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- UNITED STATES DISTRICT COURT
- FOR THE SOUTHERN DISTRICT OF INDIANA
- CIVIL DIVISION
-
- Linda Thompson, ) Civil Action No« IP-88 93C
- ) -----------
- Petitioner, )
- )
- v. )
- )
- Bob Predaina, )
- d/b/a Professional's Choice )
- Bulletin Board )
- )
- Respondent. )
-
- COMPLAINT
-
-
- 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,
-
- 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 controversey 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 communicaiton 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 persuant 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, totalling fifty-thousand dollars ($50,000.00); for a
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- statutory award of damages persuant 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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- totalling two-thousand dollars ($2,000.00); for a statutory award of
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- damages persuant 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, totalling one-thousand-two-
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- hundred-fifty dollars ($1,250.00); punitive damages persuant 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 persuant
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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,
-
-
-
- Linda Thompson, pro se
- Petitioner
- P.O. Box 83
- Beech Grove, Indiana 46107
- Telephone: (317) 787-9787
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