Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 1 of 93
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT COURT OF MASSACHUSETTS
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`CASE NO: _________________
`COMPLAINT AND DEMAND
`FOR A JURY TRIAL
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`Ina Steiner,
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`David Steiner,
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`Steiner Associates, LLC,
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`(Publisher of EcommerceBytes)
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`Plaintiffs
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`vs.
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`eBay, Inc.,
`Progressive F.O.R.C.E.Concepts, LLC
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`Devin Wenig,
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`Steve Wymer,
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`James Baugh,
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`David Harville,
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`Brian Gilbert,
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`Stephanie Popp,
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`Stephanie Stockwell,
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`Veronica Zea,
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`Philip Cooke,
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`John and Jane DOE,
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`Defendants
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`__________________________________________|
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`INTRODUCTION
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`eBay, a multinational Fortune 500 Company with a market value of over $47 billion,
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`engaged in a systematic campaign to emotionally and psychologically torture Ina and
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`David Steiner, the two-person team behind a small ecommerce trade publication,
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`EcommerceBytes. eBay, along with Progressive F.O.R.C.E Concepts, LLC, (hereinafter
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`“PFC”) engaged in a coordinated effort to intimidate, threaten to kill, torture, terrorize,
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`stalk and silence the Steiners, in order to stifle their reporting on eBay.
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`1
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`1.
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 2 of 93
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`2.
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`Ina and David Steiner, a married couple living in Natick, Massachusetts, operate
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`EcommerceBytes, a trade publication where the Steiners report about various ecommerce
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`companies, including eBay, in an effort to assist ecommerce sellers. The Steiners provide
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`factually based reporting on the inner-workings of various ecommerce companies, to
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`keep subscribers and readership for their trade publication – many of whom are eBay
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`sellers – up to date and informed.
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`3.
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`Defendant Devin Wenig, then Chief Executive Officer of eBay, and Defendant Steven
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`Wymer, then Senior Vice President and Chief Communications Officer of eBay,
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`consistently tracked EcommerceBytes’ reporting, and became increasingly enraged by
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`what they perceived as the Steiners’ negative coverage of eBay and the upper echelons of
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`the corporation.
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`4.
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`eBay, through its Chief Executive leadership, sent a directive and enlisted at least seven
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`members of the eBay security staff – Defendants James Baugh, David Harville, Brian
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`Gilbert, Stephanie Popp, Stephanie Stockwell, Philip Cooke, and Veronica Zea, an eBay
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`contractor employed by PFC, most of whom, on information and belief directly or
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`indirectly reported to eBay’s Head of Security and Operations – to deal with the Steiners.
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`Defendants Wenig and Wymer provided the other Defendants with carte blanche
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`authority to terminate the reporting of the Steiners by whatever means necessary, with
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`Defendant Wymer expressing “…I want to see ashes. As long as it takes. Whatever it
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`takes.” Defendant Wymer promised the Defendants he would, “embrace managing any
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`bad fallout” if the plan went south, further directing, “We need to STOP her.” All of the
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`horrific, vicious and sickening conduct that followed was committed by employees of
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 3 of 93
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`eBay and PFC, while acting in the scope of their employment under the authority of and
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`for the benefit of eBay and PFC.
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`5.
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`The events that followed shock the conscience, and demonstrate the utter depths eBay
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`would stoop to in order to take the Steiners down and end their reporting on eBay.
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`Starting with an online intimidation campaign, the Defendants taunted Ina Steiner using a
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`phony Twitter handle pretending to be an eBay seller, and directly threatened her to stop
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`reporting on eBay. The online attacks continued to escalate into threatening and
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`disturbing package deliveries, which included live spiders, cockroaches, a bloody pig
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`mask, a funeral wreath, and a book entitled “Grief Diaries: Surviving Loss of a Spouse”
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`sent directly to David Steiner. These messages and deliveries often were accompanied by
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`ominous simultaneous Twitter messages such as “do I have your attention now, cunt?”
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`Shockingly graphic and vulgar messages, such as “U are sick motha fuckers…and every
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`one will kno! U fuckin cunt ass bitch!” paired with taunting emails and deliveries,
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`including pornography and “Hustler: Barely Legal” magazines sent to the Steiner’s
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`neighbors’ home in David Steiner’s name, to defame the Steiners and attempt to disgrace
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`them and tarnish their reputation within their community.
