Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 1 of 15 JOHN D. DARER and 4STRUCTURES.COM, LLC d/b/a Summit Settlement Services, Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT V. CIVIL ACTION NO. MARY WROBLESKI, Defendant. PLAINTIFFS PROPOSED FINDINGS OF FACT 1. COUNT I - Copyright Infringement Findings of Fact Witnesses Exhibits (a) That Wrobleski allowed John Darer, Viren Patel, 477, 525, 526, a competitor of Plaintiffs, Mary Wrobleski, Dr.Benjamin 528, 535, 640 Viren Patel, unauthorized Goldberg 656 access to Plaintiffs Case Management System. (b) That Wrobleski John Darer, Mary Wrobleski 605, 607-638 claimed ownership of Plaintiffs Case Management System.
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 2 of 15 c) That Wrobleski John Darer, Mary Wrobleski 560 602, threatened to market or sell Same as 1(b) copies of Plaintiffs Case Management System. d) That Wrobleski never John Darer, Mary Wrobleski 640 returned Plaintiffs Case Management System to Plaintiffs. e) That Wrobleski never John Darer, Mary Wrobleski Same as 1(d) deleted and/or destroyed all copies of the Case Management System before commencement of the present action. 2. COUNT II Breach of Contract (a) Same as 1(a) Same as 1(a) Same as 1(a) (b) Same as 1(d) Same as 1(d) Same as 1(d) (c ) Same as 1(b) Same as 1(b) Same as 1(b) (d) Same as 1(c) Same as 1(c) Same as 1(c) 2
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 3 of 15 (e) That Wrobleski, without John Darer, Mary Wrobleski, 640 authorization, provided Ling Wang, Dr. Benjamin Wang with access to Plaintiffs Goldberg (Expert) Case Management System after Wang was terminated by Plaintiffs. (f) That Wrobleski, John Darer, 605 622, 640 intentionally and without Mary Wrobleski, Ling Wang 664-667 authorization, accessed Plaintiffs computer system (server) and disabled Plaintiffs (Expert) website. (g) That Plaintiffs have 664-667 suffered damages as a John Darer result of Wrobleski s Dr. Richard Gering Breach 3. COUNT III Breach of Settlement Agreement (a) Same as 1(a) Same as 1(a) Same as 1(a) (b) Same as 2(c) Same as 2(c) Same as 2(c) 3
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 4 of 15 (c) Same as 2(d) Same as 2 (d) Same as 2(d) (d) That Plaintiffs have suffered John Darer 664-667 Damages as a result of Dr. Richard Gering Wrobleski s Breach 4. COUNT IV Dismissed by Agreement and Stipulation of the Parties 5. COUNT V Computer Fraud and Abuse (a) That Wrobleski John Darer, 605 622, 640 intentionally and without Mary Wrobleski, Ling Wang 664-667 authorization accessed Plaintiffs computer system (server) and disabled (Expert) Plaintiffs website (b) That the disabling of the John Darer, Breevort Same as 5(a) website resulted in a loss of at least Dr. Richard Gering $5,000. (c ) That Plaintiffs have suffered John Darer Same as 5(a) Damages as a result of Wrobleski s John Darer, Breevort disabling of Plaintiffs website Dr. Richard Gering 4
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 5 of 15 (Expert) 6. COUNT VI Computer Fraud and Abuse (a) That Wrobleski John Darer, Same as 5(a) intentionally and without Mary Wrobleski, Ling Wang authorization accessed Plaintiffs computer system (server) and recklessly disabled Plaintiffs website (b) That the reckless disabling John Darer, Michael Brevoort Same as 5(a) of the website resulted in a loss of Dr. Richard Gering at least $5,000. (c) That Plaintiffs have John Darer, Michael Brevooort Same as 5(c) suffered Damages as a result Dr. Richard Gering of Wrobleski s disabling of Plaintiffs website. 7. COUNT VII Computer Related Offense (Connecticut General Statutes 52-570 b) (a) Same as 1(a) Same as 1 (a) Same as 1(a) (b) That Wrobleski knew John Darer, 32-535 5
