379 lines
12 KiB
Plaintext
379 lines
12 KiB
Plaintext
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UNITED STATES DISTRICT COURT
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FOR THE SOUTHERN DISTRICT OF INDIANA
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CIVIL DIVISION
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Linda Thompson, ) Civil Action No® IP-88 93C
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) -----------
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Petitioner, )
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)
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v. )
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)
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Bob Predaina, )
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d/b/a Professional's Choice )
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Bulletin Board )
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)
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Respondent. )
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COMPLAINT
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Comes now the Petitioner, Linda Thompson, and complains of the
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Respondent, Bob Predaina, doing business as the Professional's Choice
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Bulletin Board, and in support thereof would show the court:
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1. That Petitioner Linda Thompson is a citizen of the United
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States and resident of the State of Indiana, County of Marion.
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2. That this action arises under U.S.C., Title 18, Chapter 119,
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entitled Wire and Electronic Communications Interception of Oral
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Communications, ss 2520; U.S.C., Title 18, Chapter 121 entitled
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Stored Wire and Electronic Communications and Transactional Records
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Access, ss 2707; U.S.C., Title 47, Chapter 5, entitled Wire or Radio
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Communication, ss 605(d)(3)(a) and the laws of the State of Indiana.
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The matter in controversy exceeds, exclusive of interest and costs,
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the sum of ten thousand dollars.
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3. That the respondent, Bob Predaina, at all times material was
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the owner of a Computer Communications System, as defined in U.S.C.,
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Title 18, ss 2510 (14) located in Marion County, Indiana.
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4. That the Respondent, Bob Predaina, at all times material was
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the owner and operator (hereinafter "System Operator") of an
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electronic communication service, as defined in U.S.C., Title 18, ss
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2510 (15) and or remote electronic communication service, as
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applicable, operated from, attached to or part of the Respondent's
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Computer Communications System.
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5. That at all times material the computer service of the
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Respondent was operated under the name of The Professional's Choice
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Bulletin Board (hereinafter by name or "the BBS") in the county of
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Marion, state of Indiana.
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6. That the BBS at all times material provided electronic
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communication, as defined in U.S.C., Title 18, ss 2510 (12), between
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"users" as defined in U.S.C., Title 18, ss 2510 (13).
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7. That at all times material, the BBS provided electronic
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storage, as defined in U.S.C., Title 18, ss 2510 (17) of the
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electronic communications of users.
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8. That at all times material certain electronic storage and
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communication on the BBS was configured so that electronic
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communications designated by the user as "Receiver Only" were private
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electronic communications to a designated recipient and not readily
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accessible to the general public.
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9. That at all times material, all electronic storage and
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communication on the BBS was configured so that electronic
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communications transmitted by a user could be deleted only by the
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sending user, the system operator or the designated recipient of a
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"Receiver Only" communication, and once deleted, said communication
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could not be transmitted, read or readily accessed by anyone,
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including the system operator.
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10. That at all times material, the respondent was a person, as
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defined in U.S.C., Title 47, ss 153 (i) engaged in receiving,
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assisting in receiving, transmitting, or assisting in transmitting
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interstate communication by wire, as defined in U.S.C., Title 47, ss
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153 (a) and (e), by means of the electronic communications service.
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11. That at all times material, the Petitioner was an authorized
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user of the electronic communications service of the Respondent, and
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had paid the sum of $35.00 as a subscription fee for a one year
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service in October, 1987 to the Respondent.
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COUNT I:
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12. The Petitioner incorporates and realleges paragraphs 1
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through 11 above and further alleges that on an undeterminable date in
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January, 1988, without the permission or knowledge of the petitioner,
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that the Respondent, Bob Predaina, through the use of an electronic,
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mechanical, or other device, as defined in U.S.C., Title 18, 2510 (5),
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intentionally or recklessly intercepted, caused to be restored, and
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thereby altered the authorized access to a private electronic
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communication to which there was no intended recipient, which
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communication had been transmitted to and immediately deleted from the
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electronic storage of the BBS by the Petitioner on January 2, 1988,
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and that said actions of the Respondent are contrary to U.S.C., Title
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18, ss 2511 (1)(a); U.S.C., Title 18, ss 2511 (1)(d); U.S.C., Title
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18, ss 2511 (3)(a); U.S.C., Title 18, ss 2701 (a) and U.S.C., Title
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47, ss 605 (a);
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COUNT II:
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13. Petitioner incorporates and realleges paragraphs 1 through
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11 and further alleges that the respondent, through the use of said
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device, caused said restored private electronic communication to be
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converted to a publicly visible electronic communication, readily
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accessible by members of the public, contrary to U.S.C., Title 18, ss
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2511 (1)(c); U.S.C., Title 18, ss 2511 (1)(d); U.S.C., Title 18, ss
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2511 (3)(a); U.S.C., Title 18, 2702 (a) and U.S.C., Title 47, ss 605
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(a);
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COUNT III:
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14. Petitioner incorporates and realleges paragraphs 1 through
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11 and further alleges that on an undeterminable date in December,
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1987 the Respondent through use of an electronic, mechanical, or other
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device, intentionally or recklessly caused to be made public a private
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electronic communication addressed to the Petitioner, Linda Thompson,
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without the permission or the knowledge of the sender or of the
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Petitioner contrary to U.S.C., Title 18, ss 2511 (1)(a); U.S.C.,
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Title 18, ss 2511 (1)(c); U.S.C., Title 18, ss 2511 (3)(a); U.S.C.,
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Title 18, ss 2701 (a) and U.S.C., Title 47, ss 605 (a).
