Smiley v. Progress Software Corporation et al
| James Smiley |
| Progress Software Corporation, Pension Benefit Information LLC doing business as PBI Research Services, Milliman Inc doing business as Milliman Intelliscript, Milliman Solutions, LLC, The Independent Order of Foresters doing business as Foresters Financial and Foresters Financial Holding Company Inc |
| 1:2023cv12483 |
| October 23, 2023 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) Associated Cases: 1:23-md-03083-ADB et al. (McManus, Caetlin) |
| Filing 36 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #35 MOTION for Extension of Time to December 15, 2023 to File Answer (Unopposed). Progress Software Corporation answer due 12/15/2023. (Folan, Karen) |
| Filing 35 MOTION for Extension of Time to December 15, 2023 to File Answer (Unopposed) by Progress Software Corporation.(Forni, Eric) |
| Filing 34 NOTICE of Appearance by Eric A. Forni on behalf of Progress Software Corporation (Forni, Eric) |
| Filing 33 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #32 MOTION for Extension of Time to December 15, 2023 to File Response/Reply as to #1 Complaint. (Folan, Karen) |
| Filing 32 MOTION for Extension of Time to December 15, 2023 to File Response/Reply as to #1 Complaint,, #3 Waiver of Service Executed Defendant Pension Benefit Information, LLC's Unopposed Motion to Extend Time to Respond to Class Action Complaint by Pension Benefit Information LLC.(O'Donnell, Jordan) |
| Filing 31 NOTICE of Appearance by Jordan S. O'Donnell on behalf of Pension Benefit Information LLC (O'Donnell, Jordan) |
| Filing 30 NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Western District of Washington case number 2:23-cv-01354 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12483. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
| Filing 29 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
| Filing 28 Case transferred in from District of Washington Western; Case Number 2:23-cv-01354. |
| Filing 27 MDL 3083 CONDITIONAL TRANSFER ORDER (CTO 1); in re MOVEit Customer Data Security Breach Litigation; transferred to District of Massachusetts; assigned to Judge Allison D. Burroughs. (Attachments: #1 Email) (SS) |
Filing 26
ORDER granting Defendants' #25 Joint MOTION for Extension of Time to File Answer. Defendants Foresters' and FFHC's response to the Complaint in this action is extended until forty-five days (45) following entry of the Judicial Panel on Multidistrict Litigation's final determination in IN RE MOVEit Customer Data Security Breach Litigation, MDL No. 3083. The parties shall advise the court within five (5) days of any such ruling. Signed by U.S. District Judge John C. Coughenour. (SS)
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| Filing 25 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, , filed by Defendant The Independent Order of Foresters. (Attachments: #1 Exhibit Transfer Motion, #2 Proposed Order) Noting Date 9/26/2023, (Morrison, James) |
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Filing 24
ORDER re #23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gilbert S Keteltas for Defendant The Independent Order of Foresters by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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| Application for Leave to Appear Pro Hac Vice #23 by attorney Gilbert S. Keteltas will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Jesse Curry at 206-370-8439 or #jesse_curry@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Gilbert S. Keteltas) (JWC) |
| Filing 23 APPLICATION OF ATTORNEY Gilbert S. Keteltas FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Independent Order of Foresters (Fee Paid) Receipt No. AWAWDC-8174034 (Morrison, James) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by The Independent Order of Foresters. (Morrison, James) |
| Filing 21 NOTICE of Appearance by attorney Alexander Vitruk on behalf of Defendant The Independent Order of Foresters. (Vitruk, Alexander) |
| Filing 20 NOTICE of Appearance by attorney James Raymond Morrison on behalf of Defendant The Independent Order of Foresters. (Morrison, James) |
| Filing 19 NOTICE of Appearance by attorney Nicholas C Larson on behalf of Defendant Pension Benefit Information LLC. (Larson, Nicholas) |
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Filing 18