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`6.
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`After several days of around the clock threatening and vulgar emails, packages and online
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`messages, Defendants Wenig and Wymer’s henchmen, including Defendants Baugh,
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`Harville and Zea, traveled over 3,000 miles from California to Natick, Massachusetts to
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`continue the conspiracy to intimidate, threaten, torture, terrorize, stalk and silence the
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`Steiners.
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`7.
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`The Defendants, including but not limited to Defendants Zea and Harville, carrying out
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`the orders of eBay senior executives, menacingly stalked and tailed the Steiners in a
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 4 of 93
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`black van and other rental vehicles, repeatedly circling the block, tracking their every
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`move, and following David Steiner when he left the residence. The Defendants even went
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`as far as to attempt to break into the Steiner garage in order to install a GPS tracking
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`device on their vehicle. The Defendants, including but not limited to Baugh, Harville and
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`Zea, had practiced installing a tracking device on a similar vehicle in California, in an
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`eBay parking lot, for this specific purpose. Simultaneously, the Defendants who remained
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`in California, including but not limited to Defendants Popp, Stockwell, Cooke and
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`Gilbert, continued with the online threats and stalking, and their menacing skull avatar
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`Twitter handle began publicly posting the Steiners’ home address on Twitter along with
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`threats to kill the Steiners. The Defendants also posted the Steiner’s address on Craigslist
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`and other websites, inviting strangers to the Steiners’ home for sex parties, and
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`advertising yard sales, announcing that would-be visitors should knock on the door at all
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`hours because “Everything must go!”
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`8.
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`Fearing for their lives, the Steiners installed surveillance cameras to monitor anyone
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`approaching their home. The Steiners manned the surveillance footage at all hours of the
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`day and night, and stayed in separate bedrooms so that if any of the Defendants broke into
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`their home or attacked one of the Steiners, the other could escape and call for help.
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`9.
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`The Steiners were paralyzed with fear. Their calls to the local police grew more frequent,
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`which Defendants Zea and Popp, at the direction of Defendant Baugh, monitored with a
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`police scanner in an attempt to stay one step ahead of both the Steiners and any law
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`enforcement. The Defendants knew the panic and fear they were inflicting on the Steiners
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`by carrying out Defendants Wenig and Wymer’s plan, which only fueled their fire: they
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`praised one another that their “work” was accomplishing their goal of intimidating,
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 5 of 93
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`threatening, torturing, terrorizing, stalking and silencing the Steiners. The Defendants
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`callously joked that the Steiners were “seeing ghosts, think everyone is following them
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`and they call the police every 10 minutes,” and “We know the targets have been impacted
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`by this op.” Despite recognizing the mental and emotional anguish the Defendants were
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`inflicting, the Defendants continued to persist with the conspiracy to intimidate, threaten,
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`torture, terrorize, stalk and silence the Steiners.
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`10.
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`Once the Defendants realized that the Natick Police Department (“NPD”) was
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`investigating the conspiracy, the Defendants plotted to destroy evidence, mislead the
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`investigation, and divert attention away from eBay. Defendant Baugh called a meeting and
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`directed the others to delete all communications and evidence relating to the scheme, and
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`the Defendants persistently lied to investigators and fabricated evidence. Their cover-up
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`attempts included efforts to create a fake dossier, and a phony “persons of interest” file on
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`the Steiners to make them appear crazy, and ensure the Defendants could deflect their own
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`blame when interacting with law enforcement.
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`11.
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`Ultimately, Defendants Cooke, Gilbert, Popp, Stockwell and Zea pled guilty to an
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`Information in Federal District Court, District of Massachusetts, and Defendants Baugh
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`and Harville were indicted, as a result of Defendants’ conspiracy to intimidate, threaten,
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`torture, terrorize, stalk and silence the Steiners, and for misleading and tampering with the
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`investigation.
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`12.
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`Defendant Wymer’s employment was terminated by eBay, and Chief Executive Officer
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`Defendant Wenig departed eBay with a $57 million severance package.
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`13.
