Page 1 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

Neil N. Olsen, OSB No. 053378 

nolsen@zrlawgroup.com 

Joseph W. Carlisle, OSB No. 152602 

jcarlisle@zrlawgroup.com 

ZUPANCIC RATHBONE LAW GROUP, P.C. 

4949 Meadows Road, Suite 600 

Lake Oswego, OR 97035 

Telephone: 503-968-8200 

Facsimile: 503-968-8017 

Of Attorneys for Plaintiff 

Copious Creative, Inc. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

COPIOUS CREATIVE, INC., an Oregon 

corporation, 

Plaintiff, 

vs. 

PATRICK EZELL, an individual, 

Defendant.

Case No.: 

COMPLAINT FOR INJUNCTIVE 

RELIEF AND DAMAGES 

Violation of the Computer Fraud and 

Abuse Act (18 U.S.C. §§ 1030 et seq.); 

Violation of the Stored Communication 

Act (18 U.S.C. §§ 2701 et seq.); 

Violation of Oregon Uniform Trade 

Secrets Act (ORS 646.461 et seq.); 

Breach of Fiduciary Duty; Fraud; Breach 

of Contract; Intentional Interference 

DEMAND FOR JURY TRIAL 

 For its Complaint in this action, Copious Creative, Inc. hereby alleges as follows:

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Page 2 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

I. PARTIES 

1. Plaintiff Copious Creative, Inc. (“Copious” or the “company”) is an Oregon 

corporation with its principal place of business in Multnomah County, Oregon. 

2. Defendant Patrick Ezell (“Mr. Ezell”) is an individual who resides in Multnomah 

County, Oregon. 

II. JURISDICTION AND VENUE 

3. This Court has federal question jurisdiction over this civil action under 28 U.S.C. 

§ 1331 based on Copious’s claims arising under the Computer Fraud and Abuse Act, 18 U.S.C. 

§§ 1030 et seq., and the Stored Communications Act, 18 U.S.C. §§ 2707 et seq., and 

supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(a). 

4. This Court has personal jurisdiction over Ezell, and venue is proper in this District 

and this Division under 28 U.S.C. § 1391(a), because Ezell is a resident of this District, he has 

breached and threatened to breach duties owed by him to Copious in this District, and Copious’s 

property at issue in this civil action is believed to be in this District. 

III. FACTS 

A. The Company 

5. Copious is a technology firm that offers various services, including web design, 

digital commerce, digital strategy, software engineering, and digital design, to companies 

throughout the United States and internationally. 

6. Copious was formed in 2005 by Tim Haskins (“Mr. Haskins”), as its sole 

shareholder. From its founding, Mr. Haskins has served as the President of Copious, and as the 

sole director on Copious’s Board of Directors. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 2 of 34
Page 3 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

7. In 2005, Copious hired Mr. Ezell to serve as a non-shareholder officer of the 

company with the title of “corporate operations officer.” In 2007, Mr. Haskins and Copious then 

provided Mr. Ezell with the opportunity to become a shareholder in the company. 

8. Pursuant to a subscription agreement dated January 22, 2007 (the “Subscription 

Agreement”), Mr. Ezell became a shareholder of Copious. Under the Subscription Agreement, 

Mr. Ezell was granted 4,000 shares of Copious stock and obtained a 40% interest in the 

company. Mr. Haskins retained 6,000 shares of Copious stock and maintained a 60% interest in 

the company. Mr. Ezell continued to be employed by the company as a corporate operations 

officer, in which position he was subordinate to Mr. Haskins as the President of the company and 

its sole director. 

B. The Corporate Structure of Copious 

9. Under Section 4.1 of Copious’s Bylaws (the “Bylaws”), all corporate powers of 

the company are to be exercised by or under the authority of the Board of Directors, and the 

business and affairs of the company are to be managed under the direction of the Board of 

Directors. 

10. Under Section 4.2 of the Bylaws, the Board of Directors is required to be 

comprised of at least one director and no more than 15. From its founding through the present, 

Mr. Haskins has served as the sole director on Copious’s Board of Directors. 

11. Under Section 4.6 of the Bylaws, a majority of the number of directors constitutes 

a quorum of the Board for purposes of transacting company business. 

12. Section 7 of the Bylaws provides for the Board’s appointment of officers and their 

powers. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 3 of 34
Page 4 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

13. Section 7.1 of the Bylaws allows the Board to appoint a President and a Secretary. 

Section 7.1 also allows the President to appoint other officers and agents. The Board duly 

appointed Mr. Haskins President of Copious and he has served in that role from the founding of 

the company to the present. On January 22, 2007, the Board appointed Mr. Ezell as Secretary of 

the company. His tenure as Secretary ceased by Board resolution upon the company’s 

termination of his employment on February 17, 2016. 

14. Section 7.1.1 of the Bylaws provides that the President is responsible for the 

general operation of the company and any other duties and responsibilities prescribed by the 

Board. Section 7.1.1 also gives the President the power to delegate his or her authority to any 

other officer. 

15. Section 7.1.3 of the Bylaws provides that the role of the Secretary of the company 

is to record and keep the minutes of all meetings of the Board and the shareholders, and to 

perform any duties and responsibilities prescribed by the Board or the President. 

16. Section 7.4 of the Bylaws provides that any officer or agent appointed by the 

Board or the President may be removed by the Board at any time, with or without cause. 

Likewise, any officer or agent appointed by the President may be removed by the President at 

any time, with or without cause. 

17. Section 9.1 of the Bylaws allows for the issuance of shares of the company, but 

only if the Board first determines that the consideration for such shares is adequate. 

C. Copious’s Employee Handbook and Employment Policies; Company Property 

18. On January 11, 2015, Copious updated its Employee Handbook, the cover of 

which bears a quote by Mr. Ezell, and the representation of him as the company’s “CEO.” Mr. 

Ezell played a key role in drafting the Employee Handbook and ensuring employees, including 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 4 of 34
Page 5 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

himself, signed the acknowledgement of the Employee Handbook and adhered to the 

acknowledgement and the policies set forth by the Employee Handbook. He, though, at all times 

remained subordinate to Mr. Haskins, as the company’s President and sole director. 