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 6 of 15 that giving Viren Patel such access was not authorized by Plaintiffs. Mary Wrobleski, Ling Wang (c ) That such access John Darer, Viren Patel 640 displayed to Viren Patel data Mary Wrobleski, residing in Plaintiffs computer Ling Wang system. (d) That such access to Patel John Darer, Viren Patel Same as 7(c) disclosed private personal data. Mary Wrobleski, Goldberg Ling Wang, Michael Breevort (e) That Wrobleski John Darer, Same as 6(a) intentionally and without Mary Wrobleski, Ling Wang authorization accessed Plaintiffs computer system (server) and recklessly disabled Plaintiffs website (f) That Plaintiffs have John Darer, Breevort Same as 6(c) suffered Damages as a result of Dr. Richard Gering Wrobleski s disabling of Plaintiffs 6
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 7 of 15 Website. (g) That Wrobleski s disabling John Darer, Mary Wrobleski, Same as 7(f) of Plaintiffs website was willful Ling Wang, and malicious. 8. COUNT VIII CUTSA (a) Same as 1(a) Same as 1(a) Same as 1(a) (b)that such acts disclosed John Darer, Mary Wrobleski, Same as 7(c) information to Viren Patel. Viren Patel, Ling Wang, (c) That such information John Darer, Mary Wrobleski, Same as 8(b) contained a compilation. Viren Patel, Ling Wang, 664-667 (d) That such information John Darer, Mary Wrobleski Same as 8(c) 7
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 8 of 15 contained a program. Viren Patel, Ling Wang, (e) That such information John Darer, Mary Wrobleski, Same as 8(d) contained a process. Viren Patel, Ling Wang, (f) That such information John Darer, Mary Wrobleski, Same as 8(e) contained a customer list. Viren Patel, Ling Wang, (g) That Patel could obtain John Darer, Mary Wrobleski, Same as 8(f) economic value from such Viren Patel disclosure of such information. (h) That such information John Darer, Virin Patel Same as 8(g) was not readily known to Michael Breevort Virin Patel 8
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 9 of 15 (Expert) (i) That such information John Darer, Virin Patel Same as 8(h) was not readily ascertainable Michael Breevort to Virin Patel through proper means (Expert) (j) That Wrobleski had John Darer, Mary Wrobleski, Same as 7(b) a duty to maintain the secrecy Ling Wang, of such information or limit the use of such information. (k) That Plaintiffs made John Darer, Mary Wrobleski, Same as 8(j) reasonable efforts under the Ling Wang, 644, 649, 650 circumstances to maintain secrecy of such information. (l) That Wrobleski had a copy of John Darer, Mary Wrobleski, 100-669 the Case Management System Ling Wang, Michael Breevort at the time she was terminated. (m)that Wrobleski did not John Darer, Mary Wrobleski, Same as 1(d) return a copy of the Case Ling Wang, Management System to Plaintiffs 9
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 10 of 15 after Plaintiffs terminated Wrobleski and demanded return of such copies. (n) Same as 8(c-f) Same as 8 (c-f) Same as 8 (c-f) (o) That the information John Darer, Same as (g) contained in the Case Management System is of economic value to persons other than Plaintiffs. (p) That the economic value John Darer, to persons other than Plaintiffs, of the information contained in the Case Management System is derived from such information not being generally known and not being readily ascertainable to such other persons. Same as 8(g) (q) That Plaintiffs made John Darer, Same as 8(j) reasonable efforts under the 10
