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“Plaintiffs”), bring this lawsuit complaining of DELTA AIR LINES, INC. and METRON
AVIATION, INC. (sometimes referred to as “Defendants”), and would respectfully show the
following:
I.
PARTIES
3. Defendant, DELTA AIR LINES, INC., is a foreign corporation organized and existing
under the laws of the State of Delaware and with its principal office in Atlanta, Georgia.
Defendant may be served with citation by serving its registered agent for service of process
in Texas: Corporation Service Company, 701 Brazos Street, Suite 1050, Austin, TX 78701.
existing under the laws of the State of Virginia and with its principal office in Dulles, Virginia.
Defendant does not maintain a regular place of business or a designated agent for service
of process in Texas. Defendant has sufficient contacts with Texas under the Texas Long-
Arm Statute, and therefore may be served with process by serving the Texas Secretary of
State, 1019 Brazos Street, Austin, Texas 78701. Defendant’s home office is: 45300
II.
JURISDICTION
5. This Court has jurisdiction over the lawsuit under 28 U.S.C. § 1332(a) because it
involves a suit between citizens of different states, in which no Defendant is a citizen of the
III.
VENUE
part of the events or omissions giving rise to the claim occurred in this judicial district.
2
Case 4:09-cv-03305 Document 1 Filed in TXSD on 10/13/2009 Page 3 of 8
IV.
FACTS
Passengers’ Bill of Rights, a/k/a Flyersrights.org, had her privacy invaded when her AOL
e-mail account and personal files on her computer were hacked, copied and then
corrupted. Specifically, private e-mails and sensitive files were obtained by Delta Air Lines,
Inc. (“Delta”) and subsequently used to sabotage Flyersrights’ efforts to pass the “Airline
dedicated to protecting the rights of airline passengers. First established in January 2007,
Flyersrights has been aggressively advocating for Congress to pass legislation that would
require airlines to recognize airline passengers’ rights during tarmac delays. As a result
of Hanni and the organization’s efforts, there are currently four airline-passenger’s-rights
9. California Congressman Mike Thompson and Senator Barbara Boxer currently have
bills before Congress to establish the “Airline Passenger Bill of Rights of 2009.”1 The bills
would require airlines to provide food, water, access to restrooms, clean air and access to
10. More importantly, the bills would require airlines to provide passengers the option
to deplane if they have been delayed on the tarmac for over three hours. If the bills are
passed, airlines stand to lose over $40,000,000.00 in lost revenues and millions more
1
Exhibits “A” & “B,” H.R. 624, “Airline Passenger Bill of Rights Act of 2009" & S. 213, “Airline
Passenger Bill of Rights Act of 2009"
3
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Foreman, PhD (“Foreman”), an MIT graduate working for Metron Aviation, Inc. (“Metron”).
Foreman was hired by the FAA to analyze airline surface delays. During their
correspondence, Foreman, with explicit permission from Metron, updated Hanni with public
information and statistics from his research and analysis. Hanni, in return, provided
Foreman with data and information she acquired about surface delays. In his final report,
12. During the time Hanni was sharing information with Foreman, Hanni’s personal
computer files and Flyersrights e-mail accounts were hacked. America Online (“AOL”),
Hanni’s e-mail service provider, confirmed the e-mail accounts were hacked. As a result
statistics and Hanni’s personal files were redirected to an unknown location. Additionally,
all of the information on Hanni’s personal laptop was corrupted and rendered useless.
13. On September 25, 2009, Metron executives confronted Foreman with the stolen e-
mails and claimed Delta, a client of Metron, was angry about Hanni getting information that
would help pass the Airline Passenger Bill of Rights.3 Metron had the stolen e-mails and
2
Exhibit “C”, Excessive Surface Delay Final Report
3
Exhibit “D”, Affidavit of Frederick J. Foreman
4
Case 4:09-cv-03305 Document 1 Filed in TXSD on 10/13/2009 Page 5 of 8
14. When Foreman asked Metron how Metron obtained the information, Metron
claimed that Delta had provided them with the stolen e-mails.4 Confirming Metron’s
claims, the screenshots of the stolen e-mails presented to Foreman were from Delta.
V.
EXHIBITS
VI.
CONSPIRACY
an unlawful means. Defendants had a meeting of the minds in their course of action and
one or all committed an unlawful, overt act to further the object or their course of action.
17. Specifically, Delta conspired with Metron (or others) to obtain Plaintiffs’ emails and
computer files. Delta then provided Metron with the illegally obtained emails and files from
18. Defendants conspired to hack or obtain hacked information from Plaintiffs’ computer
and AOL account, with the purpose of derailing the “Airline Passenger Bill of Rights of
2009." As a result, Plaintiffs suffered injury as a proximate cause of such wrongful acts.
4
Id.
5
Case 4:09-cv-03305 Document 1 Filed in TXSD on 10/13/2009 Page 6 of 8
VII.
INVASION OF PRIVACY
19. Defendants intentionally intruded upon Hanni’s solitude, seclusion or private affairs
and concerns. Defendants’ intrusion would be highly offensive to a reasonable person and
20. Specifically, Delta hacked Hanni’s computer and accessed Hanni’s personal e-mail
and files without authorization. Delta illegally obtained personal and private information that
21. Defendants invaded Hanni’s privacy, with the purpose of derailing the “Airline
VIII.
DAMAGES
22. Plaintiffs respectfully request the following damages to be considered separately and
individually for the purpose of determining the sum of money that will fairly and reasonably
compensate Plaintiffs:
6
Case 4:09-cv-03305 Document 1 Filed in TXSD on 10/13/2009 Page 7 of 8
IX.
