Berry v. Pension Benefit Information, LLC et al.
| David Berry and Bonnie Gayle ng |
| Pension Benefit Information, LLC doing business as PBI Research Services and Berwyn Group, Inc. |
| Steve Landi, Richard E. Hurley and Nila Hurley |
| Pension Benefit Information, LLC |
| Progress Software Corporation |
| 1:2023cv12362 |
| October 12, 2023 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Personal Property: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 ELECTRONIC NOTICE: Remote access to todays hearing will be made available to the media and public for viewing purposes only. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact #media@mad.uscourts.gov.Status Conference set for 11/30/2023 02:00 PM in Courtroom 17 (In person only with remote viewing available) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
| Filing 29 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) Associated Cases: 1:23-md-03083-ADB et al. (McManus, Caetlin) |
| Filing 28 NOTICE TO ALL COUNSEL: Pursuant to the Transfer Order dated 10/4/2023, in re MDL No. 3083, the Northern District of California case number: 3:23-cv-03297-JD has been transferred and and assigned civil action number: 1:23-cv-12362-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
| Filing 27 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
| Filing 26 Case transferred in from District of California Northern; Case Number 3:23-cv-03297. |
| Remark: Notified ECFHelp Desk to transfer case. (ecg, COURT STAFF) (Filed on 10/5/2023) |
Filing 25
TRANSFER ORDER. IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the District of Massachusetts are transferred to the District of Massachusetts and, with the consent of that court, assigned to the Honorable Allison D. Burroughs for coordinated or consolidated proceedings with the actions pending there and listed on Schedule A. Signed by Judge MDL Panel on 10/4/2023. (ecg, COURT STAFF) (Filed on 10/4/2023)
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| Filing 24 STIPULATION WITH PROPOSED ORDER TO RELATE CASES filed by Steve Landi, Richard E. Hurley, Nila Hurley. (Attachments: #1 Certificate/Proof of Service)(Kirtley, Andrew) (Filed on 10/2/2023) |
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Filing 23
ORDER STAYING CASE. In light of the upcoming hearing by the Judicial Panel on Multidistrict Litigation, this case is stayed pending further order. Signed by Judge James Donato on 9/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 9/15/2023)
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| Filing 22 STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS PENDING JPML RULING filed by Berwyn Group, Inc., Pension Benefit Information, LLC. (Monagle, James) (Filed on 9/13/2023) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Osborne, Kevin) (Filed on 9/12/2023) |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Monagle, James) (Filed on 9/12/2023) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Monagle, James) (Filed on 9/12/2023) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate/Proof of Service)(Kramer, Elizabeth) (Filed on 9/11/2023) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by Pension Benefit Information, LLC, Berwyn Group, Inc.. Service waived by Progress Software Corporation waiver sent on 9/8/2023, answer due 11/7/2023. (Monagle, James) (Filed on 9/11/2023) |
| Filing 16 STIPULATION re #13 Amended Complaint to Extend Time to Respond to Complaint filed by Berwyn Group, Inc., Pension Benefit Information, LLC. (Monagle, James) (Filed on 9/11/2023) |
| Filing 15 THIRD PARTY COMPLAINT against Progress Software Corporation. Filed byBerwyn Group, Inc., Pension Benefit Information, LLC. (Monagle, James) (Filed on 9/8/2023) |
| Filing 14 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 9/8/2023) |
| Filing 13 AMENDED COMPLAINT First Amended Class Action Complaint for Damages and Demand for Jury Trial against Berwyn Group, Inc., Pension Benefit Information, LLC. Filed byDavid Berry, Bonnie Gayle Ng. (Kramer, Elizabeth) (Filed on 8/31/2023) |
| Filing 12 NOTICE of Appearance by James Francis Monagle on behalf of Pension Benefit Information, LLC and The Berwyn Group. Inc. (Monagle, James) (Filed on 7/25/2023) |
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Filing 11
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 9/28/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 9/21/2023. Signed by Judge James Donato on 7/18/2023. (lrc, COURT STAFF) (Filed on 7/18/2023)
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| Filing 10 Notice of Motion Filed in MDL 3083 In re MOVEit File Transfer Software Data Security Breach Litigation. Plaintiff Bruce Bailey's Motion for Transfer of Related Actions to the District of Minnesota Pursuant to 28 U.S.C. 1407 for Consolidated Pretrial Proceedings. (Rule Rule 6.2(e) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation). (wsn, COURT STAFF) (Filed on 7/17/2023) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Lisa J. Cisneros no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 7/17/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 7/17/2023)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (bns, COURT STAFF) (Filed on 7/17/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Berry, Bonnie Gayle Ng.. (Osborne, Kevin) (Filed on 7/17/2023) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by David Berry, Bonnie Gayle Ng. Service waived by Berwyn Group, Inc. waiver sent on 7/6/2023, answer due 9/5/2023; Pension Benefit Information, LLC waiver sent on 7/6/2023, answer due 9/5/2023. (Kramer, Elizabeth) (Filed on 7/7/2023) |
| Filing 5 Summons Issued as to Berwyn Group, Inc., Pension Benefit Information, LLC. (sec, COURT STAFF) (Filed on 7/3/2023) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/21/2023. Initial Case Management Conference set for 9/28/2023 01:30 PM in San Francisco, Courtroom G, 15th Floor. (sec, COURT STAFF) (Filed on 7/3/2023) |
| Filing 3 Proposed Summons. (Attachments: #1 Summons to The Berwyn Group, Inc.)(Kramer, Elizabeth) (Filed on 7/3/2023) |
| Filing 2 Case assigned to Magistrate Judge Lisa J. Cisneros. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/17/2023. (as, COURT STAFF) (Filed on 7/3/2023) |
| Filing 1 COMPLAINT against Pension Benefit Information, LLC ( Filing fee $ 402, receipt number ACANDC-18414192.). Filed byBonnie Gayle Ng. (Attachments: #1 Civil Cover Sheet)(Kramer, Elizabeth) (Filed on 6/30/2023) |
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