19. On information and belief, Mr. Ezell signed or should have signed an 

acknowledgment of the Employee Handbook, which stated in part that “I understand that the 

policies in the Handbook apply to me.” Mr. Ezell’s commitment to adhere to the policies set 

forth the Employee Handbook was a condition of the company’s continued employment of him. 

20. Contained within the Employee Handbook are standard provisions, such as a 

notice that an employee’s relationship with the company is “at-will.” 

21. Also contained in the Employee Handbook are provisions regarding Employee 

Privacy, File Sharing, Use of Company Property, Return of Company Property, Conflicts of 

Interest, Confidentiality and Trade Secrets, and Non-Solicitation. 

22. The company’s Employee Privacy provision contains: 

(a) A policy that “Employees do not have a right to privacy in their 

workspaces or in any other property belonging to the Company” and that 

the “Company reserves the right to search Company property at any time”; 

(b) A policy on Telephone and Text Monitoring, informing employees that 

the company has the right to monitor calls and texts made from or 

received on company telephones; and 

(c) A policy on E-mail that informs employees that company e-mail is 

intended for official company business and is the property of the company, 

and prohibits employees from setting up their company e-mail to be 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 5 of 34
Page 6 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

forwarded to or connected to other email systems without prior 

permission. 

23. The File Sharing Policy informs all employees that “All files you create or receive 

at work are the property of the Company, its Clients or Partners. These files must be made 

available to the Company.” 

24. The Use of Company Property and Return of Company Policies state that Copious 

has invested a great deal of money into company property in order for employees to be able to do 

their work, that the property should be used only in the manner intended and as instructed, and 

that all company property should be returned in good order. Included in the definition of 

“Company Property” are company vehicles, as well as devices, records, data, notes, reports, 

proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, 

equipment, documents, and reproductions of those items developed during the employee’s 

employment with the Company. 

25. The Conflict of Interest Policy states that “[w]e do not allow employees to engage 

in any activities or relationships that create either an actual conflict of interest or the potential for 

a conflict of interest.” It further lists as examples of prohibited conflicts of interest to include (a) 

“Owning an interest in a competitor, customer, vendor, or anyone else who seeks to do business 

with this Company”; (b) “Using the resources of this Company for personal gain”; and (c) 

“Using your position in this Company for personal gain.” 

26. The Confidentiality and Trade Secrets Policy states “Information is part of what 

makes this Company competitive.” It then states that employees are prohibited from disclosing 

any sensitive, confidential or propriety information. It further states that “[a]fter you leave this 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 6 of 34
Page 7 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

Company, you are still legally prohibited from disclosing sensitive, proprietary, trade secret, or 

confidential information. If you disclose such information, we will seek legal remedies.” 

27. The Non-Solicitation Policy states that for a period of 24 months after termination 

of employment, employees are prohibited from—directly or indirectly—soliciting, inducing, 

recruiting or encouraging any company employees from leaving the company or otherwise 

taking employees of the company. 

28. As an employee, the company provided Mr. Ezell certain company property for 

use in the course of his employment. This property included, but was not limited to, laptop 

computers, smart phones, computer peripherals, and a company car. The company also gave Mr. 

Ezell access to company resources, such as bank accounts at Umpqua Bank, an American 

Express credit card, telephone and data services, and local and cloud-based computing resources. 

D. Mr. Ezell’s Use of Company Resources to Benefit Himself and OnTheGo Platforms, 

Inc., and to the Detriment of the Company 

29. On October 13, 2013, Mr. Ezell became an “advisor” to OnTheGo Platforms, Inc. 

(“OTG”), a locally-based start-up tech company. On May 9, 2014, Mr. Ezell received an option 

to purchase 29,296 shares of OTG. 

30. On February 9, 2015, Copious moved into new offices. Mr. Ezell then offered 

OTG the “opportunity” to sublease space at Copious’s offices. 

31. The terms of OTG’s sublease “negotiated” by Mr. Ezell on behalf of OTG and 

Copious required OTG to pay Copious $500 per month. Given the number of OTG employees 

occupying the subleased space, the normal market rate for the sublease at its initiation should 

have been not less than $2,100 per month. Understanding the significant free rent OTG was 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 7 of 34
Page 8 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

receiving, Mr. Ezell represented to Copious that in consideration for the free rent, Ezell’s option 

to purchase OTG shares would transfer to the benefit of Copious. 

32. On October 20, 2015, Mr. Ezell communicated to OTG his desire to exercise the 

option to purchase shares in OTG, which was being acquired by Atheer, Inc., a large technology 

company based in California. The option did not inure to the benefit of Copious as he had 

represented. 

33. In early November, 2015, Mr. Ezell completed the exercise of stock option rights 

and became a shareholder in OTG, depriving Copious of the business opportunity he had 

promised it. 

E. Mr. Ezell’s Failed Corporate Coup 

34. In the fall of 2015, Mr. Haskins suffered an injury that required him to be away 

from the day-to-day operations of the company for a few months. During this time, Mr. Ezell 

oversaw the day-to-day operations of the Company. At all times, Mr. Haskins remained the 

President of the company and its sole director. 

35. During this time, Mr. Ezell, however, also sought to complete a corporate coup by 

which he would control Copious. As part of that effort, Mr. Ezell attempted to reorganize the 

company management structure, proposed the issuance of additional corporate stock, and 

attempted to restrict the authority of the President. 

36. Upon full recovery from his injury on January 19, 2016, Mr. Haskins resumed his 

oversight of the day-to-day operations of the company. 

37. Mr. Ezell, however, continued to attempt to obstruct the ability of Mr. Haskins to 

manage the company and to fulfill his duties as the company’s President and sole director. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 8 of 34
Page 9 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

38. Mr. Ezell’s attempts were ultimately unsuccessful as he had not sought or 

obtained the approval of the Board of Directors or the President. The company and Mr. Haskins, 

as President and the sole director, rejected Mr. Ezell’s efforts to reorganize the company, restrict 

the President’s power and issue additional stock. 

