Sykes v. TSG Interactive US Services Limited
| Brian Tucker and Melanie Sykes |
| TSG Interactive US Services Limited doing business as Pokerstars |
| 1:2024cv10183 |
| January 24, 2024 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 NOTICE of Appearance by Sean Michael Topping on behalf of TSG Interactive US Services Limited (Topping, Sean) |
| Filing 34 Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions)See MDL Master Docket 23-md-3083 for all subsequent procedural orders. (McManus, Caetlin) |
| Filing 33 NOTICE TO ALL COUNSEL: Pursuant to CTO Number 23 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-07210-JMF has been transferred to the District of Massachusetts and assigned civil action number: 1:24-cv-10183-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Belpedio, Lisa) |
| Filing 32 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa) |
| Filing 31 Case transferred in from District of New York Southern; Case Number 1:23-cv-07210. |
| Filing 30 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 12/21/2023) (vba) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba) |
Filing 29
ORDER granting #28 Letter Motion to Stay re: #28 LETTER MOTION to Stay re: all deadlines pending transfer into the MDL addressed to Judge Jesse M. Furman from Joseph Hughes dated December 8, 2023. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/23) (yv)
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| Filing 28 LETTER MOTION to Stay re: all deadlines pending transfer into the MDL addressed to Judge Jesse M. Furman from Joseph Hughes dated December 8, 2023. Document filed by TSG Interactive US Services Limited. (Attachments: #1 Exhibit 1).(Hughes, Joseph) |
| Filing 27 AMENDED COMPLAINT amending #1 Complaint against TSG Interactive US Services Limited with JURY DEMAND.Document filed by Melanie Sykes, Brian Tucker. Related document: #1 Complaint. (Attachments: #1 Exhibit A Notice Letter).(Ostrow, Jeffrey) |
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Filing 26
ORDER: Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. (Signed by Judge Jesse M. Furman on 11/6/2023) (rro)
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Filing 25
ORDER GRANTING PLAINTIFFS' MOTION TO APPOINT INTERIM CO-LEAD CLASS COUNSEL AND SET SCHEDULE FOR FILING OF CONSOLIDATED COMPLAINT: This matter comes before the Court on Plaintiffs' Motion to Consolidate Cases, Appoint Interim Co-Lead Class Counsel and Set Schedule for Filing of Consolidated Complaint ("Motion"). The Court being fully advised and for good cause shown, the Motion is hereby GRANTED. Therefore, IT IS ORDERED that that, having given due consideration to the relevant factors set forth in Rule 23(g)(1)(A)(i)-(iv), and finding that the proposed counsel meet the adequacy requirements thereunder, Jeff Ostrow, Gary M. Klinger, and Rachel Dapeer are appointed as Interim Co-Lead Class Counsel, in accordance with Rule 23(g)(3). Plaintiffs' Interim Co-Lead Class Counsel will be responsible for and have plenary authority to prosecute any and all claims of Plaintiffs and the putative class and to provide general supervision of the activities of Plaintiffs' counsel in the Consolidated Action. Specifically, Interim Co-Lead Class Counsel shall have the following responsibilities, duties and sole authority to: as set forth herein. IT IS FURTHER ORDERED that Plaintiffs in this action shall file a Consolidated Class Action Complaint within 30 days of this Order, and Defendant's response thereto shall be due 30 days after the Consolidated Class Action Complaint is filed. The Initial Pretrial Conference scheduled for November 14, 2023 is hereby adjourned until January 23, 2024 at 9:00 a.m. It is hereby ORDERED that this Order shall apply to any action filed in, transferred to, or removed to this Court which relates to the subject matter at issue in this case. SO ORDERED., ( Initial Conference set for 1/23/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/10/2023) (ama)
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Filing 24
MEMO ENDORSEMENT on re: (23 in 1:23-cv-07210-JMF) Letter, filed by TSG Interactive US Services Limited. ENDORSEMENT: Plaintiffs' consolidated amended complaint shall be due 30 days from the resolution of the motion to appoint co-lead counsel; Defendant's deadline to answer or otherwise respond shall be due 30 days thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/27/2023) Filed In Associated Cases: 1:23-cv-07210-JMF, 1:23-cv-07265-JMF (tg)
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| Filing 23 LETTER addressed to Judge Jesse M. Furman from Joseph Hughes dated September 27, 2023 re: parties request the Court order that TSG's previous deadlines to respond to the respective complaints are now moot in light of consolidation.. Document filed by TSG Interactive US Services Limited..(Hughes, Joseph) |
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Filing 22
ORDER granting #21 Motion for Gary M. Klinger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 21 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28345028. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melanie Sykes. (Attachments: #1 Affidavit of Gary M. Klinger, #2 Proposed Order Proposed Order).(Klinger, Gary) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Gary M. Klinger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28345028. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
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Filing 20
