220, 225 (6th Cir. 1979). Insofar as the plaintiffs seek to avoid pleading a material misrepresentation in the scheme to defraud, their reliance on Warshak is misplaced. See O'Donnell. 622 F.3d at 657. In any event. Warshak and Van Dyke are easily distinguishable. In Warshak. the court relied on specif

arranted intrusions upon privacy". West End, 321 F.Supp.2d at 960, quoting Andresen v. Maryland, 427 U.S. 463, 482 n.I I (1976). Most recently, in Warshak v. United States, 2007 WL 1730094 (6th Cir. June 18, 2007), the Sixth Circuit, in the context of upholding a Fourth Amendment challenge to the prov