Arkansas Federal Credit Union et al v. Hudson's Bay Company et al
Arkansas Federal Credit Union and The Summit Federal Credit Union |
Lord & Taylor, LLC, Hudson's Bay Company and Saks Incorporated |
1:2019cv04492 |
May 16, 2019 |
US District Court for the Southern District of New York |
P Kevin Castel |
Other Fraud |
28 U.S.C. § 1332 fr |
Plaintiff |
Docket Report
This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 42 LETTER addressed to Judge P. Kevin Castel from Gregory T. Parks dated July 9, 2019 re: Response to Order to Show Cause. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated.(Parks, Gregory) |
Filing 41 BRIEF re: #35 Order,,,,,,,,,,,, Terminate Hearings,,,,,,,,,,,, Set Hearings,,,,,,,,,,, FINANCIAL INSTITUTION PLAINTIFFS' RESPONSE TO ORDER TO SHOW CAUSE REGARDING CONSOLIDATION. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union.(Guglielmo, Joseph) |
Filing 40 NOTICE of NOTICE IN SUPPORT OF CONSOLIDATION. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Pollack, Janine) |
Filing 39 ORDER granting #38 Motion for William Rolf Olson to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for William Rolf Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17183160. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 38 MOTION for William Rolf Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17183160. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Olson, William) |
Filing 37 ORDER granting #36 Letter Motion to Adjourn Conference. Conference adjourned from July 10 to August 1 at 2 pm. So Ordered. Case Management Conference set for 8/1/2019 at 02:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/1/2019) (js) |
Filing 36 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Gregory T. Parks dated July 1, 2019. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated.(Parks, Gregory) |
Filing 35 ORDER: Presently before the Court are four related actions, each a purported class action relating to data breaches discovered in our about March 2018 in the payment-card databases of Sales Fifth Avenue LLC, Saks & Company LLC, Sales Incorporated and Lord & Taylor, LLC all of which are owned by Hudson's Bay Company. Rudolph v. Hudson's Bay Company, et al., 18 cv 8472 (PKC); Knight, et al. v. Saks Incorporated, 19 cv 4186 (PKC); Harris, et al. v. Lord & Taylor LLC, 19 cv 4199 (PKC); Arkansas Federal Credit Union, et al. v Hudson's Bay, et al.,19 CV 4492 (PKC). The parties to the actions other than Rudolph separately advance what they must view as the modest proposals that there be three rounds of motions to dismiss. Rudolph proposes to barrel ahead with discovery immediately. The proposed plans of action would be an abdication of the Court's case management responsibilities and would turn the goals of Rules 1 and 23, Fed. R. Civ. P., on their head. Having reviewed and considered the proposals, they are rejected as non-starters. The Court is fully aware that the plaintiffs in each of these putative class actions are different and residents of different states with different state law claims. All are against either Hudson's or one of the three units of Hudson's referenced above and assert claims for negligence, negligence per se and breach of an implied contract. Indeed, plaintiffs in the Harris and Knight actions previously wrote to this Court seeking to intervene in the Rudolph action, describing their actions as "aris[ing] out of the same facts involving the same alleged data breach" as Rudolph. (Ltr Mar 19, 2019, at p. 1). They described Rudolph as a "later-filed copycat action." (Id.) The common sense solution is as follows: counsel in the four actions agree upon the filing of a Consolidated Amended Class Action Complaint. In the absence of such agreement, the likely alternative would be for this Court to fashion an appropriate stay in whole or in part of three of the actions with leave to amend granted to the surviving action. Let the parties to the four actions show cause in writing by July 9, 2019 why the four actions ought not be consolidated under the caption "In re Hudson Bay's Company Data Breach Litigation" with leave to file a Consolidated Class Action Complaint or, alternatively, staying overlapping claims in all but one of the four actions. The case management conference scheduled for July 1, 2019 is adjourned until July 10 at 2 p.m. ( Case Management Conference set for 7/10/2019 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/28/2019) (mro) |
Filing 34 ORDER granting #31 Motion for Kristin M. Hadgis to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 33 ORDER granting #29 Motion for Gregory T. Parks to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 32 ORDER granting #30 Motion for Ezra D. Church to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 31 MOTION for Kristin M. Hadgis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17156007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Attachments: #1 Exhibit A - Declaration of Kristin M. Hadgis in Support of Motion For Admission Pro Hace Vice, #2 Exhibit B - Certificate of Good Standing - Pennsylvania, #3 Exhibit C - Certificate of Good Standing - New Jersey, #4 Exhibit D - Proposed Order)(Hadgis, Kristin) |
Filing 30 MOTION for Ezra D. Church to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17155378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Attachments: #1 Exhibit A - Declaration of Ezra D. Church in Support of Motion for Admission Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing - Pennsylvania, #3 Exhibit C - Certificate of Good Standing New Jersey, #4 Exhibit D - Certificate of Good Standing - Louisiana, #5 Exhibit E - Proposed Order)(Church, Ezra) |
Filing 29 MOTION for Gregory T. Parks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17154788. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Attachments: #1 Exhibit A - Declaration of Gregory T. Parks in Support of Motion For Admission Pro Hac Vice, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order)(Parks, Gregory) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Gregory T. Parks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17154788. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Ezra D. Church to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17155378. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Kristin M. Hadgis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17156007. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 28 JOINT LETTER addressed to Judge P. Kevin Castel from Gregory T. Parks dated June 25, 2019 re: stipulated briefing schedule should Defendants intend to file a responsive pleading other than an answer. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Attachments: #1 Joint Stipulation and [Proposed] Order Regarding Briefing Schedule)(Schacter, Kenneth) |
