EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk IN THE ___ C I R C U I T C O U R T F O R D A V I D S O N C O U N T Y T E N N E S S E E TWENTIETH JUDICIAL DISTRICT, AT NASHVILLE CARL VONHARTMAN V. CASE NO. KORTNI BUTTERTON 12-PERSON JURY DEMAND C OM P L A I N T Comes now the Plaintiff, Carl Vonhartman, and for his Complaint would show: Jurisdiction 1. The Plaintiff Carl Vonhartman is a resident of Davidson County, Tennessee, and may be served by his undersigned attorneys at Brazil Clark, PLLC, 2901 Dobbs Avenue, Nashville, TN 37211. 2. The Defendant Kortni Butterton is a resident of Davidson County, Tennessee, and may be served with process at 2717 Druid Dr., Nashville, TN 37210. 3. All acts and omissions giving rise to this Complaint occurred within Davidson County, Tennessee. 4. This court is the appropriate venue pursuant to Tenn. Code Ann. § 20-4-101 et seq. Allegations of Fact 5. Mr. Vonhartman originally encountered the Defendant online when they were “matched” through Hinge, a mobile dating app, on or about February 2019. 6. The two never met in person and no relationship developed. 1 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk 7. On or about January 28, 2020, Ms. Butterton made posts about Mr. Vonhartman on a “private” Facebook group where women discuss men they met on dating apps including Hinge. 8. Mr. Vonhartman discovered the Facebook group and the messages posted about him in the group. 9. Mr. Vonhartman contacted Ms. Butterton via electronic message and stated that he would sue Ms. Butterton for defamation if she continued to make false statements about him. 10. In an effort to gain the admiration of other members of the Facebook group, and to punish Mr. Vonhartman, Ms. Butterton devised a scheme to ruin his reputation. 11. On January 29, 2020, at approximately 4:30 p.m. Ms. Butterton placed a call to 911, falsely alleging that Mr. Vonhartman was present at her home, ringing her doorbell, banging on the walls of her house, and looking through her windows. 12. Ms. Butterton then swore out an affidavit in support of a Petition for Order of Protection in which she again alleged that Mr. Vonhartman was outside her home, banging on walls, ringing her doorbells, and looking through her windows at approximately 4:30 p.m. on January 29, 2020. 13. An ex parte Order of Protection was granted in Davidson County General Sessions Case No. 20OP250 against Mr. Vonhartman based on Ms. Butterton’s false statements. 2 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk 14. A trial on the petition was set on February 10, 2020. 15. At this hearing and under oath, Ms. Butterton repeated the false allegations against Mr. Vonhartman and attempted to bolster them by stating that he was wearing a baseball cap depicted in one of his Instagram posts while banging on her house. 16. Following a hearing on the merits of Ms. Butterton’s petition, the case was dismissed by the judge. 17. Mr. Vonhartman was never present at Ms. Butterton’s residence. 18. Mr. Vonhartman’s cell phone activity logs and location data demonstrate that, between 3:48 p.m. and 7:17 p.m., Mr. Vonhartman was at his own residence, sending messages, emails, and making a phone call during the time in question. (See Exhibit 1 – LogicForce Report). 19. WSMV News Channel 4 covered the hearing on Ms. Butterton’s fraudulent Petition for Order of Protection and ran a primetime news story featuring her 911 call. 20. Additionally, WSMV.com posted a written article that quotes Ms. Butterton’s allegations from the petition, as well as the 911 call, spreading her false allegations across the greater Middle Tennessee area. 21. Despite the dismissal, Ms. Butterton’s prosecution of this claim and her false statements caused enormous damage to Mr. Vonhartman’s reputation. 