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`At all times relevant to this Complaint, the individually named Defendants were acting in
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`concert with one another, as agents and employees of eBay and/or PFC, within the scope
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 6 of 93
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`of their employment with the intent to benefit their employers in furtherance of eBay’s
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`direct command – through Chief Executive Officer Defendant Wenig and Senior Vice
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`President Chief Communications Officer Defendant Wymer – to silence the Steiners and
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`their reporting, and all actions taken were in furtherance of that goal. When Defendants
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`Baugh, Harville, Gilbert, Cooke, Popp, Stockwell, and others were carrying out the
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`directives of Defendants Wenig and Wymer, all were acting within the scope of their
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`employment with and for the benefit of eBay. Defendant Zea and other Jane and John
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`DOE Defendants were either employed by eBay, or contracted by eBay through PFC; in
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`carrying out the directives of Defendants Wenig and Wymer, they were acting within the
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`scope of their employment.
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`14.
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`eBay and PFC’s conspiracy – through its employees and contractors – to intimidate,
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`threaten, torture, terrorize, stalk and silence the Steiners was successful and harmful. As a
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`natural and foreseeable consequence of Defendants’ coordinated efforts, Defendants’
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`conduct has had a devastating effect on the emotional and mental well-being of David and
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`Ina Steiner, causing permanent harm. The unrelenting stream of threats to kill, disturbing
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`deliveries, as well as the physical surveillance caused the Steiners to suffer from
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`significant and continuing emotional distress, including but not limited to, anxiety, panic
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`attacks, persistent and debilitating concerns about their physical safety, habitual insomnia,
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`embarrassment, humiliation, shame and perpetual fear that they are being followed and
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`tracked, all of which suffering continues now and will continue in the future. The conduct
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`of the Defendants has also defamed both Steiners’ names within the community, and
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`online.
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 7 of 93
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`15.
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`The conspiracy also caused harm to EcommerceBytes because the Defendants’ actions
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`have had a chilling effect on EcommerceBytes’ ability to report on eBay, where the
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`conspiracy has caused would-be sources and customers to avoid further dealings with the
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`Steiners for fear that they will become eBay’s next victims. Moreover, at the time of this
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`conspiracy, the Steiners and EcommerceBytes were the leading source of ecommerce
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`information and data nationwide, but the conduct of eBay and PFC has had a stifling
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`effect on their reporting, hampering current and future business growth.
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`16.
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`The Steiners bring this action to put an end to the Defendants’ conspiracy and the
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`violation of their state and Constitutional rights, including but not limited to freedom of
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`speech and press, to ensure that such harassment does not again happen to them or any
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`other journalists, to seek redress for the significant emotional, physical and economic
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`harm it has caused, and to seek to become whole again as a result of the damage to their
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`business and reputation.
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`JURISDICTION AND VENUE
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`17.
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`This Court has diversity jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. § 1332 because Plaintiffs and Defendants are citizens of different states, and the
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`amount in controversy exceeds the sum or value of $75,000 exclusive of interest and
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`costs. Plaintiffs David and Ina Steiner are both citizens of Massachusetts. On information
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`and belief, Defendants Wenig, Wymer, Baugh, Harville, Gilbert, Popp, Stockwell, Zea,
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`and Cooke are all citizens of California. eBay is incorporated in Delaware, and its
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`principal place of business is in California. PFC is incorporated in Nevada, and its
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`principal place of business is in Las Vegas, Nevada.
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`18.
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`This Court also has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. § 1331 based on the federal claims asserted under the Racketeer Influenced and
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`Corrupt Organizations Act, 18 U.S.C. §§ 1961 et seq., and 18 U.S.C. §§ 1343, 1962, and
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`1964.
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`19.
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`This Court may exercise supplemental jurisdiction over Plaintiff’s state-law claims
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`pursuant to 28 U.S.C. § 1367.
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`20.
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`This Court has personal jurisdiction over Defendants pursuant to M.G.L. c. 223A, § 3(a)
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`and (c), because the Defendants caused tortious injury in this Commonwealth by acts
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`committed outside of Massachusetts where eBay regularly transacts business in
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`Massachusetts, and the Defendants caused tortious injury by acts in this Commonwealth.
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`Defendants committed intentional torts purposefully directed at Plaintiffs, residents of
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`Massachusetts, with knowledge that their actions would harm and cause Plaintiffs
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`emotional and economic injury in their home state of Massachusetts.
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`21.
