The Marshall County Coal Company et al v. Oliver et al

Filing 21

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Robert E. Murray, Murray Energy Corporation, The Harrison County Coal Company, The Marion County Coal Company, The Marshall County Coal Company, The Monongalia County Coal Company, The Ohio County Coal Company. (Attachments: # 1 Memorandum of Law in Support, # 2 Affidavit - Heather Santini, # 3 Affidavit - John Klayko, # 4 Affidavit - Robert E. Murray)(kac) (Motion was filed in Marshall County Circuit Court on 6/28/2017) (Judge Bailey's Chambers Notified)

Case 5:17-cv-00099-JPB Document 21-3 Filed 06/30/17 Page 1 of 3 PageID #: 905

iN THE CiRCUIT COURT OF MARSHALL COUNTY, WEST VIRGINIA
THE MARSHALL COUNTY COAL COMPANY, el at.
Plaintiffs,
Civil Action No.:
Judge:

JOHN OLIVER, el at.

17-C-124

Cramer

Defendants.
AFFIDAVIT OF JOHN ICLAYKO
I, John Klayko, being duly sworn, state as follows:
1.

larnovertheageof2l.

2.

1 am the Manager of Information Technology at the Murray Energy Corporation

(“Murray Energy”) and have worked for Murray Energy since 2001. As part of my job, I am
responsible for monitoring, managing, and overseeing the pubic facing technology of Murray
More specifically, I oversee Murray Energy’s phone systems, email systems, and

Energy.
website.
3.

1 am authorized to submit this Affidavit on behalf of Murray Energy. The facts

attested to in this Affidavit are true and correct to the best of my knowledge, information, and
belief

I make this Affidavit based on personal knowledge, information provided to me in

company documents, and communications with company personnel in the ordinary course of my
duties. I offer this Affidavit in support of Murray Energy’s Motion for a Preliminary Injunction.
4.

Since the June 18. 2017 airing of Defendants’ episode of Last Week Tonight with

John Oliver (the “Broadcast”), Murray Energy has been inundated with harassjng and malicious
telephone calls, email messages, and website messages.

Case 5:17-cv-00099-JPB Document 21-3 Filed 06/30/17 Page 2 of 3 PageID #: 906

5.

For example, Murray Energy’s website received over 33,000 submissions in a

matter of minutes that read “Eat Shit Bob,” a reference to a portion of the Broadcast.
Consequently, the website had to be taken offline for a substantial period of time.
6.

Similarly, Murray Energy employees have received harassing email messages.

For example, one Murray Energy executive received multiple email messages that said “Eat
SH)T Bob!” Other Murray Energy employees received messages saying “Eat Shit Bob” and
“You fucking slime ball!”
7.

The following emails are examples of the harassing e-mails that Murray Energy

and its employees have received since the Broadcast:
From: kmartl 131 <[e-mail]>
Date: June 22, 2017 at 6:36:21 PM EDT
To: sales(coa1source.com
Subject: EAT SHIT BOB!!!

From: Chris MeNair <mcnair,c1irisagn,aiLcom
Date: Jrn 22,2017 at 9:l&57 PM EDT

To: [e-mail]
Subject: RE: Coal Ncw Mag
Eat SH)T Bob!

From: Mike Waite <wernw(ico.conp

From: Chris Ryan <Chris1Chris-ftyan.com>
Date: June 22, 2017 at 7:44:55 PM EDT
To mediaticoa1source.com
Subject: Eat shit baN

Date: June 22,2017 at 5:12:05 PM EDT

To: “salesoalsoiirce.corn’
Subject: EAT SUIT BOB!
Reply-To: Mike Waite <weitemwyahoo.com’
You fuciclng slime ball!

From: Christopher Campbell mpbcl1chrisinc.coin>
Bale: June 22, 2017 at 7:47:24 PM EDT
To: niediaØcos1source.coni
Subjict: Fat Milt, Rob. You fat cant.

From: Bruno Seabra <brunoseabrafigmaiLcorn>
Date: June 19, 2011 at 10:59:0 I PM EDT
To: [e-mail]
Subject: EAT SUIT BOB!

8.

in addition, as a result of the volume and nature of the harassing telephone calls

that Murray Energy has received since the Broadcast, Murray Energy’s entire telephone system
had to be taken offline on June 23, 2017 to upgrade security.

2

Case 5:17-cv-00099-JPB Document 21-3 Filed 06/30/17 Page 3 of 3 PageID #: 907

9.

Murray Energy employees have been hindered in theirjob performance due to the

substantial time they have been forced to devote to managing this harassment, including, being
unable to fully and timely responding to customer inquiries and needs. Technology personnel
have also been diverted from attending their normal job functions to concentrate on the issues
caused by this harassment.
10.

Given the relentless attacks that Defendants have encouraged, including on our

website, telephones, and emails systems, and the attendant diversion of IT personnel to respond
to these attacks, we are gravely concerned that individuals might attempt to infiltrate or harm our

(

electronic network of safety systems, which would pose a risk to human life. Murray Energy
hosts sensitive computer networks responsible for monitoring all critical safety aspects relating
to the underground mine conditions. These systems monitor, among other things, the quality and
composition of breathable air, seismic events, and all other critical aspects that ensure the
complete safety of all underground personnel.

AFFIANT FURTHER SAYETH NAUGHT.

&.

O[IN KLAYlO
SWORN TO AND subscribed before me this

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