3 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk Count I – Malicious Prosecution 22. Based Mr. Vonhartman incorporates by reference all paragraphs above as if restated fully herein verbatim. 23. The Petition for Order of Protection was brought without probable cause, and based on a demonstrable lie. 24. The Petition for Order of Protection was brought against Mr. Vonhartman with malice and the intent to ruin his reputation. 25. The Petition for Order of Protection was dismissed following a hearing on the merits, and thus terminated favorably to Mr. Vonhartman. Count II – Slander 26. Mr. Vonhartman incorporates by reference all paragraphs above as if restated fully herein verbatim. 27. When Ms. Butterton called 911 on January 29, 2020, she knowingly made false statements about Mr. Vonhartman which injured his reputation. Count III – Slander 28. Mr. Vonhartman incorporates by reference all paragraphs above as if restated fully herein verbatim. 29. When Ms. Butterton testified in court on February 10, 2020, she repeated the false statements from her 911 call in open court and in front of the camera from WSMV News Channel 4. 30. Ms. Butterton made these statements with malice and knowledge that the statements were false. 4 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk Count IV – Libel 31. Mr. Vonhartman incorporates by reference all paragraphs above as if restated fully herein verbatim. 32. When Ms. Butterton swore to the allegations in her Petition for Order of Protection, she published false written statements with malice and knowledge that the statements were false. Damages 33. As a result of Ms. Butterton’s tortious conduct, Mr. Vonhartman has suffered the following damages: a. Mental and emotional suffering; b. Attorney’s fees incurred defending the petition for Order of Protection; c. Injury to reputation and standing in the community; 34. Because Ms. Butterton’s conduct was intentional, fraudulent, malicious, and motivated by ill will and spite as to render it among the most egregious of wrongs, an award of punitive damages is necessary and justified. WHEREFORE, your Plaintiff requests: (1) That process issue and that the Defendant be required to answer within the time provided by law; (2) That a jury of twelve (12) be empaneled to try this cause; (3) For compensatory damages in the amount of $250,000.00; (4) For a punitive damages award in the amount of $500,000.00; (5) For such further and general relief as the court deems just and appropriate. 5 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk Respectfully submitted, ________________________ WESL EY CL ARK, # 3 2 6 1 1 FRANK BRAZIL, # 3 4 5 8 6 BRAZIL CLARK, PLLC 2901 D OBBS A VENUE NASHVILLE, T N 3 7 2 1 1 615-730-8619 615-514-9674 (FAX) wesley@brazilclark.com 6 EFILED 03/27/20 12:01 PM CASE NO. 200740 Richard R. Rooker, Clerk EXHIBIT 1 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk March 20, 2020 Wesley Clark Brazil Clark, PLLC 2901 Dobbs Ave Nashville, TN 37211 615-730-8619 wesley@brazilclark.com RE: Vonhartman Matter Wesley, On February 13, 2020, LogicForce was engaged by Brazil Clark, PLLC for the purpose of performing analysis on Mr. Carl Vonhartman’s mobile device. The analysis of this device was to determine the location and activity of the device on January 29, 2020 around 4:30PM Central. I am a Digital Forensic Investigator with LogicForce Consulting, LLC in Nashville, Tennessee. A copy of my curriculum vitae, which accurately reflects my education, training and experience, is attached as Exhibit 1. Mr. Vonhartman provided his mobile device, an iPhone X, Serial Number: GHLYX3FJJCL7 to LogicForce on February 24, 2020 where it was extracted using the best forensic practices at the time of extraction. Based on my initial review of the extraction, there were several artifacts on the device showing device location and activity around the time of interest. A summary timeline