mar~ Prodi
LI LI LI
350 Motor v.hicl.

rJ 8 i 0 Sal~ctiw Service
a as/) SecuritiaiiCommodilÎ.:I

LI LI

1 I 0 F~ir Lo, St""dt
Act
720 LaborlMgmt. Reliiofl

ç'c~ilge
875 e",wmcr Ch.lIlliigt
use J410

o 1i; SllJkhoid...' Sui",
o 190 Other C"nitI

355 Motor Vchi.l~ Produci Liobilty

i:

Prpe D~ni¡c
385 Prpert Domn¡e
Prouot Liabilty

o 195 ç"ntra~' produc. Liabiliiy

360 Otbar Felln.1
J~'

i:

730 LaborIgmt.RepoT1iTll

89

!: l '1 frnnchi.~
RI!AL PROPERTY

Ii Oi~io!1I Aot
PRISONER
N

T
441 Voiii

o 21 I) I.,md Condoltiiön
i: 220 Fo,,,lOlur.

510 ModOllo Viilc

ci 442 Empi"i-nl
LI 443 Hou.inil

Seici.e

0

LI 140 Railway Lill. Acr

he St~tulili' Aci¡on~ 1 Agrcultuiii Aot¡ . 892 ""onumie Siabilization Act

i:

790 QlMr Labo Litigation
191 EmpL. R~t. In..
S""ity Act

893 I!nvironmcnlfl M...t'
894 Eneri AlIoc.lion Act
895 Freedom oflnfu.tiòi

~

o 2Ji) R~nl t._1i Ej.......1 i: 240 Tort to l.d

0

44 W.lfo

AocomiodtioM

d

1l.~~iU Cgrpui:

i: 290 All Other Re.1 Prop"it
i i: 245TortProdiitLiubility

I)

44' A~r. wlDliiilties-

tl i:

S30C:~..
535 Death I'iilty
54 Moidaii & Oihor

Aot

(j

900Appial öf F.. DciCnnin.i,M t:ndor ¡¡qua Ac.""
Ul Ju!iico

a
i:

EinplO)onl ci ssG Civil R1ShU 44 Arnr. w/Di..biliitli . i: 5H Pri""n Condilon

i:

Oter
44 Other Civil Rij¡hli

9~0 Con.tiniion~iity "r Stat. Starne..

IGIN

CJ Removed rrom Rem""dcd rroin Reinataied ar anolh~r distrctCJ 7 Judge lrll1 i 0 3 0 4 0 5 Trinsferrcd from ¡j 6 Multíd¡strici Magí5tric
CrBhiY::S :~ì~ St~ñ~~ wti~ Yt. ~.ft!~g ~ÎrJltc jùrlsdlcllml statue. U:lts dl~et5lly):
. i' mmications Act

(Pia"" an "X" in One BoxOnly) Appeiil to Di.ir~l

St i 0 A lIate Co Reo cned Li . Jud c
state law 1m

VI. CAUSE OF ACTION BrierQeriptionofcausc: l.olatiOn ot Computer ADl1se and lirauâ Act, vlo1atJõn of

VII. REQUESTED IN COMPLAINT;
VIL. RELATED CASE(S)

CHECK If THIS IS A CLASS ACTION DEMAND 5 ÇrlECK. yES anl:t .:t\ianded in omplaini:

UNOER F.R.C.P. 23 JURY DEMAN ii Ves No
,...l,..il..Ull.iM _:

IF ANY
DAn:

($o in'"'''tilO''):

,- \O~1. (n
FOR

~~i".Di~~.r~I.M'\PUc. ll " l .r ;r_ . c _

OFFICE USEONLY
AMOUNT APPLYING IFP
JUDGE
MAG, JliDúH

~£l.IHpr ~

Case 5:03-cv-05340-JF

Document 243-22

Filed 12/26/2006

Page 21 of 21

Document 1 Filed 08/10/2006 Page 20 of 20
RSUANT TO LOCAL RULE 83.11
1.

Is this a case that has been previously dismissed?

Yes

If yes, give the following information:

Court:
Case No.:

Judge:

2.

Other than stated above, are there any pending or previously discontinued or dismÎssed companion cases in this or any other court, including state court? (Companion cases are matters in which it appears substantially similar evidence will be offered or the same or related parties are present and the cases arise out of the same transaction or occurrence.)

If yes, give the following information:
Court:
Case No.:

Judge:

Notes :