Polak v. Finastra Technology, Inc.
| Elizabeth Polak, T. H., Benjamin Merideth, Shapelle Cole, John Nyland, Thomas Weimer, Baitul Javid, Jacob Kalabich, Donna Koney, Henry Koney, Robert Murray, Cassandra West and Lisette Atiles |
| Finastra Technology, Inc. |
| 6:2025cv01284 |
| July 11, 2025 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2026. A more recent docket listing may be available from PACER.
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Filing 55
ORDER re #44 Plaintiff Cassandra West's Notice of Voluntary Dismissal Without Prejudice. Plaintiff Cassandra West's claims against Defendant Finastra Technology, Inc. are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to terminate Cassandra West as a party from the consolidated case. Signed by Judge Paul G. Byron on 1/6/2026. (GML)
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| Filing 54 NOTICE OF SELECTION of Jill. R. Sperber as mediator by Baitul Javid, Benjamin Merideth, Robert Murray. (Weekes, Mariya) |
| Filing 53 MOTION to Dismiss for Failure to State a Claim by Finastra Technology, Inc.. (Scheck, Paul) |
| Filing 52 Joint MOTION for Miscellaneous Relief, specifically to Extend Deadlines in Case Management and Scheduling Order by Finastra Technology, Inc. (Scheck, Paul) Modified on 12/29/2025 to edit the docket text (MLB). |
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Filing 51
ENDORSED ORDER granting #49 Motion to Appear Pro Hac Vice. Amina A. Thomas is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 12/23/2025. (Irick, Daniel)
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| Filing 50 DECLARATION of Amina A. Thomas re #45 Order to show cause by Cassandra West. (Attachments: #1 Exhibit A-Letter to Client)(Ostrow, Jeff) |
| Filing 49 Unopposed MOTION for Amina A. Thomas to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24259709 for $150 by Cassandra West. (Ostrow, Jeff) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 48 CASE REFERRED to Mediation. (MSN) |
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Filing 47
ORDER. This cause is before the Court on the Case Management Report filed by the parties (Doc. #43). The report indicates that the parties have not yet agreed on a mediator. Therefore, the parties are directed to confer and advise the Court on the selection of a mediator and the mediation date within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 12/19/2025. (KM)
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/30/2026. Joinder of Parties due by 1/30/2026. Discovery due by 12/1/2026. Dispositive motions due by 1/4/2027. Pretrial statement due by 4/19/2027. All other motions due by 4/26/2027. Plaintiff disclosure of expert report due by 10/5/2026. Defendant disclosure of expert report due by 11/2/2026. Final Pretrial Conference set for 5/18/2027 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 6/1/2027 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 12/14/2026. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 12/19/2025. (KM)
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Filing 45
ORDER to show cause as to Amina Thomas. On November 4, 2025 the Court entered an Order directing attorney Amina Thomas to comply with the administrative procedures regarding electronic filing within thirty (30) days. (Doc. #41). Attorney Amina Thomas has failed to comply with the Court's Order and the time to do so has now passed. Therefore, it is ORDERED that Amina Thomas shall SHOW CAUSE within fourteen (14) days why sanctions should not be imposed for failure to comply. Failure to respond to this Order will result in sanctions without further notice from the Court. Signed by Judge Paul G. Byron on 12/15/2025. (KM)
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| Filing 44 NOTICE of voluntary dismissal by Cassandra West (Weekes, Mariya) |
| Filing 43 CASE MANAGEMENT REPORT. (Scheck, Paul) |
| Filing 42 AMENDED COMPLAINT ; Consolidated against Finastra Technology, Inc. with Jury Demand. filed by Baitul Javid, Robert Murray, T. H., Benjamin Merideth. (Attachments: #1 Exhibit A - Baitul Javid Notice Letter, #2 Exhibit B - Robert Murray Notice Letter, #3 Exhibit C - Tina and Bryan Hughes Notice Letter)(Weekes, Mariya) Modified text on 11/14/2025 (ABM). |
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Filing 41
ORDER for Amina A. Thomas to comply with the administrative procedures regarding electronic filing within thirty days of the date of this Order. Signed by Judge Paul G. Byron on 11/4/2025. (KM)
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Filing 39
ORDER granting in part and denying in part #34 Joint Motion for Entry of Preliminary Scheduling Order and Extension of Deadline to File Case Management Report. Plaintiffs may file a consolidated consumer class action complaint. Plaintiffs shall file their consolidated consumer class action complaint on or before November 13, 2025. Once filed, Defendant shall file its response to the consolidated consumer class action complaint on or before December 29, 2025. The parties shall file their Case Management Report on or before November 28, 2025. The #34 Motion is DENIED in all other respects. See Order for further details. Signed by Judge Paul G. Byron on 10/14/2025. (GML)
