Mudd Law Offices

Providing Legal Representation to Individuals and Business Organizations

 
 

Tamburo v. Dworkin, et al., 2004 CV 3317, N.D. Illinois

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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