A woman has filed suit against the ex-wife of her corporate CEO boyfriend, saying she owes $1 million for allegedly using an iPad that was left at her home and still logged into her ex-husband's account to monitor their texts and emails, potentially for years.
The complaint identifies Leo Kelly as “the former Chief Executive Officer of a publicly traded company.” The complaint does not identify the company.
Joel E. Rabb
| avvo.com
According to the complaint, Michele and Leo Kelly divorced in January 2017.
Two years later, Leo and Mazzorana began dating, the complaint said.
However, following the divorce, the complaint asserts, Leo Kelly had left an iPad tablet device in the home, which was allegedly being used by one of the Kelly’s four children. According to the complaint, Leo “has had limited contact with his children since the divorce.”
So, the complaint said, he was unaware the iPad he had left in the home was still connected to his Verizon mobile communications account. Similarly, he was unaware that iPad was still displaying texts, emails and other communications he was sending to “his attorneys, business associates, mental health providers, and other third parties,” including photos and other messages sent between Leo and Mazzorana.
The complaint said Leo discovered the iPad was still logged in to his account, and was in Michele’s possession, during a routine visit to a Verizon store with his son. According to the complaint, further investigation revealed his communications were being forwarded through his iCloud account to the iPad.
According to the complaint, Leo emailed Michele and demanded she stop using the iPad. Michele allegedly replied: “Why?”
Leo then allegedly deleted his old iCloud account, and changed his password, locking Michele out from allegedly further monitoring his conversations.
According to the complaint, Michele later admitted under oath during a deposition that she had “had access” to at least some of Leo’s messages on the iPad. But when asked if Leo had authorized her to read the messages, she purportedly said: “He doesn’t need to when they pop up on my device.”
In the complaint, Mazzorana asserts Michele had improperly intercepted her messages through Leo’s account on the iPad, and had improperly intruded on her private conversations.
She is demanding damages of at least $1 million, plus attorney fees.
She is represented in the action by attorney Joel Rabb, of Chicago.
The new complaint marks the second time Mazzorana has tried to collect from Michele Kelly over the alleged intercepts.
Leo Kelly and Mazzorana had initially filed suit against Michele in March in DuPage County Circuit Court. After Michele removed the case to federal court, U.S. District Court Judge Sara Ellis dismissed their lawsuit. Ellis dismissed Leo Kelly’s claims with prejudice, meaning he is not allowed to sue Michele Kelly over this matter again, barring appeal.
Mazzorana’s initial claims, however, were dismissed without prejudice, allowing her a chance to correct the deficiencies identified by the judge in her prior complaint, and try to sue Michele Kelly again.
Michele Kelly was represented by attorneys Norman T. Finkel, William R. Klein and Richard M. Goldwasser, of the firm of Schoenberg Finkel Beederman Bell Glazer, of Chicago.