EXEMPLARY DAMAGES
24. Defendants’ malicious conduct, when viewed from the standpoint of the actor at the
time of the occurrence, involved an extreme degree of risk, considering the probability and
magnitude of the potential harm to others. Furthermore, Defendants’ conduct was willful,
intentional and malicious. Defendants’ conduct illustrates not only an attitude of conscious
indifference for the rights, safety and welfare of others, but also shows Defendants’ actual
to the rights, safety or welfare of others, including Plaintiffs. Therefore, Defendants are
liable for exemplary/punitive damages. As punishment for Defendants’ actions and to deter
exemplary/punitive damages.
X.
CONDITIONS PRECEDENT
26. All conditions precedent have been performed or have occurred as required by
XI.
JURY DEMAND
27. Plaintiffs assert their rights under the Seventh Amendment to the United States
Constitution and demands, in accordance with Federal Rule of Civil Procedure 38, a trial
7
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XII.
PRAYER
28. For the above reasons, Plaintiffs pray they have judgment against Defendants, with
interest on the judgment at the legal rate, pre-judgment interest, costs of court and for such
other relief, both in law and equity, to which Plaintiffs may show themselves justly entitled.
Respectfully Submitted,
Jason A. Gibson
State Bar No. 24000606
The Lyric Centre
440 Louisiana, Suite 2050
Houston, Texas 77002
Ph: (713) 650-1010
Fax: (713) 650-1011
8
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Case 4:09-cv-03305 Document 2 Filed in TXSD on 10/14/2009 Page 1 of 5
2. Counsel shall file with the clerk within fifteen days from receipt of this order a
certificate listing all persons, associations of persons, firms, partnerships,
corporations, affiliates, parent corporations, or other entities that are financially
interested in the outcome of this litigation. If a group can be specified by a general
description, individual listing is not necessary. Underline the name of each
corporation whose securities are publicly traded . If new parties are added or if
additional persons or entities that are financially interested in the outcome of the
litigation are identified at any time during the pendency of this litigation, then each
counsel shall promptly file an amended certificate with the clerk.
3. After the parties confer as required by Fed. R. Civ. P. 26(f), counsel and all parties
appearing pro se shall prepare and file not less than 10 days before the conference a
joint discovery/case management plan containing the information required on the
attached form as required by Fed. R. Civ. P. 26(f).
4. The court will enter a Docket Control Order and may rule on any pending motions at
the conference.
5. Counsel and all parties appearing pro se who file or remove an action must serve a
copy of this order with the summons and complaint or with the notice of removal.
7. Counsel and all parties appearing pro se shall discuss whether alternative dispute
resolution is appropriate and at the conference advise the court of the results of their
discussions.
8. Counsel and all parties appearing pro se will deliver to chambers copies of all
instruments filed within 7 days of the conference and within 7 days of any future
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court hearing or conference. Unless this rule is complied with the court will not
consider any instrument filed within 7 days of any court appearance.
9. Fed. R. Civ. P. 4(m) requires defendant(s) to be served within 120 days after the
filing of the complaint. The failure of plaintiff(s) to file proof of service within 120
days after the filing of the complaint may result in dismissal of this action by the
court on its own initiative.
10. Counsel will deliver to chambers copies of all instruments filed electronically that
exceed 15 pages and copies of all instruments filed under seal regardless of their
length.
11. Failure to comply with this order may result in sanctions, including dismissal of the
action and assessment of fees and costs.
Court Procedures: Information on the court's practices and procedures and how to reach
court personnel may be obtained at the Clerk's website at http://www.txs.uscourts.gov or
from the intake desk of the Clerk's office.
Case 4:09-cv-03305 Document 2 Filed in TXSD on 10/14/2009 Page 3 of 5
1. State when the conference of the parties required by Rule 26(f) was held, and
identify the counsel who represented each party.
2. List the cases related to this one that are pending in any state or federal court with
the case number and court.
5. List anticipated additional parties that should be included, when they can be added,
and by whom they are wanted.
8. State whether each party represents that it has made the initial disclosures required
by Rule 26(a). If not, describe the arrangements that have been made to complete the
disclosures.
F. When the plaintiff (or the party with the burden of proof on an issue) will
be able to designate experts and provide the reports required by
Rule 26(a)(2)(B), and when the opposing party will be able to designate
responsive experts and provide their reports.
G. List expert depositions the plaintiff (or the party with the burden of proof
on an issue) anticipates taking and their anticipated completion date. See
Rule 26(a)(2)(B) (expert report).
H. List expert depositions the opposing party anticipates taking and their
anticipated completion date. See Rule26(a)(2)(B) (export report).
10. If the parties are not agreed on a part of the discovery plan, describe the separate
view and proposals of each party.
11. Specify the discovery beyond initial disclosures that has been undertaken to date.
12. State the date the planned discovery can reasonably be completed.
13. Describe the possibilities for a prompt settlement or resolution of the case that were
discussed in your Rule 26(f) meeting.
14. Describe what each party has done or agreed to do to bring about a prompt
resolution.
15. From the attorneys' discussion with the client, state the alternative dispute resolution
techniques that are reasonably suitable.
16. Magistrate judges may now hear jury and non−jury trials. Indicate the parties' joint
position on a trial before a magistrate judge.
17. State whether a jury demand has been made and if it was made on time.
18. Specify the number of hours it will take to present the evidence in this case.
19. List pending motions that could be ruled on at the initial pretrial and scheduling
conference.
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21. Indicate other matters peculiar to this case, including discovery, that deserve the
special attention of the court at the conference.
22. List the names, bar numbers, addresses, and telephone numbers of all counsel.
____________________________________ ________________________
Counsel for Plaintiff(s) Date
____________________________________ ________________________
Counsel for Defendant(s) Date