39. Given the actions of Mr. Ezell and the strife stemming from them, the company 

and its shareholders, Messrs. Haskins and Ezell, began contemplating ways in which to resolve 

the strife, including but not limited to executing on certain provisions under the January 22, 2007 

Buy-Sell Agreement entered into among the company and its shareholders. Messrs. Haskins and 

Ezell both obtained personal counsel to advise them in these regards. In fact, unknown by 

Copious at the time, Mr. Ezell used the company’s American Express credit card to pay a 

retainer to the Immix Law Group to represent him relative to the Buy-Sell Agreement on 

February 13, 2016. Mr. Ezell did not have authorization to use the company credit card to pay a 

retainer to Immix Law Group, nor did he reimburse the company for such charge. 

40. In an effort to reach some resolution, the company and Messrs. Haskins and Ezell 

then agreed to meet, each with their respective legal counsel, at the offices of Immix Law Group 

on February 17, 2016 at 1:00 pm, and so did meet from approximately 1:00 pm to 2:30 pm on 

that day (the “Quiet Period Meeting”). 

F. Mr. Ezell’s Theft of Company Confidential Information, Trade Secrets, Employee 

Information, and Interference with Company Resources and Relationships 

41. On February 17, 2016, at 12:46 pm, just 14 minutes before the Quiet Period 

Meeting, Mr. Ezell downloaded a backup of all of the company’s computer-based data stored 

using it “Salesforce” application. Salesforce is a cloud-based computer platform the company 

uses to manage its customer relationships, which contains large amounts of confidential 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 9 of 34
Page 10 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

company information and trade secrets. Mr. Ezell’s action is evidenced by an email from 

Salesforce to Mr. Ezell’s company email account (patrick@copiousinc.com), which included a 

link to download a backup of all of the company’s Salesforce data. This email was triggered by 

an export request from Mr. Ezell. 

42. At the Quiet Period Meeting, the parties and their counsel discussed different 

proposals regarding either Mr. Ezell’s shares in the company being purchased, or Mr. Haskins’s 

shares in the company being purchased. During these discussions, Mr. Ezell stated if he were to 

be bought out, that following his departure from the company he intended to solicit the 

company’s employees and clients. Mr. Ezell further stated that the effect of him being bought 

out would be the funding of his efforts to compete with Copious. 

43. At 1:57 pm—while the meeting was still in progress—Mr. Ezell, using his 

company-owned smart phone or laptop computer, logged into the Company’s “Box.com” cloud 

computer-based secure file storage account, which houses all client, company, project, and 

employee documents, including large amounts of company confidential information and trade 

secrets. Box.com effectively serves as the company’s document server. At that time, Mr.Ezell 

was the sole “Super Administrator” for the company’s Box.com account. Mr. Ezell’s actions in 

connection with Box.com are evidenced by the company’s Box.com log reports. 

44. At 1:59 pm, Mr. Ezell, on his company-owned smart phone or laptop computer 

and using his company email administrator privileges, then logged into the “Google Admin” for 

the company’s “Google App” cloud computer-based enterprise email service, which effectively 

serves as the company’s email server, and created an alias email address—

davidnn@copiousinc.com (the “Alias Email Account”)—for the purposes of furthering his 

fraudulent theft of company confidential information, trade secrets, client information, and 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 10 of 34
Page 11 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

employee information. At first glance, the Alias Email Account appears to use the email address 

for a newly hired company employee, David Nunez. Mr. Nunez’s email address, however, is 

davidn@copiousinc.com. In an apparent effort to disguise his fraudulent efforts, Mr. Ezell added 

an “n” to the name used in the email address for the Alias Email Account. Mr. Ezell’s actions 

are evidenced by the company’s Google App log reports, which reflect that 

“davidnn@copious.com created as a nickname of patrick@copious.com.” 

45. At 2:00 pm, Mr. Ezell then created a new Box.com user under the name “David 

Nunnez” and using the Alias Email Account, and added the email account to multiple Box.com 

permission groups for the company. 

46. At 2:04 pm, Mr. Ezell made the Alias Email Account a co-owner of the 

company’s Box.com account, granting it access to all files, users, and permissions. 

47. At 2:05 pm, Mr. Ezell accepted an invitation from Box.com for the Alias Email 

Account and fraudulently logged into Box.com as davidnn@copiousinc.com. 

48. At 2:25 pm, again while the Quiet Period Meeting was still in progress, Mr. Ezell 

cut off the company’s credit facilities with American Express. Mr. Ezell’s action is evidenced 

by his company email account’s receipt of an email from American Express to his company 

email account reflecting that all of the other card holders on the company’s account no longer 

had a credit balance available to them, confirming that Mr. Ezell’s instruction to American 

Express to effectively freeze the company’s account had been successful. He also cut off the 

company’s access to its credit line at Umpqua Bank. 

49. At approximately 2:30 pm, Mr. Haskins, Mr. Ezell, and the company agreed to a 

quiet period during which they would keep the negotiations regarding any buyout quiet and 

confidential until the terms of the agreement were reached and finalized. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 11 of 34
Page 12 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

50. At 2:52 pm, Mr. Ezell, using his company laptop, logged into the company’s 

Box.com account using the Alias Email Account and commenced the process of downloading at 

least 480 Gigabytes of company confidential information, trade secrets, client information, and 

employee information. 

51. At approximately 3:00 pm, after Mr. Haskins returned to the company’s office, 

company employees told Mr. Haskins that their American Express cards no longer had an 

available credit balance. 

52. Soon thereafter, Mr. Ezell called senior staff members into his office, and 

announced that he was being the bought out. 

53. At 3:13 pm, Mr. Ezell sent an email to all employees of the company stating that 

Mr. Haskins was going to buy him out and that Mr. Ezell would be leaving Copious in the near 

future. 

54. At 3:29 and 3:30 pm, Mr. Ezell received emails at his company account from 

Dropbox—the cloud computer-based data storage and sharing application—confirming that he 

successfully changed the password to the company’s Dropbox account, and had successfully 

changed the username from patrick@copiousinc.com to pezell@gmail.com, Mr. Ezell’s 

“personal” email address. Mr. Ezell continues to wrongfully retain control of the company’s 

Dropbox account. 

