Whelan et al v. Webster Financial Corporation
| Frederick F. Whelan, Jr., Madeline Whelan, Justin Friar, Paul Courey, Rayna Fedorczyk, Maria Melo, Bruce Sypniewski, Cecilia Sypniewski and Perry Baker |
| Webster Bank Financial Corporation and Webster Financial Corporation doing business as Webster Bank |
| 3:2023cv00567 |
| May 2, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Sarala V Nagala |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 23 MOTION for Attorney(s) BRIAN C. GUDMUNDSON to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7399125) by Perry Baker. (Attachments: #1 Exhibit A - Affidavit in Support and Certificate of Good Standing)(Sloss, Ian) |
| Filing 22 NOTICE of Appearance by Ian Wise Sloss on behalf of Justin Friar, Paul Courey, Rayna Fedorczyk, Maria Melo, Bruce Sypniewski, Cecilia Sypniewski, Perry Baker (Sloss, Ian) |
| Filing 21 NOTICE of Appearance by Raina C Borrelli on behalf of Frederick F. Whelan, Jr, Madeline Whelan (Borrelli, Raina) |
Filing 20
ORDER granting in part #10 Motion to Consolidate Cases. Presently before the Court is Plaintiff's motion to consolidate this action with three other actions pending in this Court, as well as Plaintiff's request that the Court appoint interim class counsel. After receipt of this motion, the Court instructed the parties in each of the other pending actions to file a notice indicating whether there were any objections to the motion for consolidation. All parties indicate that they agree the actions should be consolidated. For the following reasons, the Court will GRANT that part of the motion and consolidate all further proceedings in the actions. Consolidation of actions is governed by Federal Rule of Civil Procedure 42(a), which provides that, "[i]f actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial or any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay." The Second Circuit has noted that Rule 42 "should be prudently employed as a valuable and important tool of judicial administration." Devlin v. Transportation Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999) (quotation marks omitted). The district court has broad discretion to determine whether consolidation is appropriate, and considerations of judicial economy generally favor consolidation. Johnson v. Celotex Corp., 899 F.2d 1281, 1284-85 (2d Cir. 1990) (citations omitted). Here, it is clear that each of the four actions in question have common questions of law and fact. Specifically, each of the actions alleges that Defendant failed to adequately protect the personal identifying information of the Plaintiffs, which led to the information being stolen. Each of the complaints also assert similar causes of action including negligence and breach of contract, among others. As such, each of these litigations will involve substantially similar discovery and motion practice, and it will clearly promote judicial economy if they were consolidated. Moreover, and importantly, there has been no claim by any party to any of the litigations that it will be prejudiced in any way, should the Court choose to consolidate these actions. Finally, that one of the complaints contains allegations of a class containing potentially different Plaintiffs than the other three cases does not render consolidation inappropriate. See Simmons v. Spencer, No. 13 CIV. 8216 RWS, 2014 WL 1678987, at *2 (S.D.N.Y. Apr. 25, 2014). The precise contours of the class, and whether there are to be any subclasses, can and will be determined at a later date. Therefore, the motion to consolidate is GRANTED and Whelan et al. v. Webster Financial Corp., 3:23-cv-00567-SVN (D. Conn.), Friar et al. v. Webster Financial Corp., 3:23-cv-00628-SVN (D. Conn.), Baker v. Webster Financial Corp., 3:23-cv-00666-SVN(D. Conn.), and Sypniewski v. Webster Financial Corp., 3:23-cv-00680-SVN (D. Conn) are consolidated for all purposes, including trial. Plaintiffs' motion to consolidate also requests appointment of Attorneys Borrelli, Sloss, Pizzirusso, and Gudmundson as interim co-lead class counsel. Plaintiff's motion is DENIED without prejudice insofar as it seeks appointment of interim co-lead class counsel. As of the date of this order, neither Attorneys Borrelli nor Gudmundson have appeared in any of the pending actions. Moreover, the law firm of Koskoff Koskoff & Bieder, PC, has entered an appearance in this action, and has filed the instant motion for consolidation. They have not, however, requested to be interim class counsel. It is unclear to the Court if they wish to withdraw from this case, or remain involved in some other capacity. Plaintiffs may renew their motion for appointment of interim co-lead class counsel by July 7, 2023. All deadlines currently in place, including those for Defendant's answer and the parties' Rule 26(f) report, are hereby vacated and will be reset upon appointment of interim co-lead class counsel. In light of this order, Defendant's Motion to Stay Proceedings, ECF No. 17, is DENIED AS MOOT. Signed by Judge Sarala V. Nagala on 6/28/23. (Marks, Joshua)
