IN HE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION A Efll?Lflfi?fifim 3 as WW3 Plaintiff .. . . V. No. It If SKYLER CASE, 93 I Defendant. co 22:35; 'as: tr: V. ow DEMAND FOR MC. NOW COMES Plaintiff, GUAVA LLC, ("Guava") by and through its . 5-5 complains of the Defendant, SKYLER CASE, an individual, upon personal infor1nati'o11 as to its own activities and upon information and belief as to the activities of otliers and all other matters, and states as follows: NATURE OF THE ACTION This i.s an action against Defendant and his coconspirators forooinpute1'fi'aud and abuse, conversion, breach of contract and civil conspiracy arising from unlawful ased bre'aches and data disuibutioii. By this action, Guava seeks, z'm:er cilia, coinpensatory damages, punitive damages and attorney's fees and costs. PARTIES 2. Plaintiff is a limited liability company that operates protected coniputer systems, including computer systems accessible in Cook County, Illinois. 3. Defendant is an individual who participated in a conspiracy to breach systenis and distribute Plaintiffs protected information to substantial numbers of fellow Internet--based co coiispirators. VENUE 4. Venue is proper pursuant to 735 ILCS 5/2-l0l as Plaintiff's computer systems were at a.ll times relevant to this action accessible to individuals in Cook County, Illinois. Further, actual unlawful accesses and subsequent distributions by members of the conspiracy in which ID efeiidaiit participated occurred in Cook County, Illinois. Further, a disproportionate amount of the activities alleged herein occurred in Cook County, Illinois. 5. An actual case or controversy has arisen between t11e parties. 6. Plaintiff has been injured by Defendant's conduct and has suffered damages resulting therefrom. FACTUAL BACKGROUND General "Background 7. Plaintiff operates protected computer systems, including protected computer systems that are accessible in Cook County, Illinois. 8. 'PlaintifPs computer systems store valuable information that is not accessible to the general public. 9. Plaintiff's computer systems are regularly targeted by hackers who vvish to gain unautlmrized access to Plaintiff's valuable information. 10. When hackers successfully breach Plaintiff's protected systems, they and their fellow co-conspirators distribute the misappropriated information in a hi gh1y--coordinated manner to their fellow Internet~based co-conspirators. 11. The process of probing Plaintifi"s defenses, breaching P1ai11tiff's protected systems and distributing misappropriated information is an ongoing problem that continues to this day. Plaintiff Retains Computer Forensics Firni 12. In response to the existential threat posed to its business by the unlawful activities described in the foregoing pa1'agraphs,, Plaintiff retained a coinputer forensics firm to capture and analyze the digital evidence associated with the unlawful activities. 13. The computer forensics 'firm collected data regarding the nature of the unlawiul activity and identifying associated with the coinputers being used to conduct such activities. 14. The computer forensics firm has identified Internet Protocol addresses that are associated with the conspiracy to breach P1ainti'Ft's protected systems and distribute misappropriated IP addresses are numbers assigned to devices, such as computers, that are connected to the Internet. The Defendant's Conduct 15. Plainti'ff's agents identiiti ed Defendant participating in the conspiracy to breach P1ainti'fi's protected systems and distribute the inisappropriated infonnation. 16. In response to questioning by agents, Defendant admitted the existence of and his participation in the conspiracy. COUNT I AND AS FOR A FIRST CAUSE OF ACTION VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT 18 17. The allegations contained in the preceding paragraphs are incorporated by rei'erence in this Count as ii"1?u11y restated herein. 18. Defendant and his coconspirators breached Plaintiff's security systems on dates ranging from early 2011 to the present day. The attacks are ongoing. The tactics employed by Defendant and his coconspirators have included structured query language injection attacks, brute force attacks and social engineering. 19. Plaintiffs computers are involved in interstate and foreign commerce and communication and are protected computers under 18 U.S.C. 103 20. Upon information and belief, Defendant knowingly and with intent to de:li'aud accessed Plaintiff's computers without authorization and induced his coconspirators to access computers withoutauthorization or in excess of authorization as defined by Plaintiffs terms of service, and by means of such conduct, obtained compensation from his co--co:nspirators in violation of 18 U.S.C. 1030 and 21. Upon information and beliefDefendant conspired. with his coconspirators to violate 18 U.S.C. 1030 and in violation of 18 U.S.C. l030(b). 22. Defendant's conduct caused a loss to Plaintiff during a one-year period in excess of $5,000, including fees paid to its computer forensics agents, fees paid to legal counsel, fees paid to secure its systems, fees paid to investigators and bandwidth fees. 23. Plaintiff has been damaged by the foregoing actions, including by being forced to expend resources to investigate the unauthorized access and abuse of its computer systems. Plaintiff seeks compensatory and other equitable relief under 18 USC. l030(g) in an amount to be proven at trial. 