Smuda et al v. Teachers Insurance and Annuity Association of America
Plaintiff: Gwendolyn Smuda and Steven Checchia
Defendant: Teachers Insurance and Annuity Association of America
Case Number: 1:2023cv12773
Filed: November 15, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Allison D Burroughs
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2023 Filing 24 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)
November 29, 2023 Filing 23 NOTICE of Appearance by James D. Houghton on behalf of Teachers Insurance and Annuity Association of America (Houghton, James)
November 17, 2023 Filing 22 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin)
November 15, 2023 Filing 21 NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-07020 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12773. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris)
November 15, 2023 Filing 20 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris)
November 15, 2023 Filing 19 Case transferred in from District of New York Southern; Case Number 1:23-cv-07020.
November 2, 2023 Filing 18 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of Massachusetts. (Signed by MDL Panel on 10/16/2023) (vba)
November 2, 2023 MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba)
October 4, 2023 Case Stayed (yv)
September 20, 2023 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting (18) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-06944-LAK; granting (16) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-06956-LAK; granting (14) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07020-LAK; granting (15) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07407-LAK; granting (10) Motion for Rebecca Harlow to Appear Pro Hac Vice in case 1:23-cv-07437-LAK. The motion of Rebecca Harlow for admission to appear pro hac vice in the above captioned matters is granted. IT IS HEREBY ORDERED that Rebecca Harlow is admitted to practice pro hac vice in the above captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 9/20/23) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (yv)
September 20, 2023 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting (17) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-06944-LAK; granting (15) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-06956-LAK; granting (13) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07020-LAK; granting (14) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07407-LAK; granting (9) Motion for Aravind Swaminathan to Appear Pro Hac Vice in case 1:23-cv-07437-LAK. The motion of Aravind Swaminathan for admission to appear pro hac vice in the above captioned matters is granted. IT IS HEREBY ORDERED that Aravind Swaminathan is admitted to practice pro hac vice in the above captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 9/20/23) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (yv)
September 19, 2023 Filing 15 SUMMONS RETURNED EXECUTED. Teachers Insurance and Annuity Association of America served on 9/6/2023, answer due 9/27/2023. Document filed by Gwendolyn Smuda; Steven Checchia..(Shamis, Andrew)
September 18, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Rebecca Harlow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number NYSDC-28297364. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
September 18, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (9 in 1:23-cv-07437-LAK, 14 in 1:23-cv-07407-LAK, 17 in 1:23-cv-06944-LAK, 13 in 1:23-cv-07020-LAK, 15 in 1:23-cv-06956-LAK) MOTION for Aravind Swaminathan to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28297213. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK(va)
September 15, 2023 Filing 14 MOTION for Rebecca Harlow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-28297364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America. (Attachments: #1 Affidavit Affidavit of Rebecca Harlow in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing California Supreme Court, #3 Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK.(Harlow, Rebecca) Modified on 9/18/2023 (va).
September 15, 2023 Filing 13 MOTION for Aravind Swaminathan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-28297213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America. (Attachments: #1 Affidavit Affidavit of Aravind Swaminathan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing Massachusetts Supreme, #3 Exhibit Certificate of Good Standing Washington State, #4 Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK.(Swaminathan, Aravind) Modified on 9/18/2023 (va).
September 15, 2023 Opinion or Order Filing 12 CASE SCHEDULE: WHEREAS, the Parties propose, subject to Court approval, that the Related Actions proceed on the following schedule: 1. Plaintiffs shall file a consolidated complaint no later than thirty (30) days following resolution of the Amended Motion for Appointment of Interim Class Counsel; 2. Defendant shall respond to the consolidated complaint no later than forty-five (45) days after it is filed; 3. If the responsive pleading is a motion to dismiss: a. Plaintiffs shall file their opposition to the motion to dismiss, thirty (30) days after the filing of the motion to dismiss; and b. Defendant shall file its reply in support the motion to dismiss twenty-one (21) days after the filing of Plaintiffs' opposition to the motion to dismiss; c. The parties agree to stay the scheduling of a Rule 26(f) conference until thirty (30) days after the filing of Defendant's reply in support of the motion to dismiss. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/15/2023) Filed In Associated Cases: 1:23-cv-06944-LAK, 1:23-cv-06956-LAK, 1:23-cv-07020-LAK, 1:23-cv-07407-LAK, 1:23-cv-07437-LAK (tg)
September 13, 2023 Filing 11 PROPOSED SCHEDULING ORDER. Document filed by Teachers Insurance and Annuity Association of America, Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
August 31, 2023 Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Teachers Insurance and Annuity Association of America waiver sent on 8/30/2023, answer due 10/30/2023. Document filed by Gwendolyn Smuda; Steven Checchia..(Ostrow, Jeffrey)
August 31, 2023 Magistrate Judge Ona T. Wang is so redesignated. (sgz)
August 31, 2023 NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Valerie E. Caproni is no longer assigned to the case. (sgz)
August 31, 2023 CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06944-LAK. Notice of Assignment to follow. (sgz)
August 30, 2023 Opinion or Order Filing 10 STIPULATION AND ORDER. IT IS ACCORDINGLY STIPULATED AND AGREED that: The Related Actions will be consolidated. Upon being related and assigned to the same judge as the Related Actions, the Additional Related Actions will be ordered consolidated with Jentz and Lopez. Within 14 days of consolidation of all five cases, the parties will file with the Court a case schedule that sets forth deadlines for an amended, consolidated complaint; TIAA's responsive pleading; and appointment of interim lead class counsel. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/30/23) (yv)
August 30, 2023 CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-06944-LAK. (yv)
August 30, 2023 Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-06944. Document filed by Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
August 30, 2023 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TIAA Board of Governors for Teachers Insurance and Annuity Association of America. Document filed by Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
August 30, 2023 Filing 6 NOTICE OF APPEARANCE by Marc Shapiro on behalf of Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
August 10, 2023 Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/20/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/10/2023) (tg)
August 10, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to Teachers Insurance and Annuity Association of America. (vf)
August 10, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Shamis. The party information for the following party/parties has been modified: Gwendolyn Smuda, Steven Checchia. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
August 10, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Shamis. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); Dollar Demand Blank; County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 5,000,000; the County code has been modified to XX Out of State. (vf)
August 10, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
August 10, 2023 Magistrate Judge Valerie Figueredo is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
August 10, 2023 Case Designated ECF. (vf)
August 9, 2023 Filing 3 CIVIL COVER SHEET filed..(Shamis, Andrew)
August 9, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Teachers Insurance and Annuity Association of America, re: #1 Complaint. Document filed by Steven Checchia, Gwendolyn Smuda..(Shamis, Andrew)
August 9, 2023 Filing 1 COMPLAINT against Teachers Insurance and Annuity Association of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-28125129)Document filed by Gwendolyn Smuda, Steven Checchia..(Shamis, Andrew)

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Plaintiff: Gwendolyn Smuda
Represented By: Andrew Shamis
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Plaintiff: Steven Checchia
Represented By: Andrew Shamis
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Defendant: Teachers Insurance and Annuity Association of America
Represented By: Aravind Swaminathan
Represented By: Marc Shapiro
Represented By: Rebecca Harlow
Represented By: James D. Houghton
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