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Rsm U.S. LLP v. Bober

United States District Court, N.D. Illinois, Eastern Division

August 25, 2016

RSM U.S. LLP, Plaintiff,
v.
LAWRENCE BOBER, DAVID STARKSTON, JENNIFER SKOKUN, KATHLENA HYDO, ANN BURKE, and FGMK, LLC, an Illinois Limited Liability Company, Defendants.

          RSM U.S. LLP, Plaintiff, represented by Michael Yale Scudder, Jr., Skadden Arps Slate Meagher & Flom, LLP CH.

          RSM U.S. LLP, Plaintiff, represented by Jessica A. Frogge, Skadden Arps Slate Meaghar & Flom & Timothy Michael Frey, Skadden, Arps, Slate, Meagher & Flom Llp.

          Lawrence Bober, Defendant, represented by Phillip Stewart Reed, Patzik, Frank & Samotny Ltd. & Louis John Phillips, Patzik, Frank & Samotny.

          David Starkston, Defendant, represented by Leigh D. Roadman, Clark Hill PLC & William Gibbs Sullivan, Clark Hill.

          Jennifer Skokun, Defendant, represented by William Paul Ziegelmueller, Stetler, Duffy & Rotert, Ltd. & Andrea Carin Halverson, Stetler, Duffy & Rotert, Ltd..

          Kathlena Hydo, Defendant, represented by Andrew Theodore Staes, Staes & Scallan P.C..

          Ann Burke, Defendant, represented by Andrew Theodore Staes, Staes & Scallan P.C..

          FGMK, LLC, Defendant, represented by Phillip Stewart Reed, Patzik, Frank & Samotny Ltd. & Louis John Phillips, Patzik, Frank & Samotny.

          MEMORANDUM OPINION AND ORDER

          JAMES B. ZAGEL, District Judge.

         In this suit against Defendants Lawrence Bober, David Starkston, Jennifer Skokun, Kathlena Hydo, Ann Burke, and FGMK, LLC ("FGMK"), Plaintiff RSM U.S. LLP ("RSM") alleges violations of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 ("CFAA"), and asserts various state law claims. Before me is the Defendants' Motion to Dismiss, arguing to dismiss the CFAA claims pursuant to Fed.R.Civ.P. 12(b)(6) and dismiss the state law claims pursuant to Fed.R.Civ.P. 12(b)(1). For the following reasons, Defendants' motion is denied.

         BACKGROUND

         RSM provides audit, tax, and consulting services from an office in Chicago, Illinois. The firm requires all employees to sign an employment agreement that contains confidentiality and non-disclosure obligations. All the individual Defendants in this case signed such an agreement as RSM employees.

         On October 15, 2015, Defendant Lawrence Bober left RSM and signed a settlement agreement. The agreement allowed Bober to solicit the four other individual Defendants in this case about leaving the firm. The settlement agreement contained specific language reiterating that the obligations outlined in the employees' confidentiality agreement remained in effect. Bober separated from RSM to join FGMK and was joined by Starkson, Skokun, Hydo, and Burke.

         Bober asked these four coworkers to provide him access to confidential information on RSM's computers prior to leaving the company. This information included Excel spreadsheets related to former clients and client files from RSM's central electronic repository. The individual Defendants transferred these files via e-mail and external USB storage devices. RSM alleges that much of this client information was protected by ...


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