Alghanim v. Alghanim et al

Filing 39

DECLARATION of John L. Gardiner [Supplemental] in Opposition re: 18 MOTION to Dismiss Plaintiff's Amended Complaint., 11 MOTION to Dismiss.. Document filed by Bassam Y. Alghanim. (Gardiner, John)

Exhibit A

Exhibit B

Exhibit C

Exhibit C
Bassam’s Amended Particulars of Claim

Mr. McIntyre’s Response

"when choosing the method of transmission of
documents to Omar Alghanim and/or Waleed
Moubarak and/or Kutayba Alghanim via ftp
through www.jackshome.info, the Defendants
appear to have overlooked a flaw in the design
and/or operation of the ftp access that
developed with use of the website so that the
website was unintentionally accessible to be
indexed by the Google search engine. On 4th
September 2009, Waleed Moubarak informed
[Mr. McIntyre, Verify Limited and/or Cerule
Limited] that the ftp site and its content were
visible on Google. Immediately thereafter, [Mr.
Zimmer] was instructed by Steve Hulland
(acting on behalf of [Mr. McIntyre] and
[Cerule Limited]) to remove all the contents
from the ftp site;" (Para. 19(xvi) (emphasis
added).)

"The website www.jackshome.info was
registered and administered by [Mr. Zimmer].
[Mr. McIntyre, Verify Limited and Cerule
Limited] had no involvement in its operation.
[They] simply knew of the website as a
convenient way of conveying [Mr. Zimmer's]
work product to their client. The last 2
sentences of subparagraph xvi are admitted
save that it is denied that Steve Hulland was
acting on behalf of [Mr. McIntyre]." (Para.
16(xvi) (emphasis added).)

"upon discovering that the ftp site at
www.jackshome.info had been indexed by the
Google search engine, the Defendants ceased
their activity on the site (as evidenced by
internet history records recovered from (a) the
laptop used by [Mr. Zimmer] and found at the
premises of [Mr. McIntyre, Verify Limited
and/or Cerule Limited], (b) Bryan Miller's
computer at the same premises, and (c)
information received from [Mr. Zimmer]);"
(Para. 19(xviii).)

"It is admitted that the Defendants ceased to
use the www.jackshome.info site once it had
been discovered that it had been indexed by
Google." (Para. 16(xviii).)

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Bassam’s Amended Particulars of Claim

Mr. McIntyre’s Response

"upon receipt of [Mr. McIntyre's, Verify
Limited's and/or Cerule Limited's] explanation
as to why the ftp site had become accessible on
Google, Omar Alghanim and Waleed
Moubarak contacted [Mr. McIntyre] and
requested a meeting in New York to discuss
the issue in person. This meeting took place at
the Carlyle Hotel in New York on 16th
September 2009 and was attended by Omar
Alghanim, Waleed Moubarak, Steve Hulland
and [Mr. Zimmer] ([Mr. McIntyre] did not
attend but paid for Steve Hulland and [Mr.
Zimmer] to travel to New York and attend in
his place). At that meeting, Omar Alghanim
and Waleed Moubarak (a) rejected the
explanation that www.jackshome.info had
become accessible on Google through spyware
on a receiving machine, (b) requested that
access to [Bassam's] emails be regained, (c)
requested that access be obtained to the private
email accounts of Waleed Alghanim (a person
close to [Bassam]) for which his yahoo, gmail
and msn email addresses were provided to
Steve Hulland and [Mr. Zimmer], and (d)
requested that access be obtained to the entire
email system of a company called Antar
Investments (on the basis that it was suspected
the Claimant had started using an email
address at that company). Specifically, in
relation to (d), [Mr. Zimmer] was instructed to
configure the equipment that would be needed
to infiltrate the company's IT network;" (Para.
19(xx).)

“It is admitted that there was a meeting in New
York on 16th September 2009. Steve Hulland
and [Mr. Zimmer] attended but Mr. Hulland
was not present for significant parts of the
meeting as he was engaged on the telephone.
It is denied that [Mr. McIntyre] paid for Mr.
Hulland and [Mr. Zimmer] to attend; their
expenses were charged to the client by [Cerule
Limited]. As to the specific allegations: (a) not
admitted – Mr. Hulland was present
intermittently when the explanation about the
indexing by Google of the ftp site was
discussed but did not participate in the
technical discussions; (b) it is denied that this
request was made to Mr. Hulland; (c) it is
denied that this request was made to Mr.
Hulland or that he was given any email
addresses; and (d) it is admitted that Mr.
Alghanim requested [Mr. Zimmer] to
undertake regular, routine searches of publicly
available data sources concerning Antar
Investments.” (Para. 16(xx).)

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