In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972
Plaintiff: Plaintiff, Plaintiffs' Lead Counsel, Plaintiffs' Liaison Counsel and Plaintiffs' Steering Committee
Defendant: Blackbaud Inc
In Re: In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972
Special Master: Maura Grossman and Special Master Acct Maura R Grossman
Interested Party: The President and Fellows of Harvard College, Bank Street College of Education, Allina Health System, Enloe Medical Center and Community Medical Centers
Not Classified By Court: Judge Sleet
Case Number: 3:2020mn02972
Filed: December 15, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Joseph F Anderson
Referring Judge: J Michelle Childs
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2023 Filing 428 RESPONSE in Support re #413 MOTION to Seal Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion for Class Certification Response filed by Blackbaud Inc. (Jones, Celeste)
November 3, 2023 Filing 427 RESPONSE in Support re #406 MOTION to Seal Response filed by Blackbaud Inc. (Jones, Celeste)
October 27, 2023 Filing 417 REPLY to Response to Motion re #335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. Response filed by Blackbaud Inc. (jpet, ) Re-filed for event type. (jpet)
October 27, 2023 Filing 426 MOTION to Exclude Portions of the Report and Testimony of Alan E. Brill by Plaintiffs' Lead Counsel. Response to Motion due by 11/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion to Exclude Portions of the Report and Testimony of Alan E. Brill)No proposed order.(Kimpson, Marlon)
October 27, 2023 Filing 425 RESPONSE in Support re #345 MOTION to Exclude the Report and Testimony of William E. Wecker Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of William E. Wecker (REDACTED) Response filed by Blackbaud Inc. (Raether, Ronald)
October 27, 2023 Filing 424 RESPONSE in Support re #343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of Amy Reeder Worley Response filed by Blackbaud Inc. (Raether, Ronald)
October 27, 2023 Filing 423 RESPONSE in Support re #341 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability Blackbaud, Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of C. Matthew Curtin, CISSP as to Ascertainability (REDACTED) Response filed by Blackbaud Inc. (Raether, Ronald)
October 27, 2023 Filing 422 RESPONSE in Support re #339 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of C. Matthew Curtin as to Information Security (REDACTED) Response filed by Blackbaud Inc. (Raether, Ronald)
October 27, 2023 Filing 421 RESPONSE in Support re #337 MOTION to Exclude the Report and Testimony of Mary T. Frantz Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of Mary T. Frantz (REDACTED) Response filed by Blackbaud Inc. (Raether, Ronald)
October 27, 2023 Filing 420 MOTION to Exclude (REDACTED-Plaintiffs' Motion to Exclude the Report and Testimony of Lorin M. Hitt, Ph.D.) by Plaintiffs' Lead Counsel. Response to Motion due by 11/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper)
October 27, 2023 Filing 419 MOTION to Exclude (REDACTED- Plaintiffs' Motion to Exclude the Report and Testimony of Sonya Kwon) by Plaintiffs' Lead Counsel. Response to Motion due by 11/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper)
October 27, 2023 Filing 418 MOTION to Exclude and Memorandum of Law in Support of Plaintiffs' Motion to Exclude the Rebuttal Report and Testimony of Matteo M. Tomasini) by Plaintiffs' Lead Counsel. Response to Motion due by 11/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper)
October 27, 2023 Filing 416 REPLY to Response to Motion re #292 MOTION to Certify Class (REDACTED- Reply Memorandum in Support of Plaintiffs' Motion for Class Certification) Response filed by Plaintiffs' Lead Counsel. (Segui, Harper)
October 20, 2023 Filing 415 UNREDACTED DOCUMENT re #414 Unredacted Document, Declaration of Marlon Kimpson Attaching Exhibits Supporting Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion for Class Certification by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit Excerpts from the Deposition of Sonya Kwon, #2 Exhibit Excerpts from the Deposition of Jennifer Willson, #3 Exhibit BLKB_MDL_00072065, #4 Exhibit Excerpts from the Deposition of C. Matthew Curtin, CISSP, Volume II, #5 Exhibit Excerpts from the Deposition of C. Matthew Curtin, CISSP, Volume I, #6 Exhibit Supplemental Declaration of Mary T. Frantz, #7 Exhibit Email thread between counsel for Plaintiffs and counsel for Blackbaud dated September 20, 2023, #8 Exhibit Excerpts from the Deposition of Amy Reeder Worley, #9 Exhibit Excerpts from the Deposition of Russell W. Mangum, III, Ph.D., #10 Exhibit BLKB_MDL_00039888, #11 Exhibit PERAGINE000097, #12 Exhibit ZIELINSKI000363, #13 Exhibit CORNELL-001, #14 Exhibit BLKB_MDL_00117035, #15 Exhibit Excerpts from the Deposition of Matteo Tomasini)(Kimpson, Marlon)
October 20, 2023 Filing 414 UNREDACTED DOCUMENT re #416 REPLY to Response to Motion re #292 MOTION to Certify Class by Plaintiffs' Lead Counsel. (Segui, Harper) See additional attachments #415 (jpet, ). Modified to create linkage to correct entry on 10/30/2023 (jpet, ).
October 20, 2023 Filing 413 MOTION to Seal Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion for Class Certification by Plaintiffs' Lead Counsel. Response to Motion due by 11/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Kimpson, Marlon) (Additional attachment(s) added on 10/26/2023: #2 Exhibit A - List of Exhibits) (jpet, ). Modified to separate exhibit from memo in support on 10/26/2023 (jpet, ).