55. At approximately 3:30 pm, Mr. Haskins noticed suspicious download activity 

occurring on Box.com. 

56. Accordingly, at 3:52 pm, Mr. Haskins, as company President, temporarily 

suspended Mr. Ezell’s company-based Google account, changed the password, and removed Mr. 

Ezell’s company-device access to Google Apps. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 12 of 34
Page 13 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

57. At 3:54 pm, Mr. Haskins, as company President, gained access to Mr. Ezell’s 

company email account (patrick@copiousinc.com), upon which he discovered email 

notifications that exports of company data regarding specific clients were ready to download 

from InVision, a cloud-based computer application that the company uses for creating design 

prototypes for clients, collaborating among employees and clients, and managing workflow. 

58. Minutes later, Mr. Ezell entered Mr. Haskins’s office and asked why his company 

Google account access had been removed. Mr. Haskins stated that because he had uncovered 

suspicious downloads he temporarily suspended Mr. Ezell’s access to his company Google 

account. In response, Mr. Ezell falsely claimed that he was only downloading family photos and 

personal files. 

59. At approximately 4:07 pm, Mr. Haskins, as President of the company, entered Mr. 

Ezell’s office and presented him with a resolution of the Company’s Board of Directors 

terminating Mr. Ezell’s employment and removing him as the company’s Secretary. 

60. At that point, Mr. Ezell was attempting to download company data from Box.com 

from using a company laptop computer. Mr. Haskins asked Mr. Ezell to cease what he was 

doing, to leave all of his company property, and to exit the building. 

61. Mr. Ezell refused to relinquish the company laptop computer and other company 

property and instead began making a scene. During this scene, Mr. Ezell placed his company 

laptop computer, company smartphone, company papers and various other items in his personal 

bag. He then left the building, got into his company car, and left the property. 

62. After the termination of his employment and departure from the property, Mr. 

Ezell cut off the company’s access to its wireless telephone and data communications through 

Verizon Wireless. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 13 of 34
Page 14 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

63. At approximately 7:00 pm, and again at approximately 8:00 pm, 10:00 pm, and 

11:00 pm on February 17, Mr. Ezell logged into Evernote, a cloud computer-based application 

which synchronizes various data and which contained all of the company’s sales conversations 

as well as various project notes, certain of which constitute company confidential information 

and trade secrets. Mr. Ezell’s actions are evidenced by the company’s Evernote log reports. 

64. At 7:35 pm, Mr. Ezell logged into a company account with Atlassian Confluence, 

a cloud computer-based application which is designed to allow the senior leadership at Copious 

to share leadership meeting notes, process and standards documentation, and have private 

discussions. He then initiated a download of all content from this system, which included large 

amounts of company confidential information and trade secrets. Mr. Ezell also blocked Mr. 

Haskins’s ability to access the company’s data using this application. Mr. Ezell’s actions are 

evidenced by the company’s Atlassian Confluence log reports. 

65. On February 18, 2016, Mr. Ezell continued his unauthorized access and download 

of company computer-based data, including confidential information. 

66. At 2:18 am, Mr. Ezell logged into the company’s Box.com account, again, using 

the Alias Email Account and until 8:02 pm he continued downloading company files, project 

files, and employee records (including I-9s and W-2s containing employee social security 

numbers and other sensitive private information). This downloaded data included company 

confidential information and trade secrets. 

67. At 5:43 am, the company, at Mr. Ezell’s former company email address, received 

an email from American Express that the email address linked to the account has been changed 

to Mr. Ezell’s personal email account, pezell@gmail.com. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 14 of 34
Page 15 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

68. During this same period, Mr. Ezell continued the unauthorized access of his 

former company email account and forwarded dozens of emails to his personal email account. 

He also accessed, without authorization, the company’s Google Drive account and transferred 

company financial, sales, and forecasting information along with client lists, estimates, and client 

master services agreement (MSAs) and statements of work (SOWs), which included company 

confidential information and trade secrets. 

69. At 12:15 am on February 19, 2016, the company discovered the Box.com 

downloads Mr. Ezell accomplished through the Alias Email Account, and disabled the Alias 

Email Account and device access. 

70. On February 19, 2016, under threats of legal action and apparently driven by his 

desire to obtain from the company personal passwords that he stored on a company-owned 

account with a cloud computer-based password storage application, Mr. Ezell returned to the 

company the company laptop computer he took with him upon the termination of his 

employment. He also signed a vaguely worded and evasive declaration prepared by his counsel 

at Immix Law Group whereby he stated that he did not keep in his “possession” copies of the 

company’s data that was stored on the laptop computer or that he, or others on his behalf, 

“downloaded, accessed, otherwise obtained . . . on or after February 17, 2016.” He did not return 

to Copious his company-owned smartphone or other electronic devices. 

71. On February 20, 2016, despite return of the company laptop computer and his 

self-serving declaration, Mr. Ezell, on information and belief, logged onto the company’s on-line 

account with Glassdoor, which is internet-based application the company uses for recruitment 

and job postings. On information and belief, Mr. Ezell used the email account of his wife, 

Patricia Ezell—triciaezell@gmail.com—to access the company’s Glassdoor account. Ms. Ezell 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 15 of 34
Page 16 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

is not an employee of the company, and the company did not know Mr. Ezell’s wife to be an 

authorized user on the account, further demonstrating Mr. Ezell’s wrongful and fraudulent acts to 

gain access to company information. 

72. On February 24, 2016, the company received a request from Mr. Ezell’s counsel 

at Immix Law Group inquiring whether Copious’s contracts with Leatherman, IngramMicro, and 

NW Natural include an employee non-solicitation clause, and, if so, requesting that Copious 

waive those clauses. 

IV. CLAIMS FOR RELIEF 

FIRST CLAIM FOR RELIEF 

(Violation of the Computer Fraud and Abuse Act, 18 U.S.C. §§ 1030 et seq.) 

73. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

74. The Computer Fraud and Abuse Act (“CFAA”) is codified at 18 U.S.C. §§ 1030 

et seq. The CFAA subjects to criminal and civil liability any person who intentionally or with 

fraudulent intent accesses a protected computer without authorization or in excess of authorized 

access, and thereby obtains a thing of value in furtherance of an object of fraud, or causes 

damage and/or loss. 