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Filing 38
ORDER granting #23 Motion to Appoint Interim Leadership Counsel. Mariya Weekes of Milberg Coleman Bryson Phillips Grossman, PLLC and Jeff Ostrow of Kopelowitz Ostrow P.A. are appointed as interim, co-lead class counsel in thisconsolidated action. Signed by Magistrate Judge Daniel C. Irick on 10/7/2025. (TNP)
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Filing 37
ENDORSED ORDER granting #35 Motion to Appear Pro Hac Vice; granting #36 Motion to Appear Pro Hac Vice. Steven M. Nathan and James J. Pizzirusso are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 10/2/2025. (Irick, Daniel)
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| Filing 36 Unopposed MOTION for James J. Pizzirusso to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23946235 for $150 by Lisette Atiles. (Pizzirusso, James) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 35 Unopposed MOTION for Steven M. Nathan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23946230 for $150 by Lisette Atiles. (Nathan, Steven) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 34 Joint MOTION for Miscellaneous Relief, specifically for Entry of Preliminary Scheduling Order and Extension of Deadline to File Case Management Report by Finastra Technology, Inc.(Scheck, Paul). |
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Filing 33
ENDORSED ORDER granting #30 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice; granting #32 Motion to Appear Pro Hac Vice. Jason K. Fagelman, Sean M. Topping, and Joseph E. Simmons are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 9/26/2025. (Irick, Daniel)
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| Filing 32 Unopposed MOTION for Joseph E. Simmons to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23915752 for $150 by Finastra Technology, Inc.. (Scheck, Paul) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 31 Unopposed MOTION for Sean M. Topping to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23915710 for $150 by Finastra Technology, Inc. (Scheck, Paul). Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 30 Unopposed MOTION for Jason K. Fagelman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23915624 for $150 by Finastra Technology, Inc. (Scheck, Paul) Motions referred to Magistrate Judge Daniel C. Irick. |
| ***PRO HAC VICE FEES PAID (Receipt Number ORL116456 for $150) by attorney Neil P. Williams, appearing on behalf of Thomas Weimer. The Motion for Neil P. Williams to appear pro hac vice was filed in Case 6:25-cv-01293-PGB-DCI, DE#31. (WLB) |
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Filing 29
ORDER. The Court finds good cause to extend the deadlines for Defendant to respond to the complaints in the lead case and member cases. It is ORDERED that Defendant shall file its responses to the complaints in the lead case and the member cases on or before October 27, 2025. All such responses shall be filed on the docket for the instant case. See Order for further details. Signed by Judge Paul G. Byron on 9/23/2025. (GML)
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Filing 28
ORDER granting #22 Motion to Consolidate Cases. The Clerk of Court is DIRECTED to consolidate the following cases for all further proceedings: Case No. 6:25-cv-01292-PGB-DCI; Case No. 6:25-cv-01293-PGB-DCI; Case No. 6:25-cv-01300-PGB-DCI; Case No. 6:25-cv-1308-PGB-DCI; Case No. 6:25-cv-01344-PGB-DCI; Case No. 6:25-cv-01358-PGB-DCI; Case No. 6:25-cv-01372-PGB-DCI; Case No. 6:25-cv-01406-PGB-DCI; Case No. 6:25-cv-01426-PGB-DCI; Case No. 6:25-cv-01481-PGB-DCI; and Case No. 6:25-cv-1497-PGB-DCI. The Court designates case No. 6:25-cv-1284-PGB-DCI as the lead case. Signed by Judge Paul G. Byron on 9/22/2025. (GML)
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| Filing 27 NOTICE by Elizabeth Polak re #23 MOTION to Appoint Counsel as Interim Co-Lead Class Counsel (Majority Plaintiffs'), #22 MOTION to Consolidate Cases (Majority Plaintiffs') of Non-Opposition to Majority Plaintiffs' Motions to Consolidate Cases and Appoint Interim Leadership Counsel (Weekes, Mariya) |
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Filing 26
ENDORSED ORDER granting in part and denying in part #25 Joint Motion for Extension of Time to File Case Management Report. Upon consideration of the circumstances, the parties may file their case management report on or before October 1, 2025. If the parties later determine an additional extension of this deadline is warranted, they may file a motion seeking such relief at an appropriate time. The aforementioned #25 Motion is denied in all other respects. Signed by Judge Paul G. Byron on 9/9/2025. (REG)
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| Filing 25 Joint MOTION for Extension of Time to File Case Management Report by Finastra Technology, Inc. (Scheck, Paul) Modified text on 9/9/2025 (MGB). |
