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Shefts v. Petrakis

United States District Court, C.D. Illinois

June 21, 2013

JAMISON J. SHEFTS, an Individual, Plaintiff,
v.
JOHN PETRAKIS, an Individual, KEVIN MORGAN, an Individual, HEIDI HUFFMAN, an Individual, and ACCESS2GO, INC., an Illinois corporation, Defendants

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[Copyrighted Material Omitted]

Page 771

For Jamison J Shefts, an individual, Plaintiff: Lane G Alster, Robert M Riffle, ELIAS MEGINNES RIFFLE & SEGHETTI, Peoria, IL.

For John Petrakis, an individual, Kevin Morgan, an individual, Heidi Huffman, an individual, Defendants: George Mueller, MUELLER ANDERSON PC, Ottawa, IL; J Reed Roesler, Jay H. Scholl, DAVIS & CAMPBELL LLC, Peoria, IL; Jeffrey Alan Ryva, HUSCH BLACKWELL SANDERS LLP, Peoria, IL; Stephen M Buck, HUSCH BLACKWELL LLP, Peoria, IL.

For Access2Go Inc, Defendant: Stephen M Buck, LEAD ATTORNEY, HUSCH BLACKWELL SANDERS LLP, Peoria, IL; Jeffrey Alan Ryva, HUSCH BLACKWELL SANDERS LLP, Peoria, IL.

For John Tandeski, Material Witness: Jeffrey B Rock, LEAD ATTORNEY, Julie L Galassi, HASSELBERG ROCK BELL & KUPPLER, Peoria, IL.

OPINION

JOE BILLY McDADE, Senior United States District Judge.

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ORDER & OPINION

This matter is before the Court on Defendant Kevin Morgan's Motion for Summary Judgment as to Plaintiff's claims against him under Count I of the Amended Complaint. (Doc. 273). For the reasons stated below, the Motion is granted. In addition, the Court herein clarifies the current status of Count III of the First Amended Complaint.

Legal Standard

Summary judgment should be granted where " the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c).

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Discussion

In his First Amended Complaint, Plaintiff claims that Defendants violated the Electronic Communications Privacy Act (" ECPA" ), 18 U.S.C. § 2511, the Illinois Eavesdropping Statute, 720 Ill. Comp. Stat. § 5/14-1 et seq., and the Stored Communications Act (" SCA" ), 18 U.S.C. § 2701 bye intercepting, monitoring, and/or accessing (1) his Access2Go-provided email account, (2) his Yahoo! web-based email account, and (3) his text messages on his Blackberry device. [1] The Court has resolved a number of these claims through Motions for Summary Judgment, such that the only claims that remain in question are:

Count I: ECPA

- Whether Access2Go authorized Defendants' interception of Plaintiff's Access2Go email such that the interception was in the ordinary course of Access2Go's business

- Whether Plaintiff consented to interception of either the Access2Go or Yahoo! email ...

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