75. Copious’s Salesforce.com, Box.com, Dropbox.com, Google, InVision, Evernote, 

Atlassian Confluence, Glassdoor, and email accounts are password protected computer-based 

programs and applications. Copious’s employees access Copious’s computers and its computer 

system, as well as the above-referenced computer-based accounts to provide its digital content 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 16 of 34
Page 17 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

services to Copious’s customers in interstate commerce throughout the United States and across 

state lines, as well as to its international customers. 

76. The computers on which Copious’s data, files, records and information are stored 

are involved in interstate and foreign commerce and communication, and are protected 

computers under 18 U.S.C. § 1030(e)(2). 

77. Prior to the termination of his employment, Mr. Ezell was not authorized by 

Copious to download the Company’s data, files, records and information onto his personal email account, personal devices, or personally-controlled cloud-based accounts. He also was not 

authorized to download Copious’s data, files, records and information for any use other than for 

legitimate business purposes related to his employment at Copious. 

78. Likewise, at the time of Mr. Ezell’s improper activities following the termination 

of his employment, as set forth above, Mr. Ezell was not authorized to access or download the 

Company’s data, files, records and information for any reason. 

79. Mr. Ezell was also not authorized to retain possession of Copious’s data, files, 

records and information that he downloaded and sent to his personal e-mail account, personal 

devices, personally-controlled cloud-based accounts, or elsewhere. 

80. Through these actions, Mr. Ezell has: 

(a) Knowingly and with the intent to defraud, accessed protected computers 

without authorization and in excess of authorization, and by means of such 

conduct that furthered the intended fraud and obtained a thing of value, in 

violation of 18 U.S.C. § 1030(a)(4); 

(b) Intentionally and without authorization obtained Copious’s data, files, 

records and information by accessing protected computers on which such 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 17 of 34
Page 18 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

data, files, records, information and accounts were stored and recklessly 

caused damage, in violation of 18 U.S.C. § 1030(a)(5)(B); and 

(c) Intentionally and without authorization obtained Copious’s data, files, 

records and information by accessing protected computers on which such 

data, files, records, and information were stored and as a result caused 

damage and loss, in violation of 18 U.S.C. § 1030(a)(5)(C). 

81. Copious has a private cause of action under the CFAA pursuant to 18 U.S.C. 

§ 1030(g), which provides that “[a]ny person who suffers damage or loss by reason of a violation 

of this section may maintain a civil action against the violator to obtain compensatory damages 

and injunctive relief or other equitable relief” if the conduct “involves 1 of the factors set forth in 

subclauses (I), (II), (III), (IV), or (V)” of Section 1030(c)(4)(A)(i). 

82. Under 18 U.S.C. 1030(a)(4)(A)(i)(I), a civil action may be maintained upon a 

showing of a “loss to 1 or more persons during any 1-year period ... aggregating at least $5,000 

in value.” 

83. Mr. Ezell violated the CFAA as specifically set forth in Part III.F. herein. 

84. Copious has suffered loss in excess of $5,000 by Mr. Ezell’s actions, including 

being forced to expend resources in excess of $5,000 to (a) investigate the unauthorized access 

and abuse of data, files, records, information and accounts and the computers on which such 

items are stored; (b) attempt to stop the unauthorized access; and (c) attempt to preserve and 

protect the subject data, files, records, information, accounts and computers. 

85. As a result of Mr. Ezell’s actions and violations of the CFAA, Copious has 

suffered damages in an amount to be proven at trial. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 18 of 34
Page 19 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

86. Copious requests that the Court grant temporary, preliminary and permanent 

injunctions against Mr. Ezell under 18 U.S.C. § 1030(g) enjoining him: 

(a) From further access of Copious’s data, files, records, information and 

accounts and the computers on which such items are stored; 

(b) From use of company data, files, records, information and accounts he 

obtained from the computers on which such items are stored; 

(c) To return all company property, including, but not limited to, his company 

smartphone, all company electronic and computer devices, copies of all 

company files, records, documents and information (in any and all forms or 

formats, physical, electronic, digital, etc.) that are in his possession, 

custody or control, or that he transferred to anything or anyone in 

anticipation of his departure from the company or subsequent to his 

departure from the company; 

(d) Pending discovery and final judgment in this action, from deleting or 

altering in anyway the data, metadata, information, files, records and 

documents contained on his company smartphone, any other company 

electronic device or computer, or any device in his possession, custody, or 

control containing data, files, records, information accessed or downloaded 

from company computers or cloud computer-based accounts; and 

(e) To provide all access codes, logins, and passwords necessary for 

(i) Copious to access his company smartphone and other company devices, 

as well as all company accounts, including email, cloud-based platforms 

and applications, web-based applications, software, and online financial 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 19 of 34
Page 20 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

and other vendor accounts; (ii) the conduct of this action, including 

discovery and trial. 

87. Copious has and will continue to suffer irreparable harm unless Mr. Ezell is so 

enjoined. Copious lacks an adequate remedy at law to protect it from this harm and to 

compensate it for the damages and loss suffered and that it will continue to suffer. 

SECOND CLAIM FOR RELIEF 

(Violation of the Stored Communications Act, 18 U.S.C. §§ 2701 et seq.) 

88. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

89. The Stored Communications Act (“SCA”) is codified at 18 U.S.C. §§ 2701 et seq. 

The SCA subjects to criminal and civil liability any person who “(1) intentionally accesses 

without authorization a facility through which an electronic communication service is provided; 

or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or 

prevents authorized access to a wire or electronic communication while it is in electronic storage 

in such system.” 

90. 18 U.S.C. § 2707(a) provides a private cause of action for violations of the SCA 

to “any provider of electronic communication service, subscriber, or other person aggrieved by 

any violation of this chapter in which the conduct constituting the violation is engaged in with a 

knowing or intentional state of mind” and allows for recovery “from the person or entity . . . 

which engaged in that violation such relief as may be appropriate.” 

