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SEE ALSO TAMBURO v. ANDREWS
Our Client: Defendants (all but one)
Summary: We represent all but one
of the Defendants in a lawsuit brought by John Tamburo for alleged
defamation and an assortment of additional claims. After using a
robot program to copy the online databases from some of the Defendants,
Tamburo (through his corporation Versity Corporation) extracted
the raw data (dog pedigree information) and incorporated the information
into his own commercial pedigree database. Outraged, some of the
Defendants complained of Tamburo's actions online and stated that
their data had been stolen. Tamburo responded by filing litigation
against them.
On behalf of the Defendants, we filed a Motion to
Dismiss which the Court ultimately granted on the basis that Tamburo
did not represent the true party in interest. After obtaining legal counsel, Tamburo, along with
Versity Corporation, his dissolved corporation, filed a Fifth Amended
Complaint. We again filed a Motion to Dismiss on a variety
of grounds including, but not limited to, lack of personal jurisdiction
and immunity provided to one of the Defendants under § 230.
In response to the Motion to Dismiss the Fifth Amended Complaint, Versity Corporation and John Tamburo filed a Sixth Amended Complaint. Our firm again filed a Motion to Dismiss
on a variety
of grounds including, but not limited to, lack of personal jurisdiction
and immunity provided to one of the Defendants under § 230.
The Court granted our Motion to Dismiss the Sixth Amended Complaint concluding the Court lacked personal jurisdiction over the defendants. The Plaintiffs then filed a Motion to Vacate and Transfer seeking to vacate the dismissal and transfer the action to the Western District of Michigan. The Court denied this motion.
The Plaintiffs appealled the District Court's ruling dismissing the case for lack of personal jurisdiction. Regrettably, the Seventh Circuit Court of Appeals reversed except as to Defendant Wild Systems, Ltd.
The District Court also dismissed some but not all of the Plaintiffs' claims.
This case is now in the discovery phase.
Update: Sixth Amended Complaint Dismissed for Lack of Personal Jurisdiction AND Court Denies Plaintiff's Motion to Vacate and Transfer
Ruling Dismissing the Sixth Amended Complaint
Memorandum Opinion Dismissing the Sixth Amended Complaint
Termination of Case
Termination of Matters Before Magistrate Judge Nolan
Pleadings
Third Amended Complaint
Exs.
1-10 (6.70MB)
Exs. 11-24
(3.33 MB)
Exs. 25-37
(4.32 MB)
Fifth
Amended Complaint
Sixth Amended Complaint
Motion to Dismiss Third Amended Complaint, Defendants'
(GRANTED)
Defendants'
Joint Motion to Dismiss
Defendants'
Memorandum in Support of Their Motion to Dismiss
Plaintiff's Response to Defendants' Motion to Dismiss
Exhibits to Plaintiff's Response 40-46
Exhibits to Plaintiff's Response 47-48
Defendants' Reply to Plaintiff's Response
Exhibit A, Whois Record for breedmate.com
Exhibit
B, Declaration of Charles Lee Mudd Jr.
Exhibit
C, Affidavit of Kristen Henry
Omitted Cited Authority
Motion to Dismiss Fifth Amended Complaint, Defendants
Defendants'
Joint Motion to Dismiss
Defendants
Memorandum in Support of Their Motion to Dismiss
Exhibit
A - Declaration of Steven Dworkin
Exhibit
B - Affidavit of Ronald De Jong
Exhibit
C - Order
Exhibit
D - Carson
Omitted Cited Authority
Orders
Order Dismissing
the Third Amended Complaint
Order Dismissing the Sixth Amended Complaint
Memorandum Dismissing the Sixth Amended Complaint
Order Denying Motion to Vacate and Transfer
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