Filing 27 LETTER addressed to Judge P. Kevin Castel from Gregory T. Parks dated June 25, 2019 re: case management and scheduling proposals agreed upon with Counsel for Plaintiffs. Document filed by Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated.(Schacter, Kenneth) |
Filing 26 NOTICE OF APPEARANCE by Jawad B. Muaddi on behalf of Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Muaddi, Jawad) |
Filing 25 NOTICE OF APPEARANCE by Kenneth Ian Schacter on behalf of Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Schacter, Kenneth) |
Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Saks Incorporated waiver sent on 5/28/2019, answer due 7/29/2019. Document filed by Arkansas Federal Credit Union; The Summit Federal Credit Union. (Guglielmo, Joseph) |
Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Lord & Taylor, LLC waiver sent on 5/28/2019, answer due 7/29/2019. Document filed by Arkansas Federal Credit Union; The Summit Federal Credit Union. (Guglielmo, Joseph) |
Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Hudson's Bay Company waiver sent on 5/28/2019, answer due 7/29/2019. Document filed by Arkansas Federal Credit Union; The Summit Federal Credit Union. (Guglielmo, Joseph) |
Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Summit Federal Credit Union.(Guglielmo, Joseph) |
Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Arkansas Federal Credit Union.(Guglielmo, Joseph) |
Filing 19 ORDER granting #18 Motion for Karen Sharp Halbert to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 18 MOTION for Karen Sharp Halbert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16969222. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order)(Halbert, Karen) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Karen Sharp Halbert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16969222. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 17 ORDER granting #15 Motion for Jamisen A. Etzel to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 16 ORDER granting #14 Motion for Gary F. Lynch to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) |
Filing 15 MOTION for Jamisen A. Etzel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16933340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Attachments: #1 Affidavit, #2 Exhibit: Certificate of Good Standing, #3 Text of Proposed Order)(Etzel, Jamisen) |
Filing 14 MOTION for Gary F. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16933218. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Attachments: #1 Affidavit, #2 Exhibit: Certificates of Good Standing, #3 Text of Proposed Order)(Lynch, Gary) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Gary F. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16933218. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jamisen A. Etzel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16933340. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 13 ORDER: Conference is scheduled for July 1, 2019 at 12:00 p.m. in Courtroom 11D, 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 7/1/2019 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/21/2019) (ne) |
CASE ACCEPTED AS RELATED. Create association to 1:18-cv-08472-PKC. Notice of Assignment to follow. (jc) |
NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (jc) |
Magistrate Judge Stewart D. Aaron 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: #http://nysd.uscourts.gov/forms.php. (jc) |
Filing 12 ELECTRONIC SUMMONS ISSUED as to Saks Incorporated. (dnh) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Lord & Taylor, LLC. (dnh) |
Filing 10 ELECTRONIC SUMMONS ISSUED as to Hudson's Bay Company. (dnh) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Saks Incorporated, re: #1 Complaint. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Guglielmo, Joseph) |
Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Lord & Taylor, LLC, re: #1 Complaint. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Guglielmo, Joseph) |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Hudson's Bay Company, re: #1 Complaint. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Guglielmo, Joseph) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
Case Designated ECF. (pne) |
CASE REFERRED TO Judge P. Kevin Castel as possibly related to 18CV8472. (pne) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Peter Guglielmo. The party information for the following party/parties has been modified: Arkansas Federal Credit Union, The Summit Federal Credit Union. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joseph Peter Guglielmo to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): each summons request must be filed separately; summons requests can not be filed as attachments. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
Filing 6 NOTICE OF APPEARANCE by Erin Green Comite on behalf of Arkansas Federal Credit Union, The Summit Federal Credit Union. (Comite, Erin) |
Filing 5 NOTICE OF APPEARANCE by Carey Alexander on behalf of Arkansas Federal Credit Union, The Summit Federal Credit Union. (Alexander, Carey) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to Case No. 1:18-cv-08472-PKC. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union.(Guglielmo, Joseph) |
Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Hudson's Bay Company, Saks Incorporated, and Lord & Taylor, LLC, re: #1 Complaint. Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union. (Attachments: #1 Summons, #2 Summons)(Guglielmo, Joseph) Modified on 5/17/2019 (pne). |
Filing 2 CIVIL COVER SHEET filed. (Guglielmo, Joseph) |
Filing 1 COMPLAINT against Hudson's Bay Company, Lord & Taylor, LLC, Saks Incorporated. (Filing Fee $ 400.00, Receipt Number ANYSDC-16897991)Document filed by Arkansas Federal Credit Union, The Summit Federal Credit Union.(Guglielmo, Joseph) |
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