In Re: Automatic Funds Transfer Services, Inc. Data Breach Litigation
| Barbara Trevino |
| Automatic Funds Transfer Services, Inc. |
| 2:2021cv01567 |
| February 19, 2021 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Michael R Wilner |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 20
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. Rule 26 Meeting Report due by 7/16/2021. Scheduling Conference set for 7/26/2021 at 01:30 PM before Judge John A. Kronstadt. (tj)
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Filing 19
ORDER RE STIPULATION TO CONSOLIDATE ACTIONS AND SET SCHEDULING DEADLINES (DKT. #18 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The Trevino, Blain, and Atachbarian actions currently pending in this District shall be consolidated for pre-trial purposes under Fed. R. Civ. P. 42(a) before this Court. (1) All papers filed in the Consolidated Action shall be filed under Case No. 2:21-cv-01567-JAK-MRW and shall bear the following caption: Master Fil No. 2:21-cv-01567 JAK-MRW. IN RE: AUTOMATIC FUNDS TRANSFER SERVICES, INC. DATA BREACH LITIGATION. (2) The case file for the Consolidated Action will be maintained under Master File No. 2:21-cv-01567-JAK-MRW. (3) Any attorney(s) who has filed or entered an appearance in an action in the Related Actions may file an application for appointment as interim class counsel or other designated counsel either individually or as part of a proposed leadership structure, which must be e-filed in the Master File No. 2:21-cv-01567-JAK-MRW, no later than seven (7) calendar days from the date of this Order. (5) Plaintiffs shall file a Consolidated Complaint no later than thirty (30)days following entry of an order granting this stipulation. (8) The motion to dismiss filed in Trevino (Dkt. #11 ) is withdrawn without prejudice to Defendant AFTSs right to respond to a Consolidated Complaint. (9) Provided AFTS complies with C.D. Cal. L.R. 6-1 in noticing or serving an amended notice to any motion to dismiss, the Court grants AFTS leave to re-notice 7/6/2021 as a hearing date for a motion to dismiss the Consolidated Complaint or for amending its current motion to dismiss to respond to the Consolidated Complaint. (See Order for further specifics). (jp)
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| Filing 18 STIPULATION to Consolidate Cases as to 2:21-cv-02596-JAK-MRW, 2:21-cv-02645-JAK-MRW filed by Plaintiff Barbara Trevino. (Attachments: #1 Proposed Order)(Wolfson, Tina) |
| Filing 17 NOTICE of Related Case(s) filed by Plaintiff Barbara Trevino. Related Case(s): 2:21-cv-02596-JAK-MRW, 2:21-cv-02645-DSF-MAA (Wolfson, Tina) |
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Filing 16
ORDER by Judge John A. Kronstadt granting #14 , #15 Non-Resident Attorney Andrew W Ferich APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Barbara Trevino, designating Tina Wolfson as local counsel. (jp)
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| Filing 15 Corrected APPLICATION of Non-Resident Attorney Andrew W. Ferich to Appear Pro Hac Vice on behalf of Plaintiff Barbara Trevino (Pro Hac Vice Fee - $500 Previously Paid on 3/22/2021, Receipt No. 30962735) filed by Plaintiff Barbara Trevino. (Attachments: #1 Proposed Order) (Wolfson, Tina) |
| Filing 14 APPLICATION of Non-Resident Attorney Andrew W. Ferich to Appear Pro Hac Vice on behalf of Plaintiff Barbara Trevino (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30962735) filed by Plaintiff Barbara Trevino. (Attachments: #1 Proposed Order) (Wolfson, Tina) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case under Rules 12(b)(1) and 12(b)(6) #11 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 12 NOTICE of Interested Parties filed by Defendant Automatic Funds Transfer Services, Inc., identifying Eric S. Johnson and Hiscox (Underwriters at Lloyd's, London). (Stracener, Brandon) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case under Rules 12(b)(1) and 12(b)(6) filed by Defendant Automatic Funds Transfer Services, Inc.. Motion set for hearing on 7/26/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum Brief ISO Motion to Dismiss, #2 Declaration Declaration of Brandon V. Stracener ISO Motion to Dismiss with Exhibits, #3 Supplement Request for Judicial Notice) (Stracener, Brandon) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Automatic Funds Transfer Services, Inc. answer now due 4/14/2021, re Service of Summons and Complaint Returned Executed (21 days), #9 filed by Defendant Automatic Funds Transfer Services, Inc..(Attorney Brandon Stracener added to party Automatic Funds Transfer Services, Inc.(pty:dft))(Stracener, Brandon) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Barbara Trevino, upon Defendant Automatic Funds Transfer Services, Inc. served on 2/22/2021, answer due 3/15/2021. Service of the Summons and Complaint were executed upon Eric S. Johnson, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Wolfson, Tina) |
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Filing 8
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj)
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| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew W. Ferich. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Automatic Funds Transfer Services, Inc. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Michael R. Wilner. (lh) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Barbara Trevino, (Wolfson, Tina) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Barbara Trevino. (Wolfson, Tina) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30617493 - Fee: $402, filed by Plaintiff Barbara Trevino. (Attachments: #1 Civil Cover Sheet) (Attorney Tina Wolfson added to party Barbara Trevino(pty:pla))(Wolfson, Tina) |
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