The eBay Stalking Saga Ends in Settlement — But Not Closure
UPDATE 4-9-26
Following a sealed, ex parte status conference regarding outstanding legal fees owed to the Steiners' previous attorney, Rosemary Scapicchio, Judge Saris has extended the deadline to finalize the eBay stalking scandal civil settlement to May 29, 2026.
UPDATE 3-26-26
The Steiners' current counsel has now responded, providing their timeline on the question of fee apportionment in the eBay stalking scandal settlement, saying Scapicchio's allegations are premature & asking Judge Saris to take no further action at this time.
UPDATE 3-18-26
The Steiners' previous attorney, Rosemary Scapicchio is asking Judge Patti Saris to hold off on dismissing the eBay stalking civil suit even if the agreement is completed within 60 days, citing outstanding legal bills and lack of cooperation from the plaintiffs and their current counsel.
Scapicchio had represented the Steiners from the initial filing of the lawsuit in 2021 through May 2024, when she was replaced by lawyers at Boston-based personal injury firm Diller Law.
Liz Morton
At the time of the switch up, Scapicchio filed a lien on any eventual judgement or settlement to secure payment for the work she had already done on the case.
Her letter to Judge Saris this week seeks the court's assistance in enforcing that lien, saying the Steiners' current counsel has refused to discuss the matter.
According to Scapicchio:
On Febniary 25, 2026, the Court entered a Settlement Order of Dismissal to dismiss the action "without costs and without prejudice to the right of any party, upon good cause shown, to reopen the action within (60) sixty days if settlement is not consummated."
My office has attempted good-faith discussions regarding the terms of the settlement and has further offered to execute a confidentiality agreement regarding the same, but Plaintiffs' counsel has refused to disclose any settlement terms subject to a confidentiality agreement or otherwise.
My office has reaffimied the existence ofthe Attorneys' Lien and placed Plaintiffs' counsel on notice oftheir required restraint from disbursing settlement proceeds for attorneys' fees and expenses until the pending issue has been resolved.
Scapicchio went on to suggest that if the court does not want to keep the case open, it could dismiss it but keep jurisdiction until the fee issue is resolved.
In response, Judge Saris has issued an order requiring the Steiners' current counsel to respond to Scapicchio's letter by March 26, 2026.
The eBay stalking scandal civil suit has been settled just days ahead of March 2 trial date, bringing 5 year court battle to a close while many questions still linger.
The bizarre corporate plot unfolded in August 2019, targeting journalists Ina and David Steiner for their reporting on eBay at EcommerceBytes and seeking to unmask the identity of unsuckEBAY (also known as FidoMaster/Dan Davis), an anonymous source and commenter who also sparked the ire of top executives at the company.
Court records revealed sordid details of the stalking and harassment campaign that included disturbing deliveries of live insects, bloody pig masks and funeral wreaths as well as threatening messages, doxxing that ultimately escalated to in-person surveillance and an attempted break-in at the hands of high-level eBay security personnel led by Jim Baugh.
Baugh, Director of Global Resiliency David Harville, Security Manager Philip Cooke, Sr Manager Special Operations Brian Gilbert, Sr Manager Global Intelligence Stephanie Popp, Global Intelligence Manager Stephanie Stockwell, and Security Analyst Veronica Zea all pleaded guilty and were sentenced for their roles in these crimes.
eBay signed a deferred prosecution agreement with the Department of Justice that forced the company to admit to a detailed recitation of all the relevant facts involving six felony offenses with eBay paying a $3 Million fine and undergoing 3 years of enhanced compliance monitoring in order to avoid further criminal prosecution related to this matter.
But importantly, that $3 Million was paid to the US Treasury, not the victims, leaving the Steiners to pursue compensation through the civil court system.
The Steiners filed suit in 2021, naming the seven criminal defendants plus eBay, ex-CEO Devin Wenig, ex-Communications Chief Steve Wymer, ex-SVP Global Operations Wendy Jones, and security company Progressive F.O.R.C.E Concepts (PFC) and claiming direction and support for the harassment came from the very top of eBay's c-suite.
PFC had the claims against them dismissed in summary judgement and the Steiners later inked deals with Baugh, Cooke, Popp, Stockwell and Zea to release them from the lawsuit in exchange for their willingness to testify against the executive defendants.
The trial against eBay, Wenig, Wymer and Jones had been set to start January 5, 2026 but was moved to March 2 after Wenig's attorney, Abbe Lowell, claimed last minute scheduling conflicts.
Liz Morton
Now, just days before that trial was set to begin jury selection, it appears the parties have settled, with the court reporting the lawsuit has been dismissed without costs and without prejudice - but holding open the possibility it could be reopened in 60 days if the settlement is not completed within that time.
The settlement comes after a February 11th hearing where District Judge Patti B. Saris once again lamented the "daunting" logistical challenges of the multi-defendant trial, citing concerns with courtroom space, jury management, potential weather disruptions, and scheduling conflicts.
Judge Saris also made one last (apparently successful) effort to encourage settlement, admonishing the parties "if there's going to be any last minute settlement...we're bringing in a lot of jurors and it would be very troubling...to have that happen Friday at noon before we impanel would be a big issue."
While the settlement may bring this suit to an end, corporate governance, compliance and disclosure issues still linger for the company - including questions about oversight and supervision of the criminal employees, overlapping sabbaticals for Wenig and Jones during the time the crimes occurred, messaging around Wenig's departure and severance package, and disclosure of potentially material financial impacts of the litigation to investors.
Liz Morton
Terms of the settlement have not been disclosed and parties did not respond to request for comment as of time of publishing.
