IN RE: GE/CBPS DATA BREACH LITIGATION
Plaintiff: Steven Fowler and Maher Baz
Defendant: Canon Business Process Services, Inc. and General Electric Company
Case Number: 1:2020cv02903
Filed: April 8, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2020 Opinion or Order Filing 32 ORDER FOR ADMISSION PRO HAC VICE granting #31 Motion for Kenneth Lee Chernof to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 6/5/2020) (rjm)
June 4, 2020 Opinion or Order Filing 31 MOTION for Kenneth Lee Chernof to Appear Pro Hac Vice Filing Fee $200.00, receipt number ANYSDC-20076668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Canon Business Process Services, Inc., General Electric Company. (Attachments: #1 Affidavit of Kenneth Lee Chernof, #2 Certificate of Good Standing California, #3 Certificate of Good Standing - District of Columbia, #4 Certificate of Good Standing - Maryland, #5 Text of Proposed Order).(Chernof, Kenneth)
June 4, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Kenneth Lee Chernof to Appear Pro Hac Vice Filing Fee $200.00, receipt number ANYSDC-20076668. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
June 2, 2020 Opinion or Order Filing 30 MOTION for Kenneth Lee Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20076668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Canon Business Process Services, Inc., General Electric Company. (Attachments: #1 Affidavit of Kenneth Lee Chernof, #2 Certificate of Good Standing - California, #3 Certificate of Good Standing - District of Columbia, #4 Certificate of Good Standing - Maryland, #5 Text of Proposed Order).(Chernof, Kenneth)
June 2, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for Kenneth Lee Chernof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20076668. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from California Supreme Court;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)
June 1, 2020 Opinion or Order Filing 29 ORDER: The Court is in receipt of the motions to be appointed interim class counsel from both counsel for Plaintiff Fowler and Plaintiff Baz, as well as the briefing on such motions. (Dkt. #16-20, 26-28). The parties are hereby ORDERED to appear for a hearing on such motions on June 11, 2020, at 11:00 a.m. The hearing will proceed via video conference, with audio access as follows: Dial-in (917) 933-2166, Conference ID: 478621893. The parties who will be participating by video will be provided a link in advance of the conference. (Telephone Conference set for 6/11/2020 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/1/2020) (rro)
May 29, 2020 Opinion or Order Filing 28 RESPONSE re: #16 MOTION to Appoint Counsel APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL., #17 MOTION to Appoint Counsel . Defendants Response to Applications for Appointment of Interim Class Counsel Filed by Plaintiffs Fowler and Baz. Document filed by Canon Business Process Services, Inc., General Electric Company..(Schreck, Debra)
May 29, 2020 Opinion or Order Filing 27 RESPONSE in Support of Motion re: #16 MOTION to Appoint Counsel APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL. RESPONSE IN FURTHER SUPPORT OF APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL. Document filed by Maher Baz..(Rivas, Rosemary)
May 29, 2020 Opinion or Order Filing 26 RESPONSE in Opposition to Motion re: #16 MOTION to Appoint Counsel APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL. . Document filed by Steven Fowler..(Fraietta, Philip)
May 26, 2020 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion for Gary E. Mason to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 5/26/2020) (mro)
May 22, 2020 Opinion or Order Filing 24 MOTION for Gary E. Mason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19945681. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Fowler. (Attachments: #1 Affidavit of Gary E. Mason, #2 DC COGS, #3 MD COGS, #4 NY COGS, #5 Text of Proposed Order).(Mason, Gary)
May 22, 2020 Opinion or Order Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Gary M. Klinger to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 5/22/2020) (rro)
May 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Gary E. Mason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19945681. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
May 21, 2020 Opinion or Order Filing 22 AMENDED MOTION for Gary M. Klinger to Appear Pro Hac Vice Receipt No. ANYSDC-19910580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Fowler. (Attachments: #1 Affidavit of Gary M. Klinger, #2 IL COGS, #3 Text of Proposed Order).(Klinger, Gary)
May 21, 2020 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Debra E. Schreck on behalf of Canon Business Process Services, Inc., General Electric Company..(Schreck, Debra)
May 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 AMENDED MOTION for Gary M. Klinger to Appear Pro Hac Vice Receipt No. ANYSDC-19910580. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
May 20, 2020 Opinion or Order Filing 20 DECLARATION of Gary E. Mason in Support re: #17 MOTION to Appoint Counsel .. Document filed by Steven Fowler..(Fraietta, Philip)
May 20, 2020 Opinion or Order Filing 19 DECLARATION of Philip L. Fraietta in Support re: #17 MOTION to Appoint Counsel .. Document filed by Steven Fowler..(Fraietta, Philip)
May 20, 2020 Opinion or Order Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Counsel . . Document filed by Steven Fowler..(Fraietta, Philip)
May 20, 2020 Opinion or Order Filing 17 MOTION to Appoint Counsel . Document filed by Steven Fowler..(Fraietta, Philip)
May 20, 2020 Opinion or Order Filing 16 MOTION to Appoint Counsel APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL. Document filed by Maher Baz. (Attachments: #1 Exhibit A - RMR Biography, #2 Exhibit B - Firm Resume, #3 Exhibit C - [PROPOSED] ORDER REGARDING PROTOCOL FOR COMMON BENEFIT WORK AND EXPENSES, #4 [PROPOSED] ORDER GRANTING APPLICATION FOR APPOINTMENT OF ROSEMARY M. RIVAS AS INTERIM COUNSEL).(Rivas, Rosemary)
May 20, 2020 Opinion or Order Filing 15 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19910580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steven Fowler. (Attachments: #1 Affidavit of Gary M. Klinger, #2 IL COGS, #3 Text of Proposed Order).(Klinger, Gary)
May 20, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Gary M. Klinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19910580. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): affidavit not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)