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`Venue is proper in the District Court of Massachusetts pursuant to 28 U.S.C. § 1391
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`because a substantial part of the events and omissions giving rise to the claims occurred
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`in Massachusetts.
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`THE PARTIES1
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`22.
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`Plaintiffs Ina and David Steiner are citizens of Massachusetts, residing in Natick,
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`Massachusetts, and own and operate Steiner Associates, LLC.
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`1 The Plaintiffs reserve their right to amend this Complaint and add additional parties and claims
`as discovery progresses.
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 9 of 93
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`23.
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`Steiner Associates, LLC is the publisher for EcommerceBytes, a leading trade publication
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`for ecommerce information. Steiner Associates, LLC has a principal place of business in
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`Natick, Massachusetts.
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`24.
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`Defendant eBay, Inc. is a Delaware corporation with its principal place of business in San
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`Jose, California.
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`25.
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`eBay is a multinational ecommerce corporation that facilitates online sellers and buyers
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`through its website. In 2020, eBay ranked 295th in the Fortune 500 with a market value of
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`over $47 billion and over 13,000 employees worldwide.
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`26.
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`Defendant PFC is a Limited Liability Company with its principal place of business in Las
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`Vegas, Nevada. On information and belief, PFC has five separate companies operating
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`under its umbrella: (1) training in armed and unarmed self-defense, including firearm
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`training; (2) consulting services; (3) an online store selling tactical products and
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`equipment; (4) a Crossfit gym; and (5) Skypointe Concierge, a concierge firm that
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`provides “unique services.” Upon information and belief, eBay hired PFC in December
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`of 2018. PFC hired analysts for eBay, and paid their salaries, including but not limited to
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`Defendant Zea, and John and Jane DOE.
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`27.
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`Defendant Devin Wenig, eBay’s former Chief Executive Officer of eBay, upon
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`information and belief, resides in Los Altos Hills, California and holds a Juris Doctor
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`from Columbia Law School. Defendant Wenig is admitted to the bar in New York, and
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`his membership is active.
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`28.
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`Defendant Steve Wymer, eBay’s former Senior Vice President and Chief
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`Communications Officer of eBay, upon information and belief, resides in California.
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`According to eBay, Defendant Wymer oversaw “company reputation.”
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 10 of 93
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`29.
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`Defendant James Baugh is an individual who, on information and belief, resides in both
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`Utah and San Jose, California, is a citizen of California, and was eBay’s Senior Director
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`of Safety & Security in charge of its Global Security and Resiliency business.
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`30.
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`Defendant Brian Gilbert who, on information and belief, resides in San Jose, California,
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`was Senior Manager of Special Operations for eBay’s Global Security Team. Defendant
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`Gilbert was responsible for executive protection, special events security and safety at
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`eBay’s North American offices. Defendant Gilbert is a former police captain in Santa
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`Clara, California.
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`31.
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`Defendant Stephanie Popp resides in San Jose, California. She served as Senior Manager
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`of the Global Intelligence Center (“GIC”), which was an intelligence and analytics group
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`within GSR that supported eBay’s security operations.
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`32.
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`Defendant Stephanie Stockwell is an individual who, on information and belief, resides in
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`Redwood City, California. She was an intelligence analyst for PFC until May of 2019,
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`when she was hired by eBay as manager of the GIC.
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`33.
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`Defendant David Harville is an individual who, on information and belief, resides in
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`Gilroy, California. He was the Director of Global Resiliency at eBay.
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`34.
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`Defendant Philip Cooke is an individual who, on information and belief, resides in San
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`Jose, California. He was hired by eBay in April of 2019, and supervised security
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`operations at eBay’s offices in Europe and Asia. Defendant Cooke worked for PFC from
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`April 2018 through October of 2018. Defendant Cooke is a former police captain in Santa
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`Clara, California. On information and belief, Defendant Cooke was promoted by eBay in
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`October of 2019 to Director.
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`35.
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`Defendant Veronica Zea is an individual who, on information and belief, resides in Santa
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`Clara, California. Defendant Zea was an eBay contractor who worked as an intelligence
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`analyst in the GIC. Defendant PFC, upon information and belief, was paid by eBay
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`during Defendant Zea’s employment to serve as her manager throughout her placement at
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`eBay.
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`36.
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`37.
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`Jane and John DOE Defendants were employees of either eBay or PFC.
