McKamey v. Hulu, LLC et al

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
RUSS McKAMEY
Plaintiff,
v.
JUSTIN YERACE,
Defendant.
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Case No. 1:24-cv-000037
Judge Aleta A. Trauger
ORDER
For the reasons set forth in the accompanying Memorandum, plaintiff Russ McKamey’s
Motion for Partial Summary Judgment (Doc. No. 112), which seeks judgment as to liability but
not as to the quantification of any damages on each of the claims remaining at issue in this lawsuit,
is GRANTED IN PART AND DENIED IN PART.
Specifically, the motion is GRANTED as to the defendant’s liability on Counts Two and
Five of the Complaint, which set forth a federal claim for violation of the Stored Communications
Act and a Tennessee common law claim for invasion of privacy through unreasonable publicity to
private life. The court FINDS AND ADJUDGES that the defendant is liable to the plaintiff as a
matter of law on these two claims, with the issue of the quantification of damages to be resolved
at trial.
The motion is DENIED with respect to Counts One, Eight, and Nine of the Complaint, for
violation of the federal Computer Fraud and Abuse Act and the Tennessee Personal and
Commercial Computer Act, and intentional infliction of emotional distress. Material factual
disputes preclude summary judgment for the plaintiff on these claims.
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This case remains set for trial on February 17, 2026. However, the court hereby ORDERS
the parties to engage in a mediation prior to trial, given the rulings herein and a realistic view of
what amount of damages the defendant could pay, if any are awarded.
The parties SHALL file a joint mediation report by January 22, 2026 that informs the
court of the date of the mediation and the name of the mediator.
It is so ORDERED.
ALETA A. TRAUGER
United States District Judge
Case 1:24-cv-00037 Document 140 Filed 01/15/26 Page 2 of 2 PageID #: <pageID>