ORDER granting (15) Motion to Appoint Counsel Appointed Rachel Nicole Dapeer,Gary M. Klinger for Melanie Sykes in case 1:23-cv-07210-JMF. Therefore, the Court explained that it was "inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes," set a deadline for objections of September 21, 2023, and ruled that if no objections were filed, it would "consolidate the two cases without further notice to the parties." Id. On September 20, 2023, Defendant filed a letter stating that it did not oppose consolidation. No other letters relating to consolidation have been filed. Therefore, it is hereby ORDERED that the two above-captioned cases are consolidated under 23-CV-7210. In addition, on September 17, 2023, Plaintiffs filed a motion to appoint Jeff Ostrow, Gary M. Klinger, and Rachel Dapeer as Interim Co-Lead Class Counsel pursuant to Fed. R. Civ. P. 23(g). ECF No. 15. The Court deferred setting a setting of a briefing schedule for that motion until the consolidation issue was resolved. ECF No. 18. It is now hereby ORDERED that any other members of the purported class have until September 29, 2023, to move the Court to serve as lead plaintiffs. It is further ORDERED that opposition to any motion for appointment of lead plaintiff - including the already filed motion - shall be served and filed by October 6, 2023. The Clerk of Court is directed to file this order in both cases, consolidate 23-CV-7210 and 23-CV-7265 under case number 23-CV-7210, and close 23-CV-7265. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2023) Filed In Associated Cases: 1:23-cv-07210-JMF, 1:23-cv-07265-JMF (tg)
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| Set/Reset Deadlines: Motions due by 9/29/2023. Responses due by 10/6/2023 Associated Cases: 1:23-cv-07210-JMF, 1:23-cv-07265-JMF(tg) |
| Filing 19 LETTER addressed to Judge Jesse M. Furman from Joseph Hughes dated September 20, 2023 re: Defendant does not oppose consolidation of the Sykes and Tucker cases and, in the event of consolidation, does not oppose the relief sought in Plaintiffs' Motion. Document filed by TSG Interactive US Services Limited..(Hughes, Joseph) |
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Filing 18
ORDER, In light of the Court's September 14, 2023 Order stating that the "Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes," which set a deadline of September 21, 2023 for any opposition, the Court will defer the setting of a briefing schedule for the motion (or the setting of a deadline for any other motions for appointment as interim co-lead class counsel) until the consolidation issue is resolved. SO ORDERED. ( Responses due by 9/21/2023) (Signed by Judge Jesse M. Furman on 9/18/23) (yv)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 17 PROPOSED ORDER. Document filed by Melanie Sykes. Related Document Number: #15 ..(Ostrow, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Counsel Plaintiffs' Motion to Appoint Interim Co-Lead Class Counsel and Set Schedule for Filing of Consolidated Complaint. . Document filed by Melanie Sykes..(Ostrow, Jeffrey) |
| Filing 15 MOTION to Appoint Counsel Plaintiffs' Motion to Appoint Interim Co-Lead Class Counsel and Set Schedule for Filing of Consolidated Complaint. Document filed by Melanie Sykes..(Ostrow, Jeffrey) |
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Filing 14
ORDER. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by September 21, 2023. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/14/23) (yv)
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| Filing 13 LETTER addressed to Judge Jesse M. Furman from Joseph Hughes dated September 12, 2023 re: related case notice. Document filed by TSG Interactive US Services Limited..(Hughes, Joseph) |
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Filing 12
ORDER granting #11 Motion for Jason K. Fagelman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Jason K. Fagelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28228283. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 11 MOTION for Jason K. Fagelman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28228283. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TSG Interactive US Services Limited. (Attachments: #1 Affidavit Declaration of Jason K. Fagelman in Support of Motion for Admission Pro Hac Vice, #2 Exhibit TX Certificate of Good Standing, #3 Proposed Order - Proposed Order).(Fagelman, Jason) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Joseph Hughes dated August 30, 2023., #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 9. SO ORDERED. TSG Interactive US Services Limited answer due 10/12/2023. (Signed by Judge Jesse M. Furman on 8/31/2023) (tg)
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| Filing 9 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Joseph Hughes dated August 30, 2023. Document filed by TSG Interactive US Services Limited..(Hughes, Joseph) |
| Filing 8 NOTICE OF APPEARANCE by Joseph Kenmore Morgan Hughes on behalf of TSG Interactive US Services Limited..(Hughes, Joseph) |
| Filing 7 SUMMONS RETURNED EXECUTED. TSG Interactive US Services Limited served on 8/18/2023, answer due 9/8/2023. Service was accepted by Minard Carkner - Authorized Agent. Document filed by Melanie Sykes..(Shamis, Andrew) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 14, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 11/14/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/17/23) (yv)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to TSG Interactive US Services Limited..(jgo) |
| ***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: Dollar Demand $5,000,000,000; County code New York;. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (jgo) |
| Filing 4 NOTICE of Exhibit A to Complaint re: #1 Complaint. Document filed by Melanie Sykes..(Shamis, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TSG INTERACTIVE US SERVICES LIMITED D/B/A PokerStars, re: #1 Complaint. Document filed by Melanie Sykes..(Shamis, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Shamis, Andrew) |
| Filing 1 COMPLAINT against TSG Interactive US Services Limited. (Filing Fee $ 402.00, Receipt Number ANYSDC-28150672)Document filed by Melanie Sykes..(Shamis, Andrew) |
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