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`Together, Defendants Baugh, Gilbert, Popp, Stockwell, Harville, Zea and Cooke make up
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`some of the members of the eBay security division and, on information and belief, the
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`entire team was a direct report eBay’s head of security and operations, who ultimately
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`reported to Defendant Wenig. Defendant Wymer, on information and belief, was a direct
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`report to Defendant Wenig. All Defendants were responsible for the intimidation, threats,
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`torture, terrorization, stalking and silencing of the Steiners, acts that occurred during the
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`scope of their employment. All took instructions, both directly and indirectly, from senior
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`management of eBay.
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`38.
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`The aiding and abetting and/or the failure to intervene and/or prevent the acts of eBay, its
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`employees and contractors, including but not limited to, Defendants Wenig, Wymer,
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`Baugh, Harville, Cooke, Gilbert, Popp, Stockwell and Zea give rise to liability on the part
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`of other DOE Defendants.
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`THE FACTS
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`39.
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`In 1999, the Steiners started a trade publication – AuctionBytes which later transformed
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`into EcommerceBytes – reporting on ecommerce companies to assist sellers in the very
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`early days of internet commerce. From its beginnings, the trade publication was a key
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`resource for sellers and businesses that sell items online, on a number of platforms, such
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 12 of 93
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`as eBay and Amazon, and later Etsy and others. Plaintiff Ina Steiner serves as
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`EcommerceBytes’ reporter and editor. Plaintiff David Steiner, Ina’s husband, is its
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`publisher and is also a reporter for the trade publication.
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`40.
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`eBay has always been a frequent topic of reporting by EcommerceBytes. As a result, it
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`has been a crucial resource for eBay sellers since the inception of the online marketplace.
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`The Steiners’ reporting was instrumental in developing a cohesive resource for buyers
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`and sellers of ecommerce goods, with a stellar reputation of seller advocacy and
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`information.
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`41.
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`Ina Steiner created the Twitter account handle, @EcommerceBytes, to promote her
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`reporting and provided the email, ina@EcommerceBytes.com, to allow users of the trade
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`publication a means by which to communicate with her. More than 50 eBay executives
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`and employees subscribed to the EcommerceBytes newsletter over the years, including
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`high level management and public relations personnel.
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`42. While eBay was an advocate and collaborator in EcommerceBytes’ beginning days, even
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`inviting the Steiners to interview executive team members and other employees and
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`contractors, eBay executives under a new tutelage with Defendant Wenig took issue with
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`the Steiners’ reporting of eBay and its upper management. Resistance to the site, and its
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`reporting began in May of 2012, when eBay falsely accused and reported
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`EcommerceBytes as a phishing site. eBay later admitted its error and retracted its report.
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`43.
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`eBay employees also frequently used fake identities to post in the comment section below
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`EcommerceBytes news articles, but the IP addresses for the comments were associated
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`with eBay. This action was in violation of EcommerceBytes’ user agreement. Oftentimes,
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 13 of 93
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`the comments were critical of the Steiners, EcommerceBytes, and attacked legitimate
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`commenters and users of the website.
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`44.
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`In January of 2019, an outside investor, Elliott Management, a hedge fund known for its
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`reputation in cutting costs and driving profits, bought a portion of eBay stock and sought
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`changes within the company. Defendants Wenig, Wymer, and other executive leadership
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`within eBay became increasingly concerned about declining market sales and any
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`perceived negative news coverage.
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`45.
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`EcommerceBytes was followed with interest by eBay executives, including Wendy
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`Jones, eBay’s head of security and operations, and eBay’s public relations personnel.
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`46.
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`On or about January 2019, the executive leadership at eBay, including Defendants Wenig
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`and Wymer, expressed frustration with Ina Steiner’s frequent reporting on eBay.
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`Defendant Baugh directed Defendant Stockwell, and later Defendant Zea, to monitor the
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`EcommerceBytes newsletter posts, and instructed them to screenshot them and forward
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`the posts to Defendant Baugh via WhatsApp, an encrypted messaging application, on a
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`real-time basis, day or night, any day of the week. This was done to keep executive
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`leadership up to date on an immediate basis.
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`47.
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`EcommerceBytes allowed its readers the opportunity to leave comments below the
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`articles. Oftentimes in articles relating to eBay, the anonymous comments were critical of
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`eBay, in general, and of its executive leadership, in particular.
