In re Christie's Data Breach Litigation
| Russell DeJulio, Efstathios Maroulis, ILDAR GAIFULLIN, William Colley, Yifan Shi and Alice Bruce |
| Christie's Inc. and Christies Inc. |
| 1:2024cv04221 |
| June 3, 2024 |
| U.S. District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1332 tn Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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Filing 32
ORDER On July 29, 2024, Plaintiff Gary Graifman filed a putative class action against Defendant Christie's Inc. in 24-CV-5714. The Court accepted it as related to 24-CV-4221. This is the latest in a string of putative class actions that have been filed against Christie's, all of which appear to involve common questions of law and fact and several of which have already been consolidated with 24-CV-4221, now captioned In re Christie's Data Breach Litigation. The Court is inclined to consolidate this new case as well, pursuant to Rule 42, for all purposes. Any party who objects to consolidation of 24-CV-5714 with 24-CV-4221 shall file a letter brief, not to exceed three single-spaced pages, by August 5, 2024. If no party files a letter opposing consolidation, the Court will consolidate the cases without further notice to the parties. Additionally, in light of the Court's recent Order granting a motion by all Plaintiffs in the already-consolidated actions to appoint interim lead class counsel and to file a consolidated class action complaint within twenty-one days of the entry of the Order, Plaintiff Graifman shall promptly confer with counsel for Plaintiffs in the lead case and inform the Court no later than August 5, 2024 whether he also intends to consent to (if not join) the forthcoming consolidated class complaint (which consolidated complaint would supersede his existing complaint). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/31/2024) (jca)
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Filing 31
NOTICE OF APPEARANCE by Raina C. Borrelli on behalf of ILDAR GAIFULLIN..(Borrelli, Raina)
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Filing 30
NOTICE OF APPEARANCE by Courtney Elizabeth Maccarone on behalf of Russell DeJulio, Yifan Shi..(Maccarone, Courtney)
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Filing 29
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO APPOINT INTERIM LEAD CLASS COUNSEL granting #26 Motion to Appoint Counsel. The Court hereby orders as follows: Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court hereby appoints the following as Interim Lead Class Counsel for the proposed Class, comprised of a two-person Co-Lead and three-person Plaintiffs' Executive Committee as further set forth in this Order. Interim CoLead Class Counsel shall have the following responsibilities and duties specified below, to be carried out either personally or through designated counsel: a. Initiate, brief, and argue motions on behalf of the respective Class on all matters arising during pre-trial proceedings, and prepare, serve and file opposing briefs in proceedings initiated by other parties; b.Represent the respective Class at pre-trial, scheduling and status conferences and as further set forth in this Order. Interim Lead Class Counsel shall file a consolidated complaint within 21 days of the entry of this order (which consolidated complaint will supersede the existing complaints). All responsive pleading deadlines for Defendant Christie's Inc. shall be held in abeyance until Interim Lead Class Counsel files the consolidated complaint. Defendant shall answer or otherwise responds to the consolidated complaint no later than 28 days after its filing. Plaintiffs shall have 21 days to file any opposition to Defendants motion to dismiss or otherwise. Defendant shall have 14 days to submit a reply. The instant motion appears to have been filed in each of the member cases. The parties are reminded that all future filings should be made only in the lead case (24-CV-4221). The Clerk of Court is directed to terminate ECF No. 26 in 24-CV-4221; ECF No. 12 in 24-CV-4386; ECF No. 13 in 24-CV-4604; and ECF No. 12 in 24-CV-4748. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 7/29/24) (yv)
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Filing 28
ORDER: As these actions involve common questions of law and fact and the parties do not object to consolidation, it is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 24-CV-4221. The initial pretrial conference scheduled in 24-CV-4221 will now also include the parties in 24-CV-4621; accordingly, the parties in 24-CV-4386 should carefully review the Notice of Initial Pretrial Conference docketed in 24-CV-4221 (ECF No. 6), as that Order and the requirements contained therein now apply to them as well. Separately, on July 26, 2024, all Plaintiffs in the now-consolidated actions including Plaintiff Gaifullin filed a joint motion to appoint Interim Lead Class Counsel and for leave to file a consolidated class action complaint. By separate Order to be entered today, the Court will grant their motion (as to which Christie's takes no position). The Clerk of Court is directed to consolidated 24-CV-4221 and 24-CV-4621 under case number 24-CV-4221, and to close 24-CV-4621. All future filings in the now-consolidated actions should be made in 24-CV-4221 alone, and shall use the caption In re Christie's Data Breach Litigation and reference the member case or cases to which the filing pertains. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/29/2024) Filed In Associated Cases: 1:24-cv-04221-JMF, 1:24-cv-04621-JMF (ks)
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Filing 27
