In re Lumico Life Insurance MOVEit Data Security Incident Litigation
Plaintiff: Samuel Miller
Defendant: Lumico Life Insurance Company
Consolidated Plaintiff: Lacheryl Oneal, LaTonya Williams and Fannie Colay
Case Number: 1:2023cv12899
Filed: November 29, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Allison D Burroughs
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 25 NOTICE of Appearance by Gary M. Klinger on behalf of Fannie Colay, Lacheryl Oneal, LaTonya Williams (Klinger, Gary)
November 30, 2023 Filing 24 CORPORATE DISCLOSURE STATEMENT by Lumico Life Insurance Company identifying Corporate Parent Swiss Reinsurance Ltd of Zurich, Switzerland for Lumico Life Insurance Company.. (Nolan, Francis)
November 30, 2023 Filing 23 NOTICE of Appearance by Francis Xavier Nolan, IV on behalf of Lumico Life Insurance Company (Nolan, Francis)
November 30, 2023 Filing 22 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 21 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin)
November 29, 2023 Filing 20 NOTICE TO ALL COUNSEL: Pursuant to CTO Number 11 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-06797-MKV has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12899-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Belpedio, Lisa)
November 29, 2023 Filing 19 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa)
November 29, 2023 Filing 18 Case transferred in from District of New York Southern; Case Number 1:23-cv-06797.
November 22, 2023 Filing 17 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 11/7/2023) (vba)
November 22, 2023 MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba)
November 2, 2023 Opinion or Order Filing 16 STIPULATION AND ORDER, NOW THEREFORE, the parties through their respective counsel and subject to the Court's approval STIPULATE and AGREE that: 1. This action shall be stayed until this action is transferred from MDL No. 3083 back to this Court. 2. If this action is transferred from MDL No. 3083 back to this Court, Plaintiffs shall file their consolidated complaint within twenty-eight (28) days of such transfer. IT IS SO STIPULATED. IT IS SO ORDERED. (Case stayed.) (Signed by Judge Mary Kay Vyskocil on 11/2/23) (yv)
November 2, 2023 Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Fannie Colay, Samuel Miller, Lacheryl Oneal, LaTonya Williams..(Barthle, Patrick)
October 3, 2023 Opinion or Order Filing 14 STIPULATION AND ORDER RE CONSOLIDATION OF ACTIONS: NOW THEREFORE, the parties through their respective counsel and subject to the Court's approval STIPULATE and AGREE that: 1. The following actions pending in this District should be consolidated for all purposes, including pretrial proceedings, trial, and appeal, pursuant to Federal Rule of Civil Procedure 42(a) (hereafter the "Consolidated Action"): Miller v. Lumico Life Insurance Company, No. 1:23-cv-06797-MKV, filed August 3, 2023 and currently pending before Judge Mary Kay Vyskocil, and Oneal, et al. v. Lumico Life Insurance Company, No. 7:23-cv-07078-PMH, filed August 10, 2023 and currently pending before Judge Philip M. Halpern. All papers filed in the Consolidated Action must be filed under Case. No. 1:23-cv-06797-MKV, the number assigned to the first-filed case, and must bear the following caption: 2. The case file for the Consolidated Action will be maintained under the Master File Case No. 1:23-cv-06797-MKV. 4. The clerk is directed to administratively close the following related case: Oneal, et al. v. Lumico Life Insurance Company, No. 7:23-cv-07078-PMH currently pending before Judge Philip M. Halpern. As further set forth by this Order. PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/3/2023) Filed In Associated Cases: 1:23-cv-06797-MKV, 7:23-cv-07078-PMH (tg)
September 14, 2023 Opinion or Order Filing 13 ORDER FOR ADMISSION OF PATRICK A. BARTHLE PRO HAC VICE granting #12 Motion to Appear Pro Hac Vice. The Court has reviewed the motion of Patrick A. Barthle together with his supporting affidavit and exhibits [ECF 12] for admission to the practice pro hac vice as counsel for Samuel Miller and all others similarly situated. As further set forth by this Order. (Signed by Judge Mary Kay Vyskocil on 9/14/2023) (tg)
September 13, 2023 Filing 12 MOTION for Patrick A. Barthle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28281537. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Samuel Miller. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Proposed Order Granting Motion to Appear Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Barthle, Patrick)
September 13, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Patrick A. Barthle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28281537. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 11, 2023 Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Samuel Miller..(Sedgh, Jonathan)
September 5, 2023 Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Consolidate Cases 7:23-cv-07078 . Document filed by Samuel Miller..(Sedgh, Jonathan) Modified on 9/11/2023 (lb).
August 25, 2023 Filing 9 NOTICE OF APPEARANCE by Michael Bahar on behalf of Lumico Life Insurance Company..(Bahar, Michael)
August 18, 2023 Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-07078. Document filed by Lumico Life Insurance Company..(Nolan, Francis)
August 18, 2023 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Reinsurance Ltd for Lumico Life Insurance Company. Document filed by Lumico Life Insurance Company..(Nolan, Francis)
August 17, 2023 Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Lumico Life Insurance Company waiver sent on 8/16/2023, answer due 10/16/2023. Document filed by Samuel Miller..(Sedgh, Jonathan)
August 17, 2023 Filing 5 NOTICE OF APPEARANCE by Francis Xavier Nolan, IV on behalf of Lumico Life Insurance Company..(Nolan, Francis)
August 8, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to Lumico Life Insurance Company..(pc)
August 7, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Lumico Life Insurance Company, re: #1 Complaint. Document filed by Samuel Miller..(Sedgh, Jonathan)
August 7, 2023 Filing 2 CIVIL COVER SHEET filed..(Sedgh, Jonathan)
August 4, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan M. Sedgh. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000; County code Westchester;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000; the County code has been modified to XX Out of State;. (jgo)
August 4, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jonathan M. Sedgh to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Cause of Action code listed does not correspond with the Basis of Jurisdiction code selected; Citizenship of Principal parties must only be selected when Diversity Basis of Jurisdiction code is selected; the PDF was not properly signed by the attorney; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
August 4, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan M. Sedgh. The party information for the following party/parties has been modified: Samuel Miller. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
August 4, 2023 Magistrate Judge Katharine H. Parker 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. (jgo)
August 4, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(jgo)
August 4, 2023 Case Designated ECF. (jgo)
August 3, 2023 Filing 1 COMPLAINT against Lumico Life Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-28096075)Document filed by Samuel Miller. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Sedgh, Jonathan)

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Consolidated plaintiff: Lacheryl Oneal
Represented By: VICKI MANIATIS
Represented By: Gary M. Klinger
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Consolidated plaintiff: LaTonya Williams
Represented By: VICKI MANIATIS
Represented By: Gary M. Klinger
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Consolidated plaintiff: Fannie Colay
Represented By: VICKI MANIATIS
Represented By: Gary M. Klinger
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Plaintiff: Samuel Miller
Represented By: Patrick A. Barthle, II
Represented By: Jonathan M. Sedgh
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Defendant: Lumico Life Insurance Company
Represented By: Francis Xavier Nolan, IV
Represented By: Michael Bahar
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