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`48.
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`One commenter of the publication, in particular, who was best known by his handle
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`“Fidomaster,” expressed negative opinions regarding eBay.
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`49.
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`For example, on or about May 21, 2019, Plaintiff Ina Steiner reported that eBay had built
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`on its campus an expensive replica of Walker’s, a popular Manhattan bar, and noted that
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`no expense had been spared. Fidomaster tweeted a link to Ina Steiner’s article and
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`criticized Defendant Wenig for undertaking such a lavish project while eBay was
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`experiencing cost reductions, layoffs and scrutiny by activist investors.
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`50. With no evidence of a connection, senior members of eBay’s Security Division, including
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`Defendants Baugh, Harville and Gilbert, wrongfully believed there was a relationship
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`between the Steiners and Fidomaster.
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`51.
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`In the spring of 2019, Defendant Baugh held a meeting with the other Defendants and
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`other members of GSR where he discussed sending a fake threatening letter to the
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`Steiners, with a post-stamp making it appear as if the letter came from a disgruntled seller
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`in Texas.
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`52.
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`Around this same time, executives, including Defendants Wenig and Wymer, retained a
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`consultant firm.
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`53.
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`The consultant firm produced a report “Next Steps: Alternative Digital Methods for
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`Reducing Impact of [Ina Steiner] and [David Steiner] and [Ecommercebytes].” The report
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`outlined strategies that would drive the Steiners’ articles lower in search engine results.
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`54.
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`Absent any evidence, the Defendants, including but not limited to Defendants Baugh,
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`Harville and Gilbert, were convinced the Steiners and Fidomaster were working together.
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`On or about June 8, 2019, acting within the scope of his employment and in an effort to
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`carry out eBay’s directive and goal to intimidate, threaten, torture, terrorize, stalk and
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`silence the Steiners, Defendant Gilbert, at Defendant Baugh’s direction, flew cross
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`country from California to Boston and drove to the Steiner’s home in Natick,
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`Massachusetts and scrawled the word “FIDOMASTER” on their fence.
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 15 of 93
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`55.
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`Defendant Gilbert, acting within the scope of his employment and at the direction of
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`Defendant Baugh, also began reconnaissance into the Steiners’ lives, attending a yard
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`sale at the Steiner home falsely posing as a potential buyer to gain intelligence so that
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`eBay could carry out their conspiracy to intimidate, threaten, torture, terrorize, stalk and
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`silence the Steiners, and interfere with their First Amendment and Article 16 rights.
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`56.
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`As part of the conspiracy to silence EcommerceBytes, and the Steiners’ reporting,
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`Defendants Wenig, Wymer, Baugh, Harville, Gilbert, Cooke, Popp, Stockwell, Zea and
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`John and Jane DOE, all while acting within the scope of their employment with eBay and
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`PFC, set a plan in motion to destroy the Steiner’s business.
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`57.
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`The Defendants’ conspiracy to intimidate, threaten, torture, terrorize, stalk and silence
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`David and Ina Steiner with the purpose to end their reporting about eBay was
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`documented in emails and text messages, including:
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`•
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`In response to a text sent by Defendant Wenig that linked to an article in which Ina
`Steiner observed that Defendant Wenig’s $18 million compensation was 152 times that of
`an average eBay employee, Defendant Wymer wrote “[w]e are going to crush this lady.”
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`• When discussing the Wall Street Journal coverage on eBay, Defendant Wenig texted to
`Defendant Wymer, “[f]uck them. The journal is next on the list after [Ina Steiner].”
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`• Defendant Wymer texted to Defendant Baugh, “[Ina] is out with a hot piece on the
`litigation [between eBay and Amazon]. If we are ever going to take her down . . . now is
`the time.”
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`• When Defendant Wymer noted an article by Ina Steiner where she indicated Defendant
`Wenig “promised to give sellers greater protection” was “[s]hockingly reasonable,”
`Defendant Wenig responded, “[t]ake her down.”
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`•
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`In a text exchange between Defendants Wymer and Baugh, Defendant Baugh stated,
`“[Devin Wenig] said to burn her to the ground correct?” and Defendant Wymer
`responded, “[Ina Steiner] is a biased troll who needs to get BURNED DOWN…I want to
`see ashes. As long as it takes. Whatever it takes.”
