In re Intellihartx Data Security Incident Litigation
| Lauren Perrone, Nicholas Timmons, Kristi Mcdavitt, Thomas Kelly, Jose Cabrales, Robert Joseph Terwilliger, Edwin Rodriguez, Artie Fullington and Victoria Evans |
| Intellihartx, LLC, NationsBenefits Holdings LLC and NationsBenefits LLC |
| 1:2024cv20628 |
| February 16, 2024 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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Filing 26
PRE-TRIAL ORDER NO. 1. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2024. See attached document for full details. (jas)
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Filing 25
ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. Signed by Judge Rodolfo A. Ruiz II on 2/16/2024. See attached document for full details. (gp)
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| Filing 24 MDL Transfer In Case Receipt from Northern District of Ohio. Case Number 23-cv-01224-JRK with documents 1-21. Assigned FLSD Case Number 24-cv-20628-RAR. Re: FLSD MDL Case Number 24-md-3090-RAR (jas) |
| Filing 23 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (jas) |
| Filing 22 Case transferred in from Ohio Northern; Case Number 3:23-cv-01224. Electronic file including transfer order and docket sheet received. .(jas). |
| Case Closed for administrative purposes only. Per Order of Consolidation and Administrative Close-out. (gp) |
| Filing 21 Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 3090 Fortra File Transfer Software Data Security Breach Litigation. Case transferred to the Southern District of Florida and assigned to the Honorable Rodolfo A. Ruiz II. (M,CE) |
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Order [non-document] granting Defendant's #20 Motion to Stay. Case 3:23-cv-01224-JRK is stayed pending a determination by the United States Judicial Panel on Multi-District Litigation in In re Fortra File Transfer Software Data Security Breach Litig., MDL Docket No. 3090. Judge James R. Knepp II on 11/22/2023. (B,JL)
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| Filing 20 Motion to stay deadline to respond to Complaint pending ruling on JPML Motion filed by Defendant Intellihartx, LLC. Related document(s) #19 . (Mills, John) |
| Filing 19 Amended complaint (Consolidated) against Intellihartx, LLC and adding new party plaintiff(s) Victoria Evans. Filed by Nicholas Timmons, Jose Cabrales, Robert Joseph Terwilliger, Kristi Mcdavitt, Thomas Kelly, Lauren Perrone, Edwin Rodriguez. (Attachments: #1 Exhibit 1 - Notice to Plaintiff Terwilliger dated June 6, 2023, #2 Exhibit 2 - Notice to Plaintiff Rodriguez dated June 9, 2023) (Barney, Mason) |
| Filing 18 Notice of Filing IN RE: Fortra File Transfer Software Data Security Breach Litigation, filed in proposed case no. 30 with the Judicial Panel on Multidistrict Litigation on 10/16/2023 filed by NationsBenefits, LLC, NationsBenefits Holdings, LLC. (M,CE) |
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Filing 17
Order Consolidating Related Actions and Appointing Interim Class Counsel: Pursuant to Fed. R. Civ. P. 42(a), the Court hereby consolidates Perrone v.Intellihartx, LLC, Case No. 3:23-cv-1224; Kelly v. Intellihartx, LLC, Case No. 3:23-cv-1338; Cabrales v. Intellihartx, LLC, Case No. 2:23-cv-1439; Timmons v. Intellihartx, LLC, Case No. 2:23-cv-1452; McDavitt v. Intellihartx, LLC, Case No. 2:23-cv-1499; and Terwilliger v. Intellihartx, LLC et al., Case No. 2:23-cv-1509, each a Related Action and together the Consolidated Action, with Case No. 3:23-cv-1224, and with the new title In re Intellihartx Data Security Incident Litigation. No further filings shall be made in Case Nos. 3:23-cv-1338, 3:23-cv-1439, 3:23-cv-1452, 3:23-cv-1499, or 3:23-cv-1509, which shall be administratively closed. Plaintiffs in the Consolidated Action shall file an operative Consolidated Complaint within forty-five (45) days of the date of this Order. Defendant shall have thirty (30) days from the date on which Plaintiffs file the Consolidated Complaint to file a response thereto. In the event that Defendant's response is a motion to dismiss, Plaintiffs shall have thirty (30) days to file their opposition brief, and Defendant shall have twenty-one (21) days to file a reply brief. IT IS FURTHER ORDERED that, having given due consideration to the relevant factors set forth in Rule 23(g)(1) and (4), including, without limitation, Rule 23(g)(1)(A)(i)-(iv), and finding that the proposed counsel meet the adequacy requirements thereunder, Mr. Federman is appointed as Executive Lead Counsel and the following are appointed and shall serve as members of the Plaintiffs' Executive Committee, in accordance with Federal Rule of Civil Procedure 23(g)(3): Mason Barney, Siri & Glimstad, LLP; Gary Klinger, Milberg Coleman Bryson Phillips Grossman, PLLC; John A. Yanchunis, Morgan & Morgan; Gary F. Lynch, Lynch Carpenter LLP; and Patrick Egan, Berman Tabacco. It is hereby ORDERED that this Order shall apply to any action filed in, transferred to, or removed to this Court which relates to the subject matter at issue in this case. Judge James R. Knepp II on 9/12/2023. (B,JL)
