Thomas v. T. Mobile
| Foster Lee Thomas |
| T. Mobile |
| 4:2023cv00208 |
| March 29, 2023 |
| US District Court for the Western District of Missouri |
| Brian C Wimes |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 CASE TRANSFERRED IN from District of New York Southern; Case Number 1:23-cv-00623. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Missouri.(rdz) [Transferred from nysd on 3/29/2023.] |
Filing 5
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Western District of Missouri, Western Division. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/17/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 3/29/2023.]
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Filing 4
ORDER TO SHOW CAUSE: Plaintiff brings this action pro se. He alleges that Defendant T-Mobile did not adequately protect personal information and that its computer system was the target of a "criminal cyber-attack." (ECF 2 at 2.) Plaintiff writes, without further explanation, "data breach settlement." Multi-district litigation for a T-Mobile data breach is pending in the Western District of Missouri, Western Division, and a proposed settlement has been preliminarily approved, In Re: T-Mobile Customer Data Security Breach Litigation, No. 4:21-MD-03019 (BCW) (W.D. Mo.). It appears that Plaintiff intends for his suit to be related to the class action suit pending in the Western District of Missouri. The Court therefore directs Plaintiff to show cause, by filing a written declaration within 30 days of the date of this order, why this matter should not be transferred to the United States District Court for the Western District of Missouri, to allow Plaintiff to request that it be related to that class action suit. Plaintiff's response to this order must be submitted to the Court's Pro Se Intake Unit, and the document should bear the docket number 23-CV-0623 (LTS). A declaration form for Plaintiff to use is attached to this order. If Plaintiff does not respond to this order, or if his response does not show cause why this matter should not be transferred, this action will be transferred under 28 U.S.C. 1404 to the Western District of Missouri. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court at this time. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/7/2023) (vfr) [Transferred from nysd on 3/29/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from nysd on 3/29/2023.] |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Foster L. Thomas consents to receive electronic service via the ECF system. Document filed by Foster Lee Thomas..(rdz) [Transferred from nysd on 3/29/2023.] |
| Filing 2 COMPLAINT against T. Mobile. Document filed by Foster Lee Thomas..(rdz) [Transferred from nysd on 3/29/2023.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Foster Lee Thomas..(rdz) [Transferred from nysd on 3/29/2023.] |
| Case Designated ECF. (rdz) [Transferred from nysd on 3/29/2023.] |
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| Plaintiff: Foster Lee Thomas | |
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| Defendant: T. Mobile | |
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