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Filing 19
ORDER granting #18 Motion for Attorney Raina C. Borrelli to be Admitted Pro Hac Vice. Signed by Clerk on 6/23/2023. (Mendez, D)
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| Filing 18 MOTION for Attorney(s) Raina C. Borrelli to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7390803) by Frederick F. Whelan, Jr, Madeline Whelan. (Attachments: #1 Exhibit A, #2 Certificate of Good Standing)(Fitzpatrick, Kelly) |
| Filing 17 MOTION to Stay Proceedings by Webster Financial Corporation.Responses due by 7/6/2023 (Greenspoon, Lauren) |
| Filing 16 NOTICE by Webster Financial Corporation re 15 Order, Re: Plaintiffs' Motion For Consolidation (Greenspoon, Lauren) |
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Filing 15
ORDER. In its response to Plaintiff's motion to consolidate due June 23, 2023, Defendant need not address at this time the request to appoint interim class counsel. The Court will consider that issue after deciding whether to consolidate the various pending actions. Signed by Judge Sarala V. Nagala on 6/13/23. (Marks, Joshua)
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Filing 14
ORDER denying without prejudice #9 Motion for Attorney Borrelli to be admitted pro hac vice. Local Rule 83.1(d)(1)(b) requires a visiting attorney to identify the bar identification number of the bar of each court of which the attorney is a member, or state that no such number has been assigned. Although Attorney Borrelli represents that she is a member of the bars of various courts, see ECF No. #9 at 5, the motion does not identify the bar numbers assigned by those courts or otherwise indicate that no bar numbers have been assigned. The motion may be refiled in compliance with the Local Rules. Signed by Judge Sarala V. Nagala on 6/9/2023. (Rennie, Carolyn)
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| Filing 13 NOTICE of Related Case by Webster Financial Corporation (Greenspoon, Lauren) |
| Filing 12 Disclosure Statement by Webster Financial Corporation. (Greenspoon, Lauren) |
| Filing 11 NOTICE of Appearance by Lauren R. Greenspoon on behalf of Webster Financial Corporation (Greenspoon, Lauren) |
| Filing 10 MOTION to Consolidate Cases. Case to be consolidated with 3:23-cv-00628-JCH, 3:23-cv-00666-JAM and 3:23-cv-00680-SVN by Frederick F. Whelan, Jr, Madeline Whelan.Responses due by 6/23/2023 (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Fitzpatrick, Kelly) |
| Filing 9 MOTION for Attorney(s) Raina C. Borrelli to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7368068) by Frederick F. Whelan, Jr, Madeline Whelan. (Attachments: #1 Exhibit A)(Fitzpatrick, Kelly) |
| Filing 8 WAIVER OF SERVICE Returned Executed as to Webster Financial Corporation waiver sent on 5/23/2023, answer due 7/22/2023 filed by Frederick F. Whelan, Jr; Madeline Whelan. (Fitzpatrick, Kelly) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Webster Financial Corporation* with answer to complaint due within *21* days. Attorney *Kelly A. Fitzpatrick* *Koskoff Koskoff & Bieder, PC* *350 Fairfield Avenue* *Bridgeport, CT 06604*. (Mendez, D) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement, #4 Electronic Filing Order, #1 Complaint, filed by Frederick F. Whelan, Jr., Madeline Whelan, #5 Protective Order. Signed by Clerk on 5/3/2023. (Mendez, D) |
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 5/3/2023. (Mendez, D)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 5/3/2023. (Mendez, D)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 7/2/2023. Discovery due by 11/2/2023. Dispositive Motions due by 12/7/2023. Signed by Clerk on 5/3/2023. (Mendez, D)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/3/2023.(Anastasio, F.) |
| Filing 1 COMPLAINT against Webster Financial Corporation ( Filing fee $402 receipt number ACTDC-7334120.), filed by Frederick F. Whelan, Jr., Madeline Whelan. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Fitzpatrick, Kelly) Modified on 5/3/2023 to correct party name (Anastasio, F.). |
| Request for Clerk to issue summons as to Webster Financial Corporation. (Fitzpatrick, Kelly) Modified on 5/3/2023 to correct party name (Anastasio, F.). |
| Judge Sarala V. Nagala and Judge Thomas O. Farrish added. (Freberg, B) |
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