91. 18 U.S.C. § 2707(b) allows an aggrieved party to obtain “(1) such preliminary and 

other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c); and 

(3) a reasonable attorney’s fee and other litigation costs reasonably incurred.” 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 20 of 34
Page 21 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

92. Under 18 U.S.C. § 2707(c), a Court “may assess as damages in a civil action 

under this section the sum of the actual damages suffered by the plaintiff and any profits made 

by the violator as a result of the violation, but in no case shall a person entitled to recover receive 

less than the sum of $1,000. If the violation is willful or intentional, the court may assess 

punitive damages. In the case of a successful action to enforce liability under this section, the 

court may assess the costs of the action, together with reasonable attorney fees determined by the 

court.” 

93. As specifically set forth in Part III.F. herein, Mr. Ezell violated the SCA by 

willfully and intentionally accessing without authorization a facility through which an electronic 

communication service is provided and/or intentionally exceeding his authorization to access that 

facility, thereby obtaining electronic communications while they were in electronic storage in 

such system. Upon information and belief, Mr. Ezell may have also willfully and intentionally 

altered and/or prevented authorized access to such electronic communications. 

94. Those electronic communications were company property and belonged to 

Copious. 

95. As a result of Mr. Ezell’s actions and violations of the SCA, Copious has suffered 

damages in an amount to proven at trial, and is entitled to compensatory and punitive damages. 

96. Copious requests that the Court grant temporary, preliminary, and permanent 

injunctions against Mr. Ezell under 18 U.S.C. § 2707(b)(1) enjoining him: 

(a) From further access of Copious’s electronic communications, data, files, 

records, information and accounts and the computers on which such items 

are stored; 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 21 of 34
Page 22 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

(b) From use of company electronic communications, data, files, records, 

information and accounts he obtained from the computers on which such 

items are stored; 

(c) To return all company property, including, but not limited to, his company 

smartphone, all company electronic and computer devices, copies of all 

company files, records, documents and information (in any and all forms or 

formats, physical, electronic, digital, etc.) that are in his possession, 

custody or control, or that he transferred to anything or anyone in 

anticipation of his departure from the company or subsequent to his 

departure from the company; 

(d) Pending discovery and final judgment in this action, from deleting or 

altering in anyway the data, metadata, information, files, records and 

documents contained on his company smartphone, any other company 

electronic device or computer, or any device in his possession, custody, or 

control containing data, files, records, information accessed or downloaded 

from company computers, devices, or cloud computer-based accounts; and 

(e) To provide all access codes, logins, and passwords necessary for (i) 

Copious to access his company smartphone and other company devices, as 

well as all company accounts, including email, cloud-based platforms and 

applications, web-based applications, software, and online financial and 

other vendor accounts; (ii) the conduct of this action, including discovery 

and trial. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 22 of 34
Page 23 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

97. Copious has and will continue to suffer irreparable harm unless Mr. Ezell is so 

enjoined. Copious lacks an adequate remedy at law to protect it from this harm and to 

compensate it for the damages and loss suffered and that it will continue to suffer. 

THIRD CLAIM FOR RELIEF 

(Violations of the Oregon Uniform Trade Secrets Act, ORS 646.461 et seq.) 

98. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

99. The Oregon Uniform Trade Secrets Act, ORS 646.461 et seq. (“UTSA”), allows a 

party to recover compensatory damages in the form of actual losses stemming from the 

misappropriation of a trade secret, and the unjust enrichment experienced by the party liable for 

misappropriation. In addition, upon a showing of willful or malicious misappropriation, punitive 

damages may be awarded in an amount not exceeding twice any compensatory damages. 

100. The UTSA also allows for the temporary, preliminary and permanent enjoinment 

of actual or threatened misappropriation. 

101. The UTSA further allows the award of attorney fees and punitive damages upon a 

finding of willful or malicious misappropriation of a trade secret. 

102. Under the UTSA, “trade secret” is defined broadly to mean: 

 “Information, including a drawing, cost data, customer list, formula, pattern, 

 compilation, program, device, method, technique or process that: 

(a) Derives independent economic value, actual or potential, from not being 

generally known to the public or to other persons who can obtain 

economic value from its disclosure or use; and 

(b) Is the subject of efforts that are reasonable under the circumstances to 

maintain its secrecy.” 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 23 of 34
Page 24 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

103. Under the UTSA, “misappropriation” is defined as: 

“(a) Acquisition of a trade secret of another by a person who knows or has 

reason to know that the trade secret was acquired by improper means; 

(b) Disclosure or use of a trade secret of another without express or implied 

consent by a person who used improper means to acquire knowledge of 

the trade secret; 

(c) Disclosure or use of a trade secret of another without express or implied 

consent by a person who, before a material change of position, knew or 

had reason to know that it was a trade secret and that knowledge of it had 

been acquired by accident or mistake; or 

(d) Disclosure or use of a trade secret of another without express or implied 

consent by a person, who at the time of disclosure or use, knew or had 

reason to know that the knowledge of the trade secret was: 

(A) Derived from or through a person who had utilized improper 

means to acquire it; 

(B) Acquired under circumstances giving rise to a duty to maintain its 

secrecy or limit its use; or 

(C) Derived from or through a person who owed a duty to the person 

seeking relief to maintain its secrecy or limit its use.” 

104. Under the UTSA, “improper means” is defined to include: “theft, bribery, 

misrepresentation, breach or inducement of a breach of a duty to maintain secrecy[,] or 

espionage through electronic or other means.” 

105. Mr. Ezell violated the UTSA as specifically set forth in Part III.F. herein, by 

willfully and maliciously acquiring through improper means Copious’s trade secret information, 

including, but not limited to, its customer lists and data. That information was the subject of 

reasonable efforts to maintain its secrecy. Further, Copious derives independent economic value 

from that information based on it not being generally known to the public or to other persons 

who can obtain economic value from its disclosure or use. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 24 of 34
Page 25 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

106. The means employed by Mr. Ezell to obtain the trade secrets were improper, 

willful and malicious in that he made various misrepresentations, created and used the Alias 

Email Account, and breached his duty to maintain its secrecy and confidentiality as an officer of 

the company and as set forth in the Employee Handbook, in order to acquire and use that 

information. 

