Uhrich v. Teachers Insurance and Annuity Association of America
| Katharine Uhrich |
| Teachers Insurance and Annuity Association of America |
| 1:2023cv12785 |
| November 15, 2023 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 21 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 20 NOTICE of Appearance by Aravind Swaminathan on behalf of Teachers Insurance and Annuity Association of America (Swaminathan, Aravind) |
| Filing 19 NOTICE of Appearance by James D. Houghton on behalf of Teachers Insurance and Annuity Association of America (Houghton, James) |
| Filing 18 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin) |
| Filing 17 NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-08688 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12785. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
| Filing 16 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
| Filing 15 Case transferred in from District of New York Southern; Case Number 1:23-cv-08688. |
| Filing 14 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) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Valerie E. Caproni is no longer assigned to the case. (tro) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06944-LAK. Notice of Assignment to follow. (tro) |
| Filing 13 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) |
| Filing 12 NOTICE OF APPEARANCE by Marc Shapiro on behalf of Teachers Insurance and Annuity Association of America..(Shapiro, Marc) |
| Filing 11 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-06408. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Magistrate Judge Ona T. Wang 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case 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..(vba) |
| Filing 10 TRANSFERRED to the Southern District of New York the electronic record. (nsf, ) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 9 MINUTE entry before the Honorable Thomas M. Durkin: Defendant's unopposed motion for an extension of time to file an answer or respond to the complaint #8 is granted. The Court finds there is good cause for the extension in light of the Clerk's Office policy to wait fourteen (14) days to effectuate a transfer order and the parties' intent to consolidate this case with previously consolidated litigation involving the same parties in the Southern District of New York. See also Mondis Tech. Ltd. v. LG Elecs., Inc., No. 2:14-CV-702, 2015 WL 11117316, at *2 (E.D. Tex. June 9, 2015) (granting extension of time to file brief after transfer order was entered but before transferee court received the case). Therefore, the deadline for Defendant to answer or otherwise respond to the complaint is extended to October 26, 2023. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 8 MOTION by Defendant Teachers Insurance and Annuity Association of America for extension of time to file answer regarding complaint #1 (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 7 MINUTE entry before the Honorable Thomas M. Durkin: The parties' joint motion to transfer venue to the United States District Court for the Southern District of New York #6 is granted. Pursuant to 28 U.S.C. 1404(a), "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties consented." All parties consent to the Southern District of New York. Additionally, the case could have been filed in that district because defendant TIAA is based and maintains its principal place of business in that district. Even without consent, the private and public interests at stake support transfer. Nalco Co. v. Env't Mgmt. Inc., 694 F. Supp. 2d 994, 998 (N.D. Ill. 2010). As to private interest factors, Plaintiff's choice of forum, the situs of material events, the relative ease and access to sources of proof, and the convenience of the parties and witnesses all favor transfer because Plaintiff is now consenting to jurisdiction, TIAA is based in New York, and there is pending litigation in the Southern District of New York. As to public interest factors, the docket congestion and speed to trial and familiarity with applicable law are neutral, and the respective desirability of resolving controversies in each locale favors transfer because of the pending litigation in the transferee district. Additionally, courts often find that transfer is in the interest of justice where, as here, multiple actions seeking to certify nationwide classes based on common factual and legal issues are filed in different districts. See, e.g., George & Co., LLC v. Target Corp., No. 20C6219, 2021 WL 2948910, at *5 (N.D. Ill. Jul. 14, 2021) (granting transfer to district where multiple actions involving similar claims were pending, "[g]iven the overlap in factual and legal issues between each of the related actions, it is unnecessary to waste time, energy, and money resolving them in two different districts"). As such, this case is hereby transferred to the Southern District of New York. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 6 MOTION by Plaintiff Katharine Uhrich to transfer case to U.S. District Court for the Southern District of New York (Joint Motion) (Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Teachers Insurance and Annuity Association of America and FRCP 7.1 Disclosure Statement (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 4 ATTORNEY Appearance for Defendant Teachers Insurance and Annuity Association of America by Scott Tadashi Sakiyama (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 3 MINUTE entry before the Honorable Thomas M. Durkin: By 10/27/23, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Katharine Uhrich by Bryan Paul Thompson (Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.] |
| Filing 1 COMPLAINT filed by Katharine Uhrich; Jury Demand. Filing fee $ 402, receipt number AILNDC-20982140. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.] |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mek) [Transferred from Illinois Northern on 10/3/2023.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek) [Transferred from Illinois Northern on 10/3/2023.] |
| SUMMONS Issued as to Defendant Teachers Insurance and Annuity Association of America (mek) [Transferred from Illinois Northern on 10/3/2023.] |
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