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 11 of 15 circumstances to maintain the secrecy of the information contained in the Case Management System. (r) That Wrobleski s failure to John Darer, Mary Wrobleski Same as 1(d) return all copies of the Case Management System after Plaintiffs terminated Wrobleski and demanded return of all copies of the Case Management System was willful and malicious. 9. COUNT IX Dismissed by Agreement and Stipulation of the Parties. 10. COUNT X CUTPA (a) Same as 8(a) Same as 8(a) Same as 8(a) (b) Same as 5(a) Same as 5(a) Same as 5(a) (c) That Wrobleski had a copy John Darer, Mary Wrobleski, 100-670 of the Case Management System Ling Wang, at the time she was terminated. 11
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 12 of 15 (d) Same as 8 (j) Same as 8 (j) Same as 8 (j) (e) Same as 2(e) Same as 2(e) Same as 2(e) (f) That each activity, (a)(b) John Darer, Mary Wrobleski, Same as 10(a) (c), (d) and/or (e) independently or - (e) collectively is an unfair trade practice. (g)that Plaintiffs suffered John Darer, Breevort, Same as 2(g) damages as a result of the Dr. Richard Gering (Expert) unfair Trade practices of Wrobleski 11. COUNT XI Dismissed by Agreement and Stipulation of the Parties. 12. COUNTY XII Intentional Misrepresentation (a) That Wrobleski made false John Darer, Mary Wrobleski, All exhibits, representations to Plaintiffs separately and as to her academic and collectively professional credentials. Greg Bush support this claim (b) That Plaintiffs relied on such John Darer, Mary Wrobleski, Same as 12(a) 12
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 13 of 15 misrepresentations and as a result engaged Wrobleski s services as a software developer. (c ) That Plaintiffs suffered John Darer, Mary Wrobleski, 641-667 damagess a result of such detrimental reliance. Dr. Richard Gering 13. COUNT XIII Intentional Mispresentation (a) Same as 12 (a) Same as 12 (a) Same as 12(a) (b) That Plaintiffs relied on John Darer, Mary Wrobleski, Same as 12(b) such misrepresentations and upon Gregory Bush Wrobleski s recommendation engaged Bush to provide software development services to Plaintiffs. (c) That Plaintiffs suffered John Darer, Same as 12(c) damages as a result of such Dr. Richard Gering detrimental reliance. 14. COUNT XIV Dismissed by Agreement and Stipulation of the Parties. 15. COUNT XV Intentional Misrepresentation 13
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 14 of 15 (a) That Wrobleski submitted John Darer, Mary Wrobleski, 60 667 false invoices for work never Ling Wang. performed. b) That Plaintiffs paid John Darer 641, 642, 664 such invoices for work never - 667 performed. c) That Plaintiffs were damaged John Darer 641, 642, 664 as a result of such payment of such Richard Gering - 667 invoices. 16. COUNT XVI Dismissed by Agreement and Stipulation of the Parties. 17. COUNT XVII Dismissed by Agreement and Stipulation of the Parties. 18. COUNT XVIII Dismissed by Agreement and Stipulation of the Parties. 19. COUNT XIX Dismissed by Agreement and Stipulation of the Parties. 20. COUNT XX Dismissed by Agreement and Stipulation of the Parties. 21. COUNT XXI Tortious Interference with Advantageous Business Relationship. 14
Case 3:02-cv-01751-MRK Document 64-4 Filed 12/14/2004 Page 15 of 15 (a) That Plaintiffs had an John Darer, Mary Wrobleski, 100-667 advantageous business relationship Ling Wang with Wang. (b) That Wrobleski knew the John Darer, Mary Wrobleski, 100-667 existence of said advantageous Ling Wang business relationship with Wang. (c ) That Wrobleski intentionally John Darer, Mary Wrobleski, 100-667 interfered in Plaintiffs Ling Wang advantageous business relationship with Wang. (d) That such intentional John Darer, Mary Wrobleski, 100-667 interference by Wrobleski Ling Wang damaged such advantageous business relationship. (e) That Plaintiffs suffered John Darer, 641, 642, 664 damages as a result of the Dr. Richard Gering - 667 loss or damage of such advantageous business relationship. 15