May 15, 2020 Opinion or Order Filing 14 STIPULATION TO CONSOLIDATE ACTIONS AND SET SCHEDULING DEADLINES: NOW THEREFORE, the Parties through their respective counsel and subject to the Court'sapproval hereby stipulate that: 1. The Fowler and Baz actions currently pending in this District, and any other action arising out of the same or similar operative facts now pending or hereafter filed in, removed to, or transferred to this District shall be consolidated for pre-trial purposes pursuant to Fed. R. Civ. P. 42(a) before the Honorable Katherine Polk Failla (hereafter the "Consolidated Action"). 2. All papers filed in the Consolidated Action shall be filed under Case No. 1:20-cv-02903-KPF, the number assigned to the first-filed case, and shall bear the following caption As further set forth in this Order. 3. The case file for the Consolidated Action will be maintained under Master File No.: 1:20-cv-02903-KPF. When a pleading is intended to apply to all actions to which this Orderapplies, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption described above. When a pleading is not intended to apply to all actions, the docket number for each individual action to which the paper is intended to apply and the last name of the first-named plaintiff in said action shall appear immediately after the words "This Document Relates To:" in the caption identified above, e.g., "1:20-cv-02903-KPF (Fowler)" 4. Any action subsequently filed in, transferred to or removed to this Court that arises out of the same or similar operative facts as the Consolidated Action shall be consolidated with the Consolidated Action for pre-trial purposes. The parties shall file a Notice of Related Action pursuant to Local Rule 13 whenever a case that should be consolidated into this action is filed in, transferred to, or removed to this District. The Initial Pretrial Conference scheduled for September 16, 2020 at 3:30 p.m.will remain on calendar. As further set forth in this Order. IT IS SO STIPULATED. IT IS SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/15/2020) ( Initial Conference set for 9/16/2020 at 03:30 PM before Judge Katherine Polk Failla.) Filed In Associated Cases: 1:20-cv-02903-KPF, 1:20-cv-03149-KPF (ks)
May 14, 2020 Opinion or Order Filing 13 NOTICE of Stipulation and Proposed Order to Consolidate Actions and Set Scheduling Deadlines. Document filed by Steven Fowler..(Fraietta, Philip)
April 30, 2020 Opinion or Order Filing 12 STIPULATION, IT IS HEREBY STIPULATED AND AGREED by the plaintiff and defendants Canon Business Process Services, Inc. and General Electric Company ( collectively, "Defendants"), through their undersigned counsel, that the time for Defendants to answer, move or otherwise respond to the Complaint is hereby extended to June 15, 2020. So Ordered. (Canon Business Process Services, Inc. answer due 6/15/2020; General Electric Company answer due 6/15/2020.) (Signed by Judge Katherine Polk Failla on 4/30/20) (yv)
April 30, 2020 Opinion or Order Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Canon Business Process Services, Inc., General Electric Company..(Schreck, Debra)
April 22, 2020 Opinion or Order Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: On April 22, 2020 this case was accepted, and reassigned to me, as related to 20cv2903 (KPF), Fowler v. Canon Business Process Services, Inc. et al. This Court previously scheduled an Initial Pretrial Conference to take place on September 16, 2020 in Fowler (Doc. #9 in 20cv2903 (KPF)). Therefore, it is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on September 16, 2020, at 3:30 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. At that conference, the Court will discuss the options concerning consolidation of these matters. (Initial Conference set for 9/16/2020 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/22/2020) (rro)
April 16, 2020 Opinion or Order Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/16/2020 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/16/2020) (rro)
April 16, 2020 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED. Canon Business Process Services, Inc. served on 4/10/2020, answer due 5/1/2020. Service was accepted by John Doe, Registered Agent. Document filed by Steven Fowler..(Fraietta, Philip)
April 16, 2020 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED. General Electric Company served on 4/10/2020, answer due 5/1/2020. Service was accepted by Ross Depina, Registered Agent. Document filed by Steven Fowler..(Fraietta, Philip)
April 9, 2020 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to General Electric Company..(pc)
April 9, 2020 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Canon Business Process Services, Inc...(pc)
April 9, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc)
April 9, 2020 Opinion or Order Magistrate Judge Gabriel W. Gorenstein 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. (pc)
April 9, 2020 Opinion or Order Case Designated ECF. (pc)
April 8, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric Company, re: #1 Complaint. Document filed by Steven Fowler..(Fraietta, Philip)
April 8, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Canon Business Process Services, Inc., re: #1 Complaint. Document filed by Steven Fowler..(Fraietta, Philip)
April 8, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Fraietta, Philip)
April 8, 2020 Opinion or Order Filing 1 COMPLAINT against Canon Business Process Services, Inc., General Electric Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-19376277)Document filed by Steven Fowler..(Fraietta, Philip)

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Defendant: Canon Business Process Services, Inc.
Represented By: Debra E. Schreck
Represented By: Kenneth L. Chernof
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Defendant: General Electric Company
Represented By: Debra E. Schreck
Represented By: Kenneth L. Chernof
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Plaintiff: Steven Fowler
Represented By: Philip Lawrence Fraietta
Represented By: Gary E. Mason
Represented By: Gary M. Klinger
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Plaintiff: Maher Baz
Represented By: Rosemary M. Rivas
Represented By: Eduard Korsinsky
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