United States District Court, D. Oregon
KRISTEN L. TRANETZKI, EDWARD A. PIPER, Angeli Law Group LLC,
Attorneys for Plaintiff
J. DUNBAR, Larkins Vacura LLP, Attorneys for Defendant
JEFFREY M. EDELSON HEATHER ST. CLAIR Markowitz Herbold PC,
Attorneys for Defendant Christine Guidera
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE
matter comes before the Court on Defendant Cynthia
Gladen's Motion (#121) for Partial Summary Judgment. The
Court concludes the record is sufficiently developed, and,
therefore, oral argument is not required to resolve this
reasons that follow, the Court GRANTS
the parties are familiar with the facts underlying this
action, the Court sets forth only the facts taken from the
parties' filings related to Gladen's Motion that are
relevant to the pending Motion.
Defendant Cynthia Gladen was married to Kenneth
Kolarsky. Kenneth Kolarsky was having an affair at
that time with Plaintiff Lori Bokenfohr, an attorney who
lived and practiced law in Canada.
alleges in her Complaint that in 2015 she owned a laptop
computer on which she stored “a broad range of personal
and confidential information” including her banking,
financial, and tax records; her medical records and the
medical records of her children; and her “private photo
albums.” Compl. at ¶ 12.
2015 Kolarsky purchased two solid-state computer drives (SSD)
or “flash drives.” Kolarsky purchased the SSDs with
a “family credit card, ” but he intended one of
the SSDs to be a gift for Plaintiff. Plaintiff alleges she
intended to use the SSD to create a back-up copy of the
contents of her laptop.
mid-October 2015 Plaintiff asked Kolarsky to copy the
information from Plaintiff's laptop to the SSD. Kolarsky
tried to do so, but his “attempt appeared to fail,
following which Kolarsky reformatted the SSD.” Compl.
at ¶ 14. Kolarsky and Plaintiff believed the
reformatting process permanently deleted any information that
might have been copied from Plaintiff's laptop to the
SSD. Plaintiff and Kolarsky were mistaken, however, and
“[a]lthough information was not readily accessible, the
backup of [Plaintiff's] computer on the [SSD], including
the photos [at issue in this action] remained and could be
recovered and restored by a computer vendor.” Am. Joint
Statement of Agreed Facts at ¶ 4. Kolarsky retained
possession of the SSD after the attempted backup and kept the
SSD at the home he shared with Gladen.
parties dispute precisely where and when Gladen found the SSD
at issue. The record reflects Gladen found the SSD in either
her family car or in her family home. This factual dispute,
however, is immaterial to resolution of the Motion now before
point Gladen attempted to open the SSD, but she could not
open or read anything on the SSD on her personal computer.
Gladen, therefore, took the SSD and her personal computer to
Office Depot for technical assistance. The Office Depot
employee was able to restore some of the information on the
SSD. In late January 2016 Gladen returned to Office Depot to
have the files restored, and “certain information was
restored from the drive [and a] copy of the [SSD] was made
onto an external hard drive.” Am. Joint Statement of
Agreed Facts at ¶ 8.
January 23, 2016, Home Depot “completed its restoration
work” on the SSD. Am. Joint Statement of Agreed Facts
at ¶ 11. As a result of the restoration “Gladen
saw photographs and other data copied from the [SSD].”
Am. Joint Statement of Agreed Facts at ¶ 11.
November 21, 2017, Plaintiff filed a Complaint in this Court
against Gladen and Christine Guidera in which she brought
claims against Gladen for violation of the Computer Fraud and
Abuse Act (CFAA), 18 U.S.C. § 1030; against both
Defendants for violation of Oregon Revised Statutes §
30.865(1)(d); against both Defendants for conversion; against
both Defendants for replevin; and against both Defendants for
“intrusion upon seclusion.”
February 21, 2019, Gladen filed a Motion for Partial Summary
Judgment as to all of Plaintiff's claims except for her
First Claim for violation of CFAA against Gladen. Also on
February 21, 2019, Guidera filed a Motion ...