of these events can be found in Exhibit 2. My review showed 2 Significant Locations Visits on 01/29/2020 that were relevant to the timeframe in question. This service is used to track recent locations of the device, along with other information when enabled. The first entry displayed a location of (36.1908971200012, -86.6289718630081) with an Entry Time of 01/29/2020 2:14pm and Exit Time of 01/29/2020 3:34pm. The accuracy of this location is within about 14 meters. A screenshot of this entry, along with metadata is provided in Exhibit 3. The coordinates from the location have been searched using Google Maps, and a screenshot of this search has been provided as Exhibit 4. The coordinates return a location very near to Planet Fitness of Hermitage, at the address 3434 Lebanon Pike, Hermitage, TN 37076. It has been explained to me that Mr. Vonhartman is a member of this recreational facility. A screenshot of a Google Maps search for Planet Fitness of Hermitage can be found at Exhibit 5 for comparison. The second location entry displayed a location of (36.1432659691464, -86.6276381594795) with an Entry Time of 01/29/2020 3:48PM and Exit Time of 01/29/2020 7:17PM. The accuracy of this location is within about 15 meters. A screenshot of this entry, along with metadata is provided in Exhibit 6. The coordinates from the location have been searched using Google Maps, and a screenshot of this search has been provided as Exhibit 7. The coordinates return the address 3808 Lakeridge Run, Nashville, TN 37214. It has been explained to me that this is Mr. Vonhartman’s residential address. 1201 DEMONBREUN ST. STE 930 615.238.3539 NASHVILLE, TN 37203 WWW.LOGICFORCE.COM EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk If we can ever be of assistance to you in the future, please do not hesitate to call. Best regards, Donnie Tennant Digital Forensic Investigator LOGICFORCE 615-933-4322 dtennant@logicforce.com 1201 DEMONBREUN ST. STE 930 615.238.3539 NASHVILLE, TN 37203 WWW.LOGICFORCE.COM JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk Curriculum Vitae Donald F. Tennant III SUMMARY 1201 Demonbreun St, Ste 930 Nashville, TN 37203 Telephone: 615-933-4322 Email: dtennant@logicforce.com Digital forensics and cyber security experience since 2016 Versed in a variety of forensic tools and collection methods Collected and analyzed data from diverse sources WORK EXPERIENCE LogicForce Consulting, LLC; Nashville, Tennessee Digital Forensic Investigator; June 2018 to Present Manage evidence and maintain chain of custody for hundreds of cases Acquire and analyze electronically stored information using industry standard tools and forensically sound procedures Verify and test findings using multiple artifacts, forensic tools and information sources Work with clients to develop legal documents such as subpoenas and affidavits FORMAL EDUCATION Bachelor of Science in Digital Forensics Bloomsburg University; Bloomsburg, PA; May 2018 CERTIFICATIONS & CCPA - Cellebrite Certified Physical Analyst AWARDS Cellebrite, 2018 CCO Cellebrite Certified Operator Cellebrite, 2018 ACE Access Data Certified Examiner Access Data, 2020 DSMO DS Certified Mobile Operator Paraben Corporation, 2018 PUBLICATIONS Is Your Investigation Uncovering All Digital Evidence Related to Your Case? LOGICFORCE, February 2020 https://www.logicforce.com/2020/02/10/is-your-investigation-uncovering-all-digital-evidence-related-toyour-case-heres-where-to-look/ Three Reasons Your Case May Require a Digital Forensics Partner LOGICFORCE, March 2019 Co-Author http://www.logicforce.com/blog/detail/digital-evidence-collection-practices-of-successful-attorneys CONFERENCES ATTENDED BloomCon 0x03 Computer Security & Forensics Conference Bloomsburg University, PA; April 2018 GrrCon Cyber Security Summit & Hacker Conference Grand Rapids, MI; October 2017 SPECIALIZED TECHNOLOGY