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`15
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 16 of 93
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`•
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`In an email from Defendant Wymer to Defendant Baugh, Defendant Wymer states that
`the website “gives [him] ulcers, harms employee moral [sic], and trickles into everything
`about our brand. I genuinely believe these people are acting out of malice and
`ANYTHING we can do to solve it should be explored. Somewhere, at some point,
`someone chose to let this slide. It has grown to a point that is absolutely unacceptable.
`It’s the ‘blind eye toward graffiti that turns into mayhem syndrome and I’m sick about it.
`Whatever. It. Takes.”
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`• Defendant Wenig’s wife texted Defendant Baugh privately about a comment below an
`EcommerceBytes newsletter, where a commenter called Defendant Wenig a “con artist
`and thief.” Defendant Wenig’s wife wrote to Defendant Baugh, “Im not exactly thrilled
`with this post on my favorite [Newsletter]. The author gets people worked up with the
`way she skews her stories. Don’t tell [Defendant Wenig] I sent this I’m just letting you
`know about it. Ok?”
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`58.
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`Ina Steiner was exercising her First Amendment and Article 16 (amended by Article 77)
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`right to report on eBay, which she had done for nearly two decades before eBay formed
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`its conspiracy and created an internal task force to “find and destroy” the Steiners.
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`59.
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`Defendants Wenig and Wymer, members of the eBay executive leadership, directed and
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`granted the other Defendants carte blanche authority to torture the Steiners with whatever
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`means necessary, expressing “…I want to see ashes. As long as it takes. Whatever it
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`takes.” The actions of Defendants Baugh, Harville, Gilbert, Cooke, Popp, Stockwell and
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`Zea were a natural and foreseeable consequence of the directive to take the Steiners down
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`at any cost, and all their subsequent actions occurred within the scope of their
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`employment with eBay and PFC.
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`60. When discussing the conspiracy, Defendant Wymer promised to “manage any bad
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`fallout” from the Defendants’ acts, and ordered Defendant Baugh to “do whatever it
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`takes,” making it clear that all Defendants would receive support and backing from the
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`executive leadership at eBay regardless of the volatility or force used against the Steiners.
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`61.
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`eBay, through its executive leadership, including Defendants Wenig and Wymer,
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`conspired with Defendants Baugh, Harville, Gilbert, Popp, Stockwell, Cooke, Zea and
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`16
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`Case 1:21-cv-11181-DPW Document 1 Filed 07/21/21 Page 17 of 93
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`John and Jane DOE to intimidate, threaten, torture, terrorize, stalk and silence the
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`Steiners. On information and belief, Defendants Baugh, Harville, Gilbert, Popp,
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`Stockwell, Cooke, Zea, John and Jane DOE all reported to management, who knew or
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`should have known of the conspiracy given its scope.
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`62.
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`As admitted to by Defendants Gilbert, Popp, Stockwell and Zea during their plea
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`hearings, the conspiracy was set in motion to attempt to eliminate what eBay executives
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`viewed as negative coverage of eBay, to put a final end to the Steiners’ reporting. The
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`conspiracy was also enacted to send a message to all reporters that any negative reporting
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`into eBay would not be tolerated. All Defendants knew or should have known that the
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`plan would cause great harm, where it was reasonably foreseeable that such a relentless
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`campaign of around-the-clock threats, harassment, and stalking would cause the Steiners
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`to suffer emotional, physical and economic harm.
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`63.
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`Although the stated purpose of the duties of the employees of eBay’s security division
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`GSR was to eliminate legitimate security threats worldwide, with a sizeable budget and
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`an entire department devoted to carrying out that objective, the Defendants, acting within
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`the scope of their employment and under directions from executive leadership, used those
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`corporate resources like personal weapons to intimidate, threaten, torture, terrorize, stalk
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`and silence the Steiners from providing legitimate reporting on eBay.
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`64.
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`eBay’s Chief Executive Officer, Defendant Wenig, and eBay’s Senior Vice President and
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`Chief Communications Officer, Defendant Wymer gave the directive to do “whatever it
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`takes,” granting the Defendants broad discretion to use their sought-after background and
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`skills, including Defendants Baugh, Harville, Cooke and Gilbert’s past law enforcement
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`and military experience and training. This allowed Defendants to engage in