|Jon's attorney, Shawn Tuma|
Attorney and computer fraud expert Shawn Tuma's fantastic Federal Rules of Court 12(b)(6) Motion to Dismiss can be read in full here (if the link doesn't work trying reading the mirror on our site). Tuma rips Kate's initial complaint to bits, explaining why the lawsuit fails on multiple grounds, including statute of limitations, and accusations the lawsuit is a fishing expedition and doesn't come anywhere close to meeting all the elements of the various causes of action alleged.
"The timeline of the case is straightforward. In 2009, Plaintiff was aware of allegations that “Jon Gosselin 'hacked' into her e-mails, phone, and online accounts,” she was profoundly disturbed by them, and she was “carefully considering all of her legal options regarding this matter, and she [would] pursue them if and when the time is right."5 Now, roughly four years later, Plaintiff has apparently determined that the time is right. Indeed, the Complaint was filed one month prior to the release of her new cookbook. However, all of Plaintiff’s claims, except for the Identity Theft claim, are governed by a statute of limitations of two years or less and are time-barred. These seven claims should be dismissed with prejudice."