107. Mr. Ezell willfully and maliciously acquired and used that information knowing 

that he was doing so by improper means. 

108. As a result of Mr. Ezell’s willful and malicious misappropriation of its trade 

secrets, Copious has suffered damages in an amount to be proven at trial, and is entitled to 

compensatory and punitive damages. 

109. Copious also requests that the Court grant temporary, preliminary, and permanent 

injunctions against Mr. Ezell under ORS 646.463 enjoining him: 

(a) From further access of Copious’s trade secrets and the computers on 

which such items are stored; 

(b) From use of the trade secrets misappropriated; 

(c) To return all company property, including, but not limited to, his company 

smartphone, all company electronic and computer devices, copies of all 

company files, records, documents and information (in any and all forms 

or formats, physical, electronic, digital etc.) that are in his possession, 

custody or control, or that he transferred to anything or anyone in 

anticipation of his departure from the company or subsequent to his 

departure from the company; 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 25 of 34
Page 26 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

(d) Pending discovery and final judgment in this action, from deleting or 

altering in anyway the data, metadata, information, files, records and 

documents relating to his misappropriation of Copious’s trade secrets; and 

(e) To provide all access codes, logins, and passwords necessary for (i) 

Copious to access his company smartphone and other company devices, as 

well as all company accounts, including email, cloud-based platforms and 

applications, web-based applications, software, and online financial and 

other vendor accounts; (ii) the conduct of this action, including discovery 

and trial. 

110. Copious has and will continue to suffer irreparable harm unless Mr. Ezell is so 

enjoined. Copious lacks an adequate remedy at law to protect it from this harm and to 

compensate it for the damages and loss suffered and that it will continue to suffer from Mr. 

Ezell’s misappropriation of its trade secrets. In addition to the irreparable harm that will occur to 

Copious’s ability to effectively compete in the marketplace if its trade secrets and confidential 

and proprietary information are used by Mr. Ezell to compete against it, or otherwise 

disseminated to Copious’s competitors or the general public, Copious will suffer irreparable 

harm to its ability to maintain the secrecy and confidentiality of its trade secrets and confidential 

information, and thereby suffer a loss of the right to protect such information as a trade secret 

and as confidential. If the misappropriated and wrongfully obtained information are not 

returned, Copious’s ability to maintain and protect its secrecy and confidentiality will be 

compromised if not wholly eviscerated. 

 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 26 of 34
Page 27 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

FOURTH CLAIM FOR RELIEF 

(Breach of Fiduciary Duty) 

111. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

112. Mr. Ezell, as an officer of the company, and as an employee of the company 

trusted with access to confidential and proprietary information, owed to Copious fiduciary duties, 

including, but not limited to the duties of undivided loyalty; utmost good faith; full, fair, and 

frank disclosure; and fair dealing. 

113. Mr. Ezell breached his fiduciary duties to Copious as specifically set forth in the 

above-stated allegations, and by including, but not limited to: 

(a) Misappropriating the company’s opportunity to exercise an option to 

purchase stock in OTG; 

(b) Accessing and downloading the company’s confidential and proprietary 

information, data, files, trade secrets, records, and accounts; 

(c) Creating the Alias Email Account in order to provide himself with 

unauthorized access to the company’s confidential and proprietary 

information, data, files, trade secrets, records, and accounts; 

(d) Preparing to use confidential information and trade secrets to solicit 

Copious’s clients, solicit the company’s employees, and otherwise 

compete with Copious after he had separated from the company; 

(e) Contacting American Express and suspending the company’s accounts and 

access to credit, which prevented the company from transacting business, 

and which otherwise distracted the company while Mr. Ezell was in the 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 27 of 34
Page 28 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

process of stealing company confidential information and trade secrets 

and, upon information and belief, otherwise communicating with the 

company’s employees and clients to its the detriment; 

(f) Contacting Umpqua Bank and suspending the company’s access to its 

credit line, which prevented the company from transacting business and 

which otherwise distracted the company while Mr. Ezell was in the 

process of stealing company confidential information and trade secrets 

and, upon information and belief, otherwise communicating with the 

company’s employees and clients to its detriment; 

(g) Contacting Verizon and suspending the company’s access to the its 

wireless telephone and data services, which prevented the company from 

transacting business, and which otherwise distracted the company while 

Mr. Ezell was in the process of stealing company confidential information 

and trade secrets and, upon information and belief, otherwise 

communicating with the company’s employees and clients to its the 

detriment; and 

(h) Committing other acts, as detailed herein, to the detriment of the company. 

114. As a result of Mr. Ezell’s breach of his fiduciary duty, Copious has been damaged 

in an amount to be proven at trial, and is entitled to compensatory and punitive damages. 

/ / / 

/ / / 

/ / / 

/ / / 

/ / / 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 28 of 34
Page 29 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

FIFTH CLAIM FOR RELIEF 

(Fraud) 

115. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

116. Because of Mr. Ezell’s status as a fiduciary of the company and his special 

position of trust within the company as a “Super Administrator” on certain accounts, he was at 

all relevant times in a special relationship with Copious, which imposed upon him a duty to 

disclose to Copious all material matters regarding Copious’s email accounts and access rights to 

Copious’s cloud-based computer storage accounts and systems of which he had knowledge, as 

well as matters regarding the maintenance of the confidentiality and security of those accounts 

and the trade secrets, data and information stored therein. 

117. Mr. Ezell acted as described in Part III. F. herein and failed to disclose to Copious 

such actions. 

118. Mr. Ezell knew of his failure to disclose his actions described in Part III. F. 

herein. 

119. Mr. Ezell intended to conceal his actions described in Part III. F. herein. 

120. Copious reasonably relied upon Mr. Ezell’s failure to disclose his actions 

believing that (1) he continued to maintain his duties to Copious; (2) he maintained loyalty to 

Copious; and (3) he was properly executing his duties with respect to protecting the integrity, 

security and confidentiality of Copious’s accounts, systems, trade secrets, data, files, and 

information. 