October 20, 2023 Filing 412 SUPPLEMENT by Plaintiffs' Lead Counsel to #407 Unredacted Document Non-Confidential Exhibit Supplement. (Attachments: #1 Exhibit Brill Dep. Ex. 7, #2 Exhibit Brill Dep. Ex. 9)(Kimpson, Marlon)
October 20, 2023 Filing 411 UNREDACTED DOCUMENT re #410 Unredacted Document, #407 Unredacted Document, #409 Unredacted Document, #408 Unredacted Document by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit Excerpts from the Deposition of C. Matthew Curtin, CISSP, Volume I, #2 Exhibit Excerpts from the Deposition of Matteo Tomasini, #3 Exhibit Excerpts from the Deposition of Mary T. Frantz, #4 Exhibit Excerpts from the Deposition of Amy R. Worley, #5 Exhibit Excerpts from the Deposition of Lorin Hitt, Ph.D, #6 Exhibit Opinions from Lorin M. Hitt, Ph.D., which Plaintiffs seek to strike or exclude, #7 Exhibit Excerpts from the Deposition of Alan Brill)(Kimpson, Marlon)
October 20, 2023 Filing 410 UNREDACTED DOCUMENT Plaintiffs' Motion to Exclude the Report and Testimony of Sonya Kwon by Plaintiffs' Lead Counsel. (Segui, Harper)
October 20, 2023 Filing 409 UNREDACTED DOCUMENT re #418 MOTION to Exclude and Memorandum of Law in Support of Plaintiffs' Motion to Exclude the Rebuttal Report and Testimony of Matteo M. Tomasini by Plaintiffs' Lead Counsel. (Segui, Harper) Modified to create link on 10/30/2023 (jpet, ).
October 20, 2023 Filing 408 UNREDACTED DOCUMENT Plaintiffs' Motion to Exclude the Report and Testimony of Lorin M. Hitt, Ph.D. by Plaintiffs' Lead Counsel. (Segui, Harper)
October 20, 2023 Filing 407 UNREDACTED DOCUMENT Plaintiffs' Motion to Exclude the Report and Testimony of Alan E. Brill by Plaintiffs' Lead Counsel. (Attachments: #1 Memo in Support)(Kimpson, Marlon) Modified to edit text on 10/26/2023 (jpet, ). See Supplement #412 (jpet, ).
October 20, 2023 Filing 406 MOTION to Seal by Plaintiffs' Lead Counsel. Response to Motion due by 11/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Kimpson, Marlon) (Additional attachment(s) added on 10/26/2023: #2 Exhibit A - List of Exhibits) (jpet, ). Modified to separate exhibit from memo in support on 10/26/2023 (jpet, ).
October 20, 2023 Filing 405 UNREDACTED DOCUMENT re #402 Unredacted Document, #400 Unredacted Document, #401 Unredacted Document, #399 Unredacted Document, #404 Unredacted Document, #403 Unredacted Document, Declaration of Joshua D. Davey in Support of Blackbaud's Replies in Support of its Motions to Exclude Plaintiffs' Experts' Reports and Testimony by Blackbaud Inc. (Attachments: #1 Exhibit 1 - Emails between February 22, 2023, and March 31, 2023, Relating to Frantz, #2 Exhibit 2 - Emails between September 8, 2023, and September 20, 2023, Relating to Frantz, #3 Exhibit 3 - Emails between March 23, 2023, and March 27, 2023, Relating to Curtin, #4 Exhibit 4 - Emails between August 15, 2023, and August 18, 2023, Relating to Curtin, #5 Exhibit 5 - Emails between June 29, 2023, and July 7, 2023, Relating to Curtin, #6 Exhibit 6 - Emails between July 11, 2023, and July 27, 2023, Relating to Curtin, #7 Exhibit 7 - Wecker Deposition Transcript Excerpts, #8 Exhibit 8 - Curtin Deposition Transcript Excerpts, #9 Exhibit 9 - Frantz Deposition Transcript Excerpts, #10 Exhibit 10 - K. Clayton Interrogatories)(Raether, Ronald)
October 20, 2023 Filing 404 UNREDACTED DOCUMENT re #345 MOTION to Exclude the Report and Testimony of William E. Wecker, Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of William E. Wecker by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 (jpet, ).
October 20, 2023 Filing 403 UNREDACTED DOCUMENT re #403 REPLY to Response to Motion re #335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 (jpet, ).
October 20, 2023 Filing 402 UNREDACTED DOCUMENT re #343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley, Blackbaud Inc.s Reply in Support of its Motion to Exclude the Testimony and Report of Amy Reeder Worley by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 (jpet, ).
October 20, 2023 Filing 401 UNREDACTED DOCUMENT re #339 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security, Blackbaud Inc.'s Reply in Support of its Motion to Exclude the Testimony and Report of C. Matthew Curtin as to Information Security by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 (jpet, ).
October 20, 2023 Filing 400 UNREDACTED DOCUMENT re #341 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability, Blackbaud Inc.'s Reply in Support of its Motion to Exclude the Testimony and Report of C. Matthew Curtin, CISSP as to Ascertainability by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 (jpet, ).
October 20, 2023 Filing 399 UNREDACTED DOCUMENT re #337 MOTION to Exclude the Report and Testimony of Mary T. Frantz Blackbaud Inc.'s Reply in Support of its Motion to Exclude the Testimony and Report of Mary T. Frantz by Blackbaud Inc. (Raether, Ronald) Modified to correct linkage on 10/26/2023 (jpet, ). See Unredacted Supplement #405 . (jpet)
October 20, 2023 Filing 398 MOTION to Seal to Provisionally File Under Seal Reply Memoranda and Declaration in Support of Motions to Exclude Plaintiