Petitioner contends that it became suspicious of Consultant based on circumstances surrounding a meeting on April 30, 2018, between Petitioner's business developer, Alberto Pomello ("Pomella"), and an 2 of 5 NEW YORK COUNTY CLERK 12:20 PM NYSCEF DOC. Petitioner contends that Consultant was reviewing and downloading confidential information and trade secrets from Petitioner's network and is currently employed by or providing services to a direct competitor of Petitioner. Factual Background/Parties' Contentions On May 2, 2018, Petitioner contends that it became concerned that a former consultant ("Consultant"), whose consulting agreement had been terminated several months earlier, obtained unauthorized access to Petitioner's password protected local area network ("LAN'') in its New York City office. ("T-Mobile" or "Respondent") to provide documents identifying the person or persons holding the accounts used to obtain unauthorized and unlawful access to Petitioner's computer network (""). ("Lualdi" or "Petitioner") seeks an Order pursuant to CPLR ยง 3102(c) for the issuance of a subpoena duces tecum compelling disclosure from Respondent T-Mobile USA, Inc. By Order to Show Cause and Petition dated November 19, 2017, Petitioner Lualdi Inc. 001 Of the identity of the defendants JOHN DOE(s) being unknown to the Petitioner, in an action to be commenced. 160767/2018 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 6 -)( In the Matter of the Application of LUALDI INC., Index No: 160767/2018 Petitioner, For an Order pursuant to Section 3102(c) of the Civil Practice Law and Rules to compel disclosure pre-action from: DECISION and ORDER T-MOBILE USA, INC., Respondent, Mot. NEW YORK COUNTY CLERK 12:20 PM NYSCEF DOC. This opinion is uncorrected and not selected for official publication. Rakower Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. 2018 NY Slip Op 33348(U) DecemSupreme Court, New York County Docket Number: 160767/2018 Judge: Eileen A.
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