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COUNT IV:
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15. Petitioner incorporates and realleges paragraphs 1 through
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11 and paragraph 13 and further alleges that the Respondent replied in
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a public electronic communication on the BBS to a private electronic
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communication addressed to the Petitioner, Linda Thompson, thereby
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disclosing certain contents of said electronic communication to
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members of the public, without the permission of the sender or the
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recipient, contrary to U.S.C., Title 18, ss 2511 (1)(c); U.S.C.,
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Title 18, 2511 (1)(d); U.S.C., Title 18, ss 2511 (3)(a); U.S.C.,
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Title 18, ss 2701 (a); U.S.C., Title 18, ss 2702 (a) and U.S.C.,
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Title 47, ss 605 (a).
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COUNT V:
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16. Petitioner incorporates and realleges paragraphs 1 through
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11 and further alleges that during the month of December, the
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respondent allowed a person and/or persons unknown to access and view
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the contents of all electronic communications, both public and private
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in portions of the electronic storage not readily accessible by
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members of the general public without the knowledge or permission of
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the petitioner and to this end, that the Respondent restored certain
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previously deleted electronic communications of the petitioner and
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allowed such other person, not the intended recipient of any of such
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communications, to read such communications, contrary to U.S.C., Title
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18, ss 2511 (1)(a); U.S.C., Title 18, ss 2511 (1)(c); U.S.C., Title
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18, ss 2511 (1)(d); U.S.C., Title 18, ss 2511 (3)(a); U.S.C., Title
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18, ss 2701 (a); U.S.C., Title 18, ss 2702 (a) and U.S.C., Title 47,
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ss 605 (a).
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COUNT VI:
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17. Petitioner realleges and incorporates paragraphs 1 through
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11 and further states that on January 3, 1988, the respondent
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intentionally altered the access of the petitioner to the electronic
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communication service, contrary to U.S.C., Title 18, ss 2701 (a);
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COUNT VII:
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18. Petitioner realleges and incorporates paragraphs 1 through
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11 and further states that the respondent intentionally prevented the
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petitioner from authorized access to the electronic communication
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service from January 3, 1988 to January 6, 1988, contrary to U.S.C.,
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Title 18, ss 2701 (a);
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COUNT VIII:
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19. Petitioner realleges and incorporates paragraphs 1 through
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18 and further states that on January 6, 1988, the Petitioner
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requested that the Respondent agree to refrain from any further such
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actions contrary to law and the Respondent refused;
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COUNT IX:
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20. Petitioner realleges and incorporates paragraphs 1 through
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11 and paragraph 19 and further alleges that on January 6, the
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respondent intentionally, maliciously or with reckless disregard for
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the truth, made statements which on their face are damaging to the
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professional and personal reputation of the Petitioner in public and
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to another person, subjecting the Petitioner to humiliation, personal
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anguish and ridicule, and that said conduct of the Respondent was
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contrary to Statutory and common law of the State of Indiana;
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COUNT X:
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21. Petitioner realleges and incorporates paragraphs 1 through
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11 and paragraph 19 and further alleges that on January 8, the
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Respondent intentionally, maliciously, or with reckless disregard for
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the truth, made written statements in the form of electronic
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communications about the Petitioner which on their face are damaging
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to the professional and personal reputation of the Petitioner to
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members of the legal profession, subjecting the Petitioner to
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humiliation, personal anguish, and ridicule, and that said conduct of
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the Respondent was contrary to Statutory and common law of the State
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of Indiana;
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22. Petitioner realleges and incorporates paragraphs 1 through
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21 and further alleges that all of the facts alleged of the Respondent
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were committed willfully, knowingly, intentionally or recklessly,
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and/or for the purpose of direct or indirect commercial advantage of
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the Respondent.
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WHEREFORE, the Petitioner respectfully prays this Court for a
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statutory award of damages pursuant to U.S.C., Title 18, ss 2520
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(c)(2)(b) of ten-thousand dollars ($10,000.00) for each of counts I
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through V, totaling fifty-thousand dollars ($50,000.00); for a
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statutory award of damages pursuant to U.S.C. Title 18, ss 2707 (c) of
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one-thousand dollars ($1,000.00) for each of counts VI and VII,
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totaling two-thousand dollars ($2,000.00); for a statutory award of
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damages pursuant to U.S.C., Title 47, ss 605 (d)(3)(C)(i)(II) of
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$250.00 for each of Counts I through V, totaling one-thousand-two-
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hundred-fifty dollars ($1,250.00); punitive damages pursuant to
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U.S.C., Title 47, ss 605 (d)(3)(C)(ii), U.S.C., Title 2520, ss (b)(2)
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in the amount of fifty-thousand ($50,000); for an award of nine-
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thousand ($9,000.00) for the damage to Petitioner's personal and
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professional reputation alleged in Counts IX and X; all to the total
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amount of one-hundred-twelve-thousand-two-hundred-fifty dollars
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($112,250.00) plus interest; and for attorneys fees and costs pursuant
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to U.S.C. Title 18, ss 2520 (b)(3); U.S.C., Title 18 ss 2707 (b)(3);
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and U.S.C., Title 47, ss 605 (d)(3)(B)(iii); and for any and all
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other relief just or equitable under the circumstances.
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Respectfully submitted,
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Linda Thompson, pro se
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Petitioner
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P.O. Box 83
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Beech Grove, Indiana 46107
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Telephone: (317) 787-9787
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