BOSTON, Sept 12 (Reuters) - EBay has asked a
judge to force the publishers of an e-commerce newsletter to
disclose the identity of their news sources so it can defend
itself against a lawsuit they filed after several of the
company's employees admitted to carrying out a bizarre campaign
to harass and terrorize them.
The e-commerce company in a motion filed on Wednesday in
Boston federal court said it sought the information after David
and Ina Steiner argued they were entitled to more than $12
million in economic damages because the harassment stifled their
ability to report and made would-be news sources fearful of
providing them information.
Seven former eBay workers have pleaded guilty and received
sentences of as high as 57 months in prison for their roles in
an extensive campaign that took place in 2019 that involved
sending the Steiners cockroaches, fly larvae and a bloody
Halloween pig mask and surveilling their home in Natick,
Massachusetts.
Prosecutors say the employees did so after senior executives
deemed the Steiners' newsletter critical of eBay.
The San Jose, California-based company agreed in January to
pay $3 million under a deferred prosecution agreement and has
said it is seeking to settle the civil lawsuit the Steiners
filed.
The company, though, has sought to limit the scope of any
potential damages the Steiners could pursue before any
settlement is struck, and on Wednesday said it needed
information on their sources to investigate their economic
damages claims.
It said the Steiners have refused to disclose any
information about who those would-be sources are, though, citing
"reporter's privilege," a legal doctrine through which reporters
can keep private information about their confidential sources.
"Plaintiffs are free to preserve the confidentiality of
their sources, and they are free to pursue damages based on the
alleged loss of those sources as a result of the Natick events,"
eBay's ( EBAY ) lawyers said. "But Plaintiffs are not free to do both."
EBay called its request "limited," saying it only wanted the
Steiners to reveal the identities of sources that stopped
working with them and that it would be willing to limit any
disclosure to its outside counsel to mitigate their concerns.
The Steiners' attorney did not respond to a request for
comment on Thursday.
EBay has separately asked U.S. District Judge Patti Saris to
decide whether the Steiners are entitled to punitive damages.
Its lawyer, Jack Pirozzolo of Sidley Austin, told Saris in July
that the question had become an issue in settlement talks.
The case is Steiner v. eBay Inc ( EBAY ), U.S. District Court,
District of Massachusetts, No. 21-cv-11181.
For the Steiners: Andrew Finkelstein of Finkelstein &
Partners
For eBay: Jack Pirozzolo of Sidley Austin
Read more:
EBay seeks judge's guidance to settle with victims of
harassment campaign
EBay to pay $3 million penalty over harassment of couple
behind newsletter
(Reporting by Nate Raymond in Boston)