United States District Court, N.D. Illinois, Eastern Division
RSM U.S. LLP, Plaintiff,
LAWRENCE BOBER, DAVID STARKSTON, JENNIFER SKOKUN, KATHLENA HYDO, ANN BURKE, and FGMK, LLC, an Illinois Limited Liability Company, Defendants.
U.S. LLP, Plaintiff, represented by Michael Yale Scudder,
Jr., Skadden Arps Slate Meagher & Flom, LLP CH.
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.
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..
Burke, Defendant, represented by Andrew Theodore Staes, Staes
& Scallan P.C..
LLC, Defendant, represented by Phillip Stewart Reed, Patzik,
Frank & Samotny Ltd. & Louis John Phillips, Patzik, Frank &
MEMORANDUM OPINION AND ORDER
B. ZAGEL, District Judge.
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. Â§ 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.
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.
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.
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 ...