121. As a result of Mr. Ezell’s fraudulent acts, Copious has been damaged in an 

amount to be proven at trial, and is entitled to compensatory and punitive damages. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 29 of 34
Page 30 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

SIXTH CLAIM FOR RELIEF 

(Breach of Contract) 

122. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

123. Mr. Ezell, as a Copious employee, owed certain contractual obligations to 

Copious as outlined in the Employee Handbook. 

124. Among those obligations was the obligation to maintain the confidentiality of 

Copious’s trade secrets and confidential and proprietary information. 

125. Mr. Ezell was also contractually obligated to return all Company property upon 

the termination of his employment, including his car, computer, smartphone, other devices, files, 

accounts and access codes (logins, passwords, etc). 

126. Mr. Ezell breached his contractual obligations by failing to maintain the 

confidentiality of Copious’s trade secrets and confidential and proprietary information, and by 

creating the Alias Email Account in order to access such trade secrets and information 

subsequent to the termination of his employment. 

127. Mr. Ezell has also breached his contractual obligations to Copious by failing to 

return all Company property following the termination of his employment. 

128. As a result of Mr. Ezell’s breaches of his contractual obligations, Copious has 

been damaged in an amount to be proven at trial, and is entitled to injunctive relief. 

SEVENTH CLAIM FOR RELIEF 

(Intentional Interference) 

129. Copious restates and realleges its allegations in all preceding paragraphs as if 

fully set forth herein below. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 30 of 34
Page 31 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

130. Copious has existing business relationships with American Express, Umpqua 

Bank, Verizon Wireless, and many clients; relationships to which Mr. Ezell was not a direct 

party. 

131. Mr. Ezell was aware of Copious’s existing business relationship with American 

Express, Umpqua Bank, Verizon, and its clients.

132. Mr. Ezell intentionally interfered with Copious’s existing business relationship 

with American Express, Umpqua Bank and Verizon Wireless by cutting off Copious’s access to 

its American Express credit facilities, its Umpqua Bank line of credit, and access to its wireless 

telephone and data communications through Verizon Wireless. 

133. Mr. Ezell intentionally interfered with Copious’s existing business relationship 

with its clients by cutting off Copious’s American Express credit facilities, its Umpqua Bank line 

of credit, and access to its wireless telephone and data communications through Verizon 

Wireless. Without access to its bank accounts, credit facilities, and communications facilities, 

Copious could not communicate with its clients effectively nor perform services with them 

effectively at the same time that Mr. Ezell was stealing company confidential information and 

trade secrets, and, on information and belief, communicating with Copious’s clients in an effort 

to compete with Copious. 

134. Mr. Ezell had no right to take such actions, and did so to disrupt the operations of 

Copious and its ability to function and serve its clients. 

135. Mr. Ezell’s actions disrupted the operations of Copious and its ability to fully and 

promptly serve its clients. 

136. As a result of Mr. Ezell’s intentional interference with Copious’s business 

relationships with American Express, Umpqua Bank, Verizon Wireless, and its clients, Copious 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 31 of 34
Page 32 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

has been damaged in an amount to be proven at trial, and is entitled to compensatory and 

punitive damages.

V. DEMAND FOR JURY TRIAL 

137. Copious demands trial by jury on all appropriate claims. 

VI. PRAYER FOR RELIEF 

 WHEREFORE, Copious prays for judgment against Mr. Ezell as follows: 

A. For temporary, preliminary and permanent injunctive relief as requested herein, 

including, but not limited to, enjoining Mr. Ezell: 

1. From further access of Copious’s trade secrets, confidential information, 

electronic communications, data, files, records, other information and 

accounts and the computers on which such items are stored; 

2. From use of company trade secrets, confidential information, electronic 

communications, data, files, records, other information and accounts he 

obtained from the computers on which such items are stored; 

3. To return all company property, including, but not limited to, his company 

smartphone, all company electronic and computer devices, copies of all 

company electronic communications, data, files, records, documents and 

information (in any and all forms or formats, physical, electronic, digital 

etc.) that are in his possession, custody or control, or that he transferred to 

anything or anyone in anticipation of his departure from the company or 

subsequent to his departure from the company; 

/ / / 

/ / / 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 32 of 34
Page 33 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

4. Pending discovery and final judgment in this action, from deleting or 

altering in anyway the data, metadata, information, files, records and 

documents contained on his company smartphone, any other company 

electronic device or computer, or any device in his possession, custody, or 

control containing data, files, records, information accessed or 

downloaded from company computers or cloud computer-based accounts; 

5. To provide all access codes, logins, and passwords necessary for 

(i) Copious to access his company smartphone and other company 

devices, as well as all company accounts, including email, cloud-based 

platforms and applications, web-based applications, software, and online 

financial and other vendor accounts; (ii) the conduct of this action, 

including discovery and trial; and 

6. For a period of 24 months from February 17, 2016, from directly or 

indirectly soliciting, inducing, recruiting, or encouraging any company 

employees to leave their employment with the company, or otherwise take 

away employees from the company, whether for the benefit of Mr. Ezell 

or for any other person or entity; 

B. For an award of compensatory, statutory, and punitive damages as allowed by law 

and in such amounts as to be proven at trial; 

C. For an award of Copious’s reasonable attorney fees, expenses, costs and 

disbursements; 

/ / / 

/ / / 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 33 of 34
Page 34 – COMPLAINT Zupancic Rathbone Law Group, P.C. 

4949 Meadows Road, Ste. 600 

Lake Oswego, OR 97035 

Tel: 503-968-8200 Fax: 503-968-8017

D. For an award of pre- and post-judgment interest at the legal rate; and 

E. For all such other legal and equitable relief as is appropriate. 

DATED this 8th day of March, 2016. 

ZUPANCIC RATHBONE LAW GROUP, P.C. 

/s/ Neil N. Olsen 

Neil N. Olsen, OSB No. 053378 

nolsen@zrlawgroup.com 

Joseph W. Carlisle, OSB No. 152602 

jcarlisle@zrlawgroup.com 

Telephone: 503-968-8200 

Facsimile: 503-968-8017 

Of Attorneys for Plaintiff Copious Creative, Inc. 

Case 3:16-cv-00427-BR Document 1 Filed 03/08/16 Page 34 of 34