INVESTIGATIONS TRAINING SAE CyberAuto Challenge (40 hours) Warren, MI; July 2017 Tennant, F. Donald 1 EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk SPEAKING ENGAGEMENTS Knowing When to Say When: Discovery Technologies That Can Help Your Client Nashville Bar Association, Nashville, TN November 2019 Lifting the Veil: Digital Evidence for the Legally Minded Vanderbilt University, Nashville, TN March 2019 Electronic Discovery: Mobile & Social Media Nashville School of Law, Nashville, TN January 2020 KempVanEe, James R. 2 JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk Exhibit 2 iPhone summary timeline for 01/29/2020 from 2:14pm-7:17pm Central Device: iPhone X 256GB S/N: GHLYX3FJJCL7 2:14pm-3:34pm: Significant Location Entry for coordinates: (36.1908971200012, 86.6289718630081) Accuracy = 14m. This entry is consistent with the device being at Planet Fitness at 3434 Lebanon Pike, Hermitage, TN 37076. o 2:14pm – 2:44pm: Device enters location at above coordinates, Device is unlocked 9 times, received 1 email, and received 11 text messages. The device recorded 298 steps (170.94m) was traveled. o 2:45pm – 3:15pm: Device is unlocked 14 times, received 1 email, sent 5 text messages, and received 12 text messages. The device recorded 188 steps (111.82m) was traveled. o 3:16pm – 3:47pm: Device exits location at above coordinates (3:34pm), Device is unlocked 12 times, connected to an accessory cable 1 time (3:33pm-4:44pm), received 1 email, sent 2 phone calls, sent 1 text message, and received 20 text messages. The device recorded 645 steps (419.84m) was traveled. 3:48pm - 7:17pm: Significant Location Entry for coordinates (36.1432659691464, 86.6276381594795) Accuracy = 15m. This entry is consistent with the device being at Mr. Vonhartman’s residential address at 3808 Lakeridge Run, Nashville, TN 37076. o 3:48pm – 4:30pm: Device enters location at above location, device is unlocked 15 times, connected to an accessory cable 1 time (4:09pm-4:23pm), received 2 phone calls, sent 2 emails, received 1 email, sent 9 text messages and received 24 text messages. The device recorded 704 steps and 2 floors (485.97m) was traveled. EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk o 4:31pm – 5:00pm: Device is unlocked 7 times, connected to accessory cable 1 time (4:51pm-4:59pm), received 1 phone call, received 8 emails, sent 8 text messages, received 15 text messages. The device recorded 56 steps (35.53m) o 5:01pm – 5:40pm: Device is unlocked 5 times, device connected to accessory cable 5 times, (5:00pm-5:04pm), (5:07pm-5:09pm), (5:10pm-5:16pm), (5:17pm-5:17pm) (5:31pm-5:39pm), received 1 email, sent 13 text messages, and received 18 text messages. The device recorded 263 steps (178.81m) was traveled. o 5:41pm – 6:41pm: Device is unlocked 9 times, connected to accessory cable 2 times (5:50pm-6:05pm), (6:14pm-6:41pm), received 2 emails, sent 2 emails, sent 34 text messages, and received 28 text messages. The device recorded 256 steps (167.38m) was traveled. o 6:42pm – 7:17pm: Device exits location at above coordinates (7:17pm), unlocked 10 times, connected to an accessory cable 3 times (6:50pm-6:53pm), (7:02pm-7:08pm), (7:09pm-7:11pm), received 1 phone call, received 1 email, sent 7 text messages, and received 18 text messages. The device recorded 494 steps and 1 floor (324.3m) was traveled. JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 200740 Richard R. Rooker, Clerk Planet Filnesao Altitude Trampoline Park Nashville Local User Intel (931.5163)? LOCATIONS aperaang System Vicinity Exit nata?'me: #2912020 semi pin CREATE Report-t remain .5 Lucat User Intel {931.51 SIGNIFICANT VISITS Operating System Vicinity Exit Datea?Tinie 10:30:Map Satellite I..I Map data @2520 Euagle Terms cr' Use Report a map errar Vicinity Entry Datamm 1129mm 2:14:45 PM VicinityI Entr}.I Date-?Time AM PhysicalDriveI Intel (931.51 GB) DETAILS IN FDRMATIDN Local User VicinityI Dater'Tirne Vicinity Exit Datei?Time Created Dater'Time Latitude Longitude Accuracy Luca! User Intel Optane [931.51 ?29.12020 2:14:45 PM HEWZDEI) 3:34:45 PM 3:44:52 PM -B?.6289?t863m81 "1'2 EVIDENCE INFO RMHTION Source Fleccuven?r ethc: cl Deleted source Location Evidence number PhysicalDrivef - Partition 2 {Microsoft NTFS. 931.5 {58) DATA {Dix} - [RDDT?Staged Data?tCarl?tprivate ?LLucalsqlite Parsing Table: 619002} PhysicalDrivet lntel 0ptane+931GBS?D {931.51 (3 IE) JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk (9&6 i Learning Academy (?wc Wilherow Orthodontics Lebanon Road Animal Hospilal Hermitage 9 Strike and Spare 1127.2 as 37 44.3 Legends 36.190889, 436628972 Directions Save Nearby Send to your Share phone Planet Hiness 9 Hermitage, Nashville. TN 3mm I- 5 I Nashville, Tennessee Allilude Trampoline 9 9+ Add a missmg place Park Nashville Add your business Add a label Photos Nash Vegas Bar Cosmc TIlIeMax Title Loans 9 JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Rooker, Clerk (- "3 i goo-glecomfmaps/place/Planet+ =E4m5i3m4! 1 50x8864635 cfb28d805?x2a46e79a 36.628884? Planet Fitness, Lebanon Pike. He Planet Fitness i: a: a: a: [5751 y; 0696) Directions Save Nearby Sent: to your phone 3434 Lebanon Pike, Hermitage TN 370% Hermitage, Nashville, TN planet?tness . com 5} 9446900 Manage this listing Add a label El Suggest an edit Popular times Thursdays No: busy Share Hermitage 9 Strike and Spare Legends Bar 3. Grill 0 Planet Fitnesa Altitude Trampoline Park Nashville Nash Vegas Bar Learning Acadia Wilhercw LebanOn Road Animal Hospital COS TilleMax Title Loans 9 JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 20C740 Richard R. Lo?? ?ger'd?hys'cal?rh? Gilli} SIGNIFICANT LOCATIONS VISITS Operating System Vicinity Exit DateFTIme: 199112020 PM REPORT EXPORT Local User thysicalDriv? Intel {931.51 GB): SIGNIFICANT LOCATIONS VISITS Operating System 1Ii'icinity Exit Date?ime 5:19:21 PM Local User ?PhysicalDriue1 Intel Gptane+931GI355D {931.51 Rooker, Clerk 1 Map Sate-Elite Map data @1020 Terms 0? Use Hep-art a map error Vicinity Enty BateWme 1129:2021} 3:48:31] PM Vicinity Dater'Tirne 5:02:52-t FM PhysicalDrive? Intel (931.51 DETAILS ARTIFACI IN FORMATION Local User 1ul'icinity Entry Datex'Tirne Vicinity Exit Datef'l'ime Created Datei'Tirne Latitude Longitude AccuracyI Local User Intel Gptane [931.51 1.1290020 3:48:30 PM 1112912020 7:123:05 PM 1f29f202?0 10:43:56 9M 35.143265915914541 ?0?i.62?6381594?95 1d-605144?038392 EVIDENCE INFORMATION Source Recovery Method Deleted source Location Evidence nurn er PhysicalDrivel Partition 2 [Microsoft 931.5 GB) DATA Data?LCarl'iprivabe Parsing Table: 6183'47] PhysicalDrive'l Intel {931.51 (9 (E) JSIOJ bW CVBE SOCLVO CIGLK EFILED 03/27/20 12:01 PM CASE NO. 200740 Richard R. Rooker, Clerk (- 36.1 4-3266. {36.627638 0 RE.) Directions Save Nearby Sena toys-qr 3808 Laxeridge Run. Nashville. TN 37215. dgvmaw Nashville. Tennessee Add a missmg place Add yourbusiness Add a label Ph 0165 i Share eriur'aliorie :9 rs Church reekgtone Aparlmerils 9 . SQUARE -RHILL HICKORY DollarGenemJ 7:1 A 9 Chad." El Argosy HICKORY BEND WATERFALLS PARK FuedLich sairExpeer El VILLAGES 0F LARCHWOOD Shann' Nashville And See Memphis Toms 1 1 A 0 LL A Ike Baulis1 Church Terrace Park Townhomeso -. I 67:, Elm rmr?lke Elm Hll'l'p'lr'e A A g: A r: ?30?095 REELFOOT .?iTRAILwoon Nashville Kiltzlien and Bath 1 . Thornloias E) if! 'gx-Q? The Arbours 019 Hermitage Apurlmen! - . Bell Rd Stones River Dog Park 0 Percy Priest Lake Park I 'g ,d Treelocl Advenlure Park I SIOHES River I Greenway Trail Head ?33 Shores Lakeside Resorl ?r;rc.y' lake Percy Priest Lake 9 Pom! Wine Hermitage Island THE TRAILS APARTMENTS 9m: Fries! Lake Aparimems LINCOYA BAY Gooselsland WILLIAMS BEND TOWNHOMES cook public use park Cook Public Use Area Elm Island