MEMORANDUM OF LAW in Support re: (26 in 1:24-cv-04221-JMF, 12 in 1:24-cv-04386-JMF, 13 in 1:24-cv-04604-JMF, 12 in 1:24-cv-04748-JMF) MOTION to Appoint Counsel (Unopposed Motion to Appoint Interim Lead Class Counsel). . Document filed by William Colley, Russell DeJulio, Efstathios Maroulis, Yifan Shi. (Attachments: #1 Exhibit Firm Resumes, #2 Proposed Order Proposed Order)Filed In Associated Cases: 1:24-cv-04221-JMF, 1:24-cv-04386-JMF, 1:24-cv-04604-JMF, 1:24-cv-04748-JMF.(Lietz, David)
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Filing 26
MOTION to Appoint Counsel (Unopposed Motion to Appoint Interim Lead Class Counsel). Document filed by William Colley, Russell DeJulio, Efstathios Maroulis, Yifan Shi.Filed In Associated Cases: 1:24-cv-04221-JMF, 1:24-cv-04386-JMF, 1:24-cv-04604-JMF, 1:24-cv-04748-JMF.(Lietz, David)
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Filing 25
ORDER granting #24 Motion for Jonathan Stephen Mann to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 24
MOTION for Jonathan Stephen Mann to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Colley. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit of Jonathan S Mann, #3 Proposed Order Proposed Order).(Mann, Jonathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Jonathan Stephen Mann to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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Filing 23
ORDER. This is the latest in a string of putative class actions that have been filed against Christies, all of which appear to involve common questions of law and fact and several of which have already been consolidated with 24-CV-4221, now captioned In re Christies Data Breach Litigation. The Court is inclined to consolidate this new case as well, pursuant to Rule 42, for all purposes. Any party who objects to consolidation of 24-CV-4621 with 24-CV-4221 shall file a letter brief, not to exceed three single-spaced pages, by July 26, 2024. If no party files a letter opposing consolidation, the Court will consolidate the cases without further notice to the parties. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/22/24) (yv)
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Filing 22
ORDER granting #21 Motion for David K. Lietz 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 David K. Lietz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Efstathios Maroulis. (Attachments: #1 Affidavit Affidavit of David K. Lietz, #2 Proposed Order Proposed Order).(Lietz, David)
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Filing 20
FILING ERROR - PDF ERROR - MOTION for Jonathan Stephen Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29629916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Colley. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit of Jonathan S Mann, #3 Proposed Order Proposed Order).(Mann, Jonathan) Modified on 7/19/2024 (bc).
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Filing 19
FILING ERROR - PDF ERROR - MOTION for David K. Lietz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29628603. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Efstathios Maroulis. (Attachments: #1 Affidavit Affidavit of David K. Lietz, #2 Proposed Order Proposed Order).(Lietz, David) Modified on 7/19/2024 (bc).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for David K. Lietz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Jonathan Stephen Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29629916. 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 Supreme Court of Alabama;. Re-file the motion as a 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.. (bc)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for David K. Lietz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29628603. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from DC;. Re-file the motion as a 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.. (bc)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiffs' Complaints addressed to Judge Jesse M. Furman from Sean M. Topping dated July 8, 2024., #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/8/2024) (sgz)
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Filing 17
CONSENT LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiffs' Complaints addressed to Judge Jesse M. Furman from Sean M. Topping dated July 8, 2024. Document filed by Christie's Inc...(Topping, Sean)
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Filing 16
ORDER. It is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 24-CV-4221. The initial pretrial conference scheduled in 24-CV-4221 will now also include the parties in 24-CV-4604 and 24-CV-4748; accordingly, the parties in 24-CV-4604 and 24-CV-4748 should carefully review the Notice of Initial Pretrial Conference docketed in 24-CV-4221 (ECF No. 6), as that Order and the requirements contained therein now apply to them as well. The Clerk of Court is directed to consolidate 24-CV-4221, 24-CV-4604, and 24-CV-4748 under case number 24-CV-4221, and to close 24-CV-4604 and 24-CV-4748. All future filings in the now-consolidated actions should be made in 24-CV-4221 alone, and shall use the caption In re Christie's Data Breach Litigation and reference the member cases to which the filing pertains. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/24) Filed In Associated Cases: 1:24-cv-04221-JMF, 1:24-cv-04386-JMF, 1:24-cv-04604-JMF, 1:24-cv-04748-JMF (yv)
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Filing 15