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| Filing 16 Motion to consolidate cases , Motion for appointment of counsel filed by Plaintiffs Lauren Perrone, Nicholas Timmons, Kristi Mcdavitt. Related document(s) #13 , #10 , #15 , #8 . (Attachments: #1 Proposed Order)(Barney, Mason) |
| Filing 15 Amended Motion for appointment of counsel , Amended Motion to consolidate cases with memorandum in support filed by Plaintiff Lauren Perrone. Related document(s) #8 . (Attachments: #1 Exhibit Exhibit A - Federman CV, #2 Exhibit Exhibit B - Morgan & Morgan CV, #3 Exhibit Exhibit C - Milberg CV, #4 Exhibit Exhibit D - Siri Glimstad CV, #5 Proposed Order Proposed Order)(Wiest, Christopher) |
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Order [non-document] granting Defendant's #14 Motion for Extension of Time to Answer. Defendant Intellihartx, LLC's Answer DUE 9/29/2023. Judge James R. Knepp II on 8/28/2023. (B,JL)
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| Filing 14 Motion for extension of time until 09/29/2023 to answer filed by Defendant Intellihartx, LLC. Related document(s) #1 . (Mills, John) |
| Filing 13 Motion to Stay Pending Motion to Appoint Interim Co-Lead Class Counsel, and Set Briefing Schedule for Motions Seeking Appointment of Interim Class Counsel filed by Intervenor Artie Fullington. (Yanchunis, John) |
| Filing 12 Motion for attorney John Tyler Mills to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12145417, filed by Defendant Intellihartx, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Lynch, Robert) |
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Order [non-document] granting Defendant's #12 Motion for appearance pro hac vice by attorney John T. Mills for Intellihartx, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James R. Knepp II on 8/23/2023. (B,JL)
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| Filing 11 Proposed Order to MOTION TO APPOINT GARY F. LYNCH AND PATRICK T. EGAN AS INTERIM COLEAD CLASS COUNSEL filed by nicholas timmons. Related document(s) #10 . (Karon, Daniel) |
| Filing 10 Motion for appointment of counsel filed by Plaintiff nicholas timmons. (Attachments: #1 Exhibit Lynch CV, #2 Exhibit Lynch Carpenter CV, #3 Exhibit Berman Tabacco CV, #4 Exhibit Karon CV)(Karon, Daniel) |
| Filing 9 Response to #8 Motion to consolidate cases 3:23-cv-1224 with 3:23-cv-1338, 3:23-cv-1499, 3:23-cv-1439, 3:23-cv-1452, and 3:23-cv-1509 Motion for appointment of counsel (Co-Lead Interim Class Counsel, pursuant to FRCP 23(g)(3)) filed by nicholas timmons, Kristi Mcdavitt. (Karon, Daniel) |
| Filing 8 Motion to consolidate cases 3:23-cv-1224 with 3:23-cv-1338, 3:23-cv-1499, 3:23-cv-1439, 3:23-cv-1452, and 3:23-cv-1509, Motion for appointment of counsel (Co-Lead Interim Class Counsel, pursuant to FRCP 23(g)(3)) filed by Plaintiff Lauren Perrone. (Attachments: #1 Exhibit A - Klinger Milberg CV, #2 Exhibit B - Siri Glimstad CV, #3 Exhibit C - Federman CV, #4 Proposed Order)(Wiest, Christopher) |
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Order [non-document] granting Plaintiff's #7 Motion for appearance pro hac vice by attorney Mason A. Barney for Lauren Perrone. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James R. Knepp II on 7/28/2023. (B,JL)
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Order [non-document] granting Plaintiff's #6 Motion for appearance pro hac vice by attorney Tyler J. Bean for Lauren Perrone. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James R. Knepp II on 7/28/2023. (B,JL)
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| Filing 7 Motion for attorney Mason Barney to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12102833, filed by Plaintiff Lauren Perrone. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Wiest, Christopher) |
| Filing 6 Motion for attorney Tyler Bean to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12102832, filed by Plaintiff Lauren Perrone. (Attachments: #1 Exhibit Exhibit A - Certificate of Good Standing)(Wiest, Christopher) |
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Order [non-document] granting Defendant's #3 Motion for Extension of Time to Answer. Defendant Intellihartx, LLC's Answer DUE 8/28/2023. Judge James R. Knepp II on 7/12/2023. (B,JL)
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| Filing 5 Affidavit of Service by personal service executed upon Intellihartx, LLC on 6/23/2023, filed on behalf of Lauren Perrone (Wiest, Christopher) |
| Filing 4 Corporate Disclosure Statement filed by Intellihartx, LLC. (Lynch, Robert) |
| Filing 3 Motion for extension of time until 08/28/2023 to answer filed by Defendant Intellihartx, LLC. Related document(s) #1 . (Lynch, Robert) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Intellihartx, LLC. (Attachments: #1 Magistrate Consent Form) (H,JL) |
| Filing 1 Class Action Complaint with jury demand against Intellihartx, LLC. Filing fee paid $ 402, Receipt number AOHNDC-12051093. Filed by Lauren Perrone. (Attachments: #1 Civil Cover Sheet, #2 Summons - Intellihartx, LLC). (Wiest, Christopher) |
| Judge James R. Knepp II assigned to case (H,JL) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (H,JL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (H,JL) |
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