24. Plaintiff has suffered irreparable and incalculable harm and injuries resulting from Defendant's conduct, which harm will continue unless Defendant is enjoined from further unauthorized use of Plaintiff' protected computers. Plaintiff has no adequate remedy at law. COUNT I1 AND AS FOR A SECOND CAUSE OF ACTION TRESPASS TO CHATTELS 25. The allegations contained in the preceding paragraphs are incorporated by reference in this Count as if fully restated herein. 26. Plaintiff is in posses sicn of computer hardware and valuable i11'formation. 2'7. Defendant and his coconspirators dispossessed Plaintiff of its computer hardware and intermeddled with P1ai11ti't't"s computer hardware by consuming inordinate amounts of bandwidth, placing excessive demands on the computer hardware's processors and memory and otherwise manipulating Plaintiff computer systems. Defendant and his co conspirators dispossessed Plaintiff of its valuable int'c>rmation and intermeddled with Piarintift' valuable information by unlawfully accessing the information and distributing the information among members of the conspiracy. 28. Plaintiff has been damaged by the foregoing actions, 1'n.c1ud.i11g by being forced to expend resources to investigate the unauthorized access and abuse of its computer systems. Plaintiff seeks compensatory and punitive damages in an amount to be determined at trial. COUNT AND AS FOR A TI-IIRD CAUSE OF ACTION BREACH OF CONTRACT 29. The allegations contained in the preceding paragraphs are incorporated by reference in this Count as if fully restated herein. 30. Use of and access to P1aintit'f's protected computers is governed by terms and conditions. At all times relevant to this dispute, the terms and conditions of P1a.intiff's computer systems prohibit accessing the valuable information on Plaintiff' computers withoutP1aintiff's permission. 31. Defendant and his coconspirators affirmatively accepted Plaintiffs website's terms and conditions by accessing P1a'intifi's computer systems. terms and conditions prohibit unlawful accesses to its valuable inforniation and subsequent distributions of the information. 32. Defendant and his ooconspirators, through their actions as described above, knowingly, willfully, repeatedly and 'systematically breached Plaintiff's the terms and conditions of 'Plaintif:"s coinputer systems through their conduct as alleged in this Complaint. 33. Defendant and his coconspirators breaches include, but are not limited to, unlawfully accessing Pla.intiff's protected systems and obtaining Plaintiff's valuable inforrnation. 34. Defendant and his joint tortfeasors' breaches of P1aintiff's terms and conditions directly and proxiniately caused, and continue to cause, Plaintiff irreparable harrn and injury. COUNT IV AND AS FOR A FOURTH CAUSE OF ACTION CIVIL CONSPIRACY 3 5 . The allegations contained in the preceding paragraphs are incorporated by reference in this Count as if fully restated herein. 36. Defendant and his coconspirators agreed to participate in concerted activity to atteinpt to breach and actually breach Plaintiff's protected computer systems, unlawfully access Plaintiffs valuable information and distribute that infonnation amongst one another. The agreeinents took the zfonn of express agreements on underground message boards and can be inferred. from tl1e active participation of each of Defendant and the coconspirators in the mutual plan. 37. The injury caused by the Defendant and his co co11s_pirators included Plaintiff" fees paid to its computer forensics agents, fees paid to legal counsel, fees paid to secure its systems, fees paid to investigators, bandwidth fees, lost p1'o'fits a11d potential liability from the unlawful distribution of the Valuable inforniation. 38. Defendant and his coconspirators coininitted overt acts in furtlierance of the con1111on schenie. First, inenibers of the conspiracy attempted to breach security systems through structured query language injection attacks, "brute force attacks and social eiigineering. Second, of the conspiracy succeeded in bypassing Plaintifi's security systems and unlawfully accessing P1ainti'ff's protected computers. Third, nieinbers of the conspiracy gained unlawful access to Plai11tiff's valuable inforinatioii. Finally, inernb ers of the conspiracy distributed the valuable data among theniselves. 39. Plaintiff has been damaged by the foregoing actions. Plaintiff seeks damages in an amount to be determined at trial. GENERAL 40. Where conditions precedent are alleged, avers that all conditions precedent have been performed or have occurred. 41. Plainrtifl.' demands a jury trial left PRAYER FOR RELIEF WI-IEREFORE, Plaintiff GUAVA LLC accordingly and demands judgment against Skyler Case as follows: 1) That GUAVA LLC be awarded general compensatory damages in an a1'1"10'L11'1t to be determined at trial; 2) That GUAVA LLC be awarded punitive damages in an amount to be determined at trial; 3) That GUAVA LLC be awarded its atto1~ney's fees and costs in this action; and 4) An order that Defendant is jointly and severally liable to GUAVA LLC in the full amount of the ndgment on the basis of a common law claim for civil conspiracy, jointly and in an amount to be determined at trial; 5) That GUAVA LLC be awarded any such other and all relief to which GUAVA LLC may be entitled as a matter of law and as deemed appropriate by this Court. 'pk . 2 I20 Respectfully submitted, GUAVA LLC, Plaintiff One of its attelsilireysz" Pa.u1A. D1.1'ffy, Esq. 2 N. LaSalle Street 13"' Floor Chicago, IL 60602 312-952-6136 Dated: June 29, 2012