ORDER granting Defendants' #17 Joint Motion for Extension of Time. Defendants Milliman Solutions, LLC and Milliman, Inc.'s response to the Complaint in this action is extended until forty-five days (45) following entry of the Judicial Panel on Multidistrict Litigation's final determination in IN RE MOVEit Customer Data Security Breach Litigation, MDL No. 3083. Signed by U.S. District Judge John C. Coughenour. (SS)
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| Filing 17 Joint MOTION for Extension of Time to Respond to Complaint, filed by Defendants Milliman Inc, Milliman Solutions LLC. (Attachments: #1 Exhibit A TO JOINT MOTION, #2 Proposed Order RE JOINT MOTION) Noting Date 9/14/2023, (Garner, Lara) |
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Filing 16
ORDER re #14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Craig J Mariam for DEFENDANTS Milliman Inc and Milliman Solutions LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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Filing 15
ORDER re #13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael J. Dailey for DEFENDANTS Milliman Inc and Milliman Solutions LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MG)
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| Filing 14 APPLICATION OF ATTORNEY Craig J. Mariam FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Milliman Inc, Milliman Solutions LLC (Fee Paid) Receipt No. AWAWDC-8164067 (Garner, Lara) |
| Filing 13 APPLICATION OF ATTORNEY Michael J. Dailey FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Milliman Inc, Milliman Solutions LLC (Fee Paid) Receipt No. AWAWDC-8164058 (Garner, Lara) |
| Filing 12 NOTICE of Appearance by attorney Lara Garner on behalf of Defendants Milliman Inc, Milliman Solutions LLC. (Garner, Lara) Modified to strike per call from filer on 9/13/2023 (LH). |
| NOTICE of Docket Text Modification re #12 Notice of Appearance: This entry has been stricken at the request of the filer due to being filed in error. A Pro Hac Vice Application will be filed shortly. (LH) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Milliman, Inc. for Milliman Solutions LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Milliman Inc, Milliman Solutions LLC. (Garner, Lara) |
| Filing 10 NOTICE of Appearance by attorney Lara Garner on behalf of Defendants Milliman Inc, Milliman Solutions LLC. (Garner, Lara) |
| Filing 9 SERVICE OF SUMMONS and Complaint returned executed upon defendant The Independent Order of Foresters on 9/8/2023 (Matt, Sean) |
| Filing 8 SERVICE OF SUMMONS and Complaint returned executed upon defendant Milliman Solutions LLC on 9/7/2023 (Matt, Sean) |
| Filing 7 SERVICE OF SUMMONS and Complaint returned executed upon defendant Milliman Inc on 9/7/2023 (Matt, Sean) |
| Filing 6 SERVICE OF SUMMONS and Complaint returned executed upon defendant Foresters Financial Holding Company Inc on 9/7/2023 (Matt, Sean) |
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Filing 5
ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (KMP)
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| Filing 4 Summons(es) Electronically Issued as to defendant(s) Foresters Financial Holding Company Inc, Milliman Inc, Milliman Solutions LLC, The Independent Order of Foresters (Attachments: #1 Summons, #2 Summons, #3 Summons) (RE) |
| U.S. District Judge John C. Coughenour added. (RE) |
| Filing 3 WAIVER OF SERVICE of Summons upon defendant Pension Benefit Information, LLC d/b/a PBI Research Services mailed on 9/1/2023 (Berman, Steve) |
| Filing 2 WAIVER OF SERVICE of Summons upon defendant Progress Software Corporation mailed on 9/1/2023 (Berman, Steve) |
| Filing 1 COMPLAINT Class Action Complaint against All Defendants with JURY DEMAND (Receipt # AWAWDC-8147711) Attorney Steve W. Berman added to party James Smiley(pty:pla) filed by James Smiley. (Attachments: #1 Exhibit A (Data Breach Notice Letter), #2 Civil Cover Sheet, #3 Summons Progress Software Corporation, #4 Summons Pension Benefit Information, LLC d/b/a PBI Research Services, #5 Summons Milliman, LLC d/b/a Milliman Intelliscript, #6 Summons Milliman Solutions, LLC, #7 Summons The Independent Order of Foresters d/b/a Foresters Financial, #8 Summons Foresters Financial Holding Company, Inc.)(Berman, Steve) |
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