United States District Court, D. Oregon
KELLY A. BARNETT, Plaintiff,
ESPACE LABS LLC., at al, Defendants.
OPINION AND ORDER
MICHAEL MCSHANE UNITED STATES DISTRICT JUDGE.
E:Space Labs, LLC moves to dismiss Plaintiff's complaint
pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a
claim. Plaintiff Ms. Barnett, proceeding pro se,
alleges fourteen claims based on (1) an alleged theft of
Plaintiff's computers and portable devices by an unknown
person or persons not party to this suit, and (2) an alleged
attempt to illicitly learn Plaintiff's trade secrets by
one of the individually named defendants. Because the amended
complaint fails to state a claim upon which relief may be
granted, this Court GRANTS the defendants' motions to
Labs is a membership-based technology incubator dedicated to
the advancement of the high tech electronic hardware device
industry in Central Oregon. Compl. ¶ 5. To use their
facilities, companies or individuals may contract directly
with E:Space Labs, or apply to become an E:Space member. In
addition, the Company has offered classes and workshops in
the past as part of their goal to facilitate development of
the electronic hardware industry. Id.; Def.'s
Mot. 2-3, ECF No. 13.
Lab's physical offices and facilities are located within
a business complex known as “The Bridge” in Bend,
Oregon. Compl. ¶ 5. E:Space Labs does not own The
Bridge, but is one of several tenants. Id.
¶¶ 32, 36, 37 and 42. E:Space Labs leases office
space over which they have exclusive access and control.
Additionally, The Bridge also provides common spaces, such as
a lounge and conference rooms, that are accessible to all
tenants in the building. Compl. at pg. 15 (Section “IV.
Relief, ” ¶ 3).
plaintiff, Ms. Barnett, had been permitted to utilize E:Space
Labs facilities for about three year until E:Space Labs
revoked her access in December of 2017. Compl. ¶¶
30, 35. E:Space Labs revoked Plaintiff's access after
receiving complaints from other tenants of The Bridge that
Plaintiff was making them feel uncomfortable and unsafe, and
had been carrying a weapon on the premises. Id.
¶¶ 39, 57.
January 2018, Plaintiff filed a complaint with Oregon's
Bureau of Labor and Industries (BOLI). BOLI dismissed the
complaint on March 1, 2018, citing lack of evidence. This
lawsuit subsequent ensued.
pro se complaint generally brings five types of
claims: (1) negligence claims; (2) public accommodation
claims; (3) misappropriation claims; (4) defamation claims;
and finally (5) miscellaneous claims. These claims contain
several causes of action located throughout the complaint:
Type of claim
Purported Causes of Action (used in
Location in Complaint
The “Negligence Claims”
Theft by Negligence
Failure to Defend Trade Secrets
The “Public Accommodation Claims
The “Misappropriation Claims”
Misappropriation of Trade Secrets
Failure to Defend Trade Secrets2
The “Defamation Claim”
The “Miscellaneous Claims”
US Constitution First Amendment
Oregon Constitution “free expression
Oregon Constitution “victims'
Page 8 (see also ¶46)
Page 8 (see also ¶46)
the complaint alleges that on March 10, 2016, Plaintiff
brought into E:Space Labs her two laptops and other portable
drives for back-up and system upgrades. Compl. ¶ 10. The
next day, at the request of Defendant David Robson, Plaintiff
moved her computers and portable drives to a conference room
that is one of The Bridge's common spaces. Id.
¶ 11. Plaintiff left the computers and portable devices
in the conference room overnight unattended. Id.
¶ 12. The following morning, she discovered “a
physical loss of her computers, back-up drives, written
patent drafts and handwritten continuation patent claim
set.” Id. ¶ 15. The computers contained
data from clinical trials, survivability case studies and
animal care and use records along with personal records.
Id. Plaintiff contacted the Bend Police Department
who arrived and conducted an investigation. Id.
months later, on December 13, 2017, Plaintiff obtained a
stalking order against another E:Space Labs member, defendant
Joshua Hill. Plaintiff accuses Mr. Hill of attempting to
illicitly learn Plaintiff's trade secrets from September
2017 through December 11, 2017, and that Mr. Hill had been
“caught trespassing, invading personal space, stealing
farm equipment for joy rides causing nuisance and damage,
harrying research animals leading to injury to the Plaintiff
and searching the Plaintiff's premise on more than one
occasion.” Compl. ¶ 17.
December 14, 2017 Plaintiff presented a copy of the stalking
order to defendant David Robson, a manager of E:Space Labs.
Compl. ¶ 26. Three days later, on December 17, Mr.
Robson emailed Ms. Barnett asking her to turn in her building
key. Id. 30. On December 19, Plaintiff received
notification that she was not to enter The Bridge, to include
the parking lot and all businesses located in the complex.
Id. ¶¶ 34-35. ...