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Filing 24
ORDER for attorneys Joseph E. Simmons, Sean M. Topping and Frank A. Zacherl to comply with administrative procedures regarding electronic filing within thirty (30) days of the date of this Order. Signed by Judge Paul G. Byron on 9/2/2025. (KM)
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| Filing 23 MOTION to Appoint Counsel as Interim Co-Lead Class Counsel (Majority Plaintiffs') by Elizabeth Polak. (Attachments: #1 Exhibit A - Milberg Resume, #2 Exhibit B - KO Firm Resume)(Weekes, Mariya) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 22 MOTION to Consolidate Cases (Majority Plaintiffs') by Elizabeth Polak. (Weekes, Mariya) |
| Filing 21 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Finastra Technology, Inc. (Scheck, Paul) Modified text on 8/14/2025 (MCB). |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Finastra Technology, Inc. Related case(s): Yes (Scheck, Paul) Modified text on 8/14/2025 (MCB). |
| Filing 19 NOTICE by Baitul Javid re: Unopposed Motion to Transfer Related Matter (Attachments: #1 Exhibit A)(Fuller, Andrew) |
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Filing 18
ENDORSED ORDER granting #15 Defendant Finestra Technology, Inc.'s Motion for Extension of Time to Answer. Finestra Technology, Inc.'s answer or response to the Amended Complaint is due October 6, 2025. Signed by Magistrate Judge Daniel C. Irick on 8/5/2025. (JEB)
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| Filing 17 NOTICE of Lead Counsel Designation by Paul J. Scheck on behalf of Finastra Technology, Inc. Lead Counsel: Paul J. Scheck. (Scheck, Paul) Modified on 8/5/2025 to edit the docket text (MLB). |
| Filing 16 NOTICE TO COUNSEL Frank A. Zacherl, Jason K. Fagelman, Joseph E. Simmons, Paul J. Scheck and Sean M. Topping of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JVC) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #13 Amended Complaint by Finastra Technology, Inc. (Scheck, Paul) Modified on 8/4/2025 to edit text. (JVC) |
| Filing 14 RETURN of service executed on 07/15/2025 by Elizabeth Polak as to Finastra Technology, Inc.. (Weekes, Mariya) |
| Filing 13 AMENDED COMPLAINT against Finastra Technology, Inc. with Jury Demand. filed by Elizabeth Polak. Related document: #1 Complaintfiled by Elizabeth Polak. (Attachments: #1 Exhibit 1 - Data Breach Notice Letter)(Weekes, Mariya) |
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Filing 12
ORDER. Plaintiff's Complaint #1 is DISMISSED WITHOUT PREJUDICE. On or before July 29, 2025, Plaintiff may file an amended complaint consistent with the directives of this Order. Failure to timely comply with this Order shall result in dismissal of this action without further notice. See Order for further details. Signed by Judge Paul G. Byron on 7/22/2025. (ABD)
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Filing 11
ENDORSED ORDER denying without prejudice #7 Motion to Consolidate Cases and Appoint Interim Leadership Counsel. Upon consideration of the relevant circumstances, Plaintiff may refile its motion(s), if appropriate, following Defendant's appearance in this action so that the parties can comply with Local Rule 3.01(g). Moreover, the Court prefers that such distinct requests for relief be filed as separate motions. Signed by Judge Paul G. Byron on 7/15/2025. (ABD)
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Filing 10
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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| Filing 9 SUMMONS issued as to Finastra Technology, Inc. (MGB) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Elizabeth Polak. Related case(s): Yes (Weekes, Mariya) |
| Filing 7 MOTION to Consolidate Cases and Appoint Interim Leadership Counsel and Memorandum of Law In Support by Elizabeth Polak. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Weekes, Mariya) Modified text on 7/14/2025 (MGB). |
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Filing 6
ENDORSED ORDER. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 7/14/2025. (KM)
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Filing 5
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 7/14/2025. (KM) (Main Document 5 replaced on 7/14/2025) (KM).
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| Filing 4 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:25-cv-1284-PGB-DCI. (ARL) |
| Filing 3 NOTICE of Lead Counsel Designation by Mariya Weekes on behalf of Elizabeth Polak. Lead Counsel: Mariya Weekes. (Weekes, Mariya) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Elizabeth Polak. (Weekes, Mariya) |
| Filing 1 COMPLAINT against Finastra Technology, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-23596741) filed by Elizabeth Polak. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons )(Weekes, Mariya) Modified text on 7/14/2025 (MGB). |
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