ORDER On June 21, 2024, Plaintiff Alixe Bruce filed a putative class action against Defendant Christie's Inc. in 24-CV-4748. The Court accepted it as related to 24-CV-4221. This is the latest in a string of putative class actions that have been filed against Christie's, all of which appear to involve common questions of law and fact. Indeed, one case (24-CV-4386) has already been consolidated with 24-CV-4221, and the Court has indicated that it is inclined to consolidate yet another case (24-CV-4604) absent any objection by this upcoming Monday, July 1, 2024. The Court is inclined to consolidate this new case as well, pursuant to Rule 42, for all purposes. Any party who objects to consolidation of 24-CV-4748 with 24-CV-4221 shall file a letter brief, not to exceed three single-spaced pages, by July 1, 2024. If no party files a letter opposing consolidation, the Court will consolidate the cases without further notice to the parties. Finally, in light of the number of cases that have now been filed, and will likely beconsolidated under 24-CV-4221, the Court concludes that the caption of the case should be changed to In re Christie's Data Breach Litigation. Any future filing in 24-CV-4221 shall use that caption and reference the member cases to which the filing pertains (as the caption of this Order does). The Clerk of Court is directed to update the docket of 24-CV-4221 to reflect the new caption. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/27/2024) (jca)
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Filing 14
ORDER. It is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 24-CV-4221. The initial pretrial conference scheduled in 24-CV-4221 will now also include the parties in 24-CV-4386; accordingly, the parties in 24-CV-4386 should carefully review the Notice of Initial Pretrial Conference docketed in 24-CV-4221 (ECF No. 6), as that Order and the requirements contained therein now applies to them as well. The court is inclined to consolidate this new case as well, pursuant to Rule 14, for all purposes. Any party who objects to consolidation of 24-CV-4604 with 24-CV-4221 shall file a letter brief, not to exceed three single-spaced pages, by July 1, 2024. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. The Clerk of Court is directed to consolidate 24-CV-4221 and 24-CV-4386 under case number 24-CV-4221, and to close 24-CV-4386. All future filings in the now-consolidated actions should be made in 24-CV-4221 alone. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/25/24) Filed In Associated Cases: 1:24-cv-04221-JMF, 1:24-cv-04386-JMF, 1:24-cv-04604-JMF (yv)
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Filing 13
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Sean M. Topping dated June 17, 2024., #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED. (Christie's Inc. answer due 7/29/2024.) (Signed by Judge Jesse M. Furman on 6/17/24) (yv)
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Filing 12
ORDER: On June 3, 2024, Plaintiff Efstathios Maroulis filed a putative class action against Defendant Christie's Inc. ("Christie's") in 24-CV-4221. On June 7, 2024, Plaintiff William Colley filed a similar putative class action against Christie's in 24-CV-4386. As of this Order, no motion for consolidation has been filed, but 24-CV-4386 has been accepted by the Court as related to 24-CV-4221, and the cases appear to involve common questions of law and fact. 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 June 24, 2024. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. Whereas counsel for Christie's has yet to appear in 24-CV-4386, it is further ORDEREDthat Plaintiff Colley shall promptly serve a copy of this Order on Christie's within two business days of this Order and file proof of service on the docket within one business day of service. SO ORDERED. ( Brief due by 6/24/2024.) (Signed by Judge Jesse M. Furman on 6/17/2024) (vfr)
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Filing 11
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Sean M. Topping dated June 17, 2024. Document filed by Christie's Inc...(Topping, Sean)
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Filing 10
NOTICE OF APPEARANCE by Sean Michael Topping on behalf of Christie's Inc...(Topping, Sean)
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Filing 9
NOTICE OF APPEARANCE by Judith A. Archer on behalf of Christie's Inc...(Archer, Judith)
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Filing 8
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and Jesse M. Furman, United States District Judges Individual Rules of Practice in Civil Cases served on Christie's Inc. on June 6, 2024. Service was accepted by Joe Johnson, Office Manager for Registered Agent. Document filed by Efstathios Maroulis..(Maniatis, Victoria)
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Filing 7
SUMMONS RETURNED EXECUTED. Christie's Inc. served on 6/6/2024, answer due 6/27/2024. Service was accepted by Joe Johnson, Office Manager for Registered Agent. Document filed by Efstathios Maroulis..(Maniatis, Victoria)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: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. (And as further set forth herein.) SO ORDERED. Initial Conference set for 9/10/2024 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/5/2024) (jca)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Christie's Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Victoria Jennings Maniatis. 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;. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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)
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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..(pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Christie's Inc., re: #1 Complaint. Document filed by Efstathios Maroulis..(Maniatis, Victoria)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Efstathios Maroulis..(Maniatis, Victoria)
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Filing 2
CIVIL COVER SHEET filed..(Maniatis, Victoria)
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Filing 1
COMPLAINT against Christie's Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29433240)Document filed by Efstathios Maroulis..(Maniatis, Victoria)
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