Dunstan et al v. comScore, Inc.

Filing 321

MOTION by Plaintiffs Jeff Dunstan, Mike Harris for partial summary judgment (Balabanian, Rafey)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals,
Plaintiffs,
v.

Case No. 1:11-cv-5807
Hon. James F. Holderman
Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.
PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiffs Mike Harris and Jeff Dunstan, individually and on behalf of the Class and
Subclass (collectively “Plaintiffs”), pursuant to Rule 56 of the Federal Rules of Civil Procedure,
respectfully move for partial summary judgment on the authorization elements of, and consent
defenses to, their claims brought under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C.
§ 1030; the Stored Communications Act (“SCA”), 18 U.S.C. §§ 2701, et seq.; and the Electronic
Communications Privacy Act (“ECPA”), 18 U.S.C. §§ 2510–22. In support of this Motion,
Plaintiffs are contemporaneously filing a Memorandum of Law, the Declaration of Benjamin
Thomassen, and a Local Rule 56.1 Statement of Undisputed Material Facts, all of which are
incorporated herein.
WHEREFORE, Plaintiffs Mike Harris and Jeff Dunstan respectfully request that this
Court enter an order granting this motion, entering partial summary judgment in favor of
Plaintiffs, the Class, and Subclass on the authorization elements of, and consent defenses to, their
claims brought under the CFAA, SCA, and ECPA, and awarding such other and further relief as
it deems equitable and just.

Dated: February 20, 2014

Respectfully submitted,
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of all others similarly
situated,
By: s/ Rafey S. Balabanian
One of Plaintiffs’ Attorneys
Jay Edelson
[e-mail]
Rafey S. Balabanian
[e-mail]
Benjamin S. Thomassen
[e-mail]
J. Dominick Larry
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, the Class, and the Subclass

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CERTIFICATE OF SERVICE
I, Rafey S. Balabanian, an attorney, hereby certify that on February 20, 2014, I served the
above and foregoing Plaintiffs’ Motion for Partial Summary Judgment by causing true and
accurate copies of such paper to be transmitted to all counsel of record via the Court’s CM/ECF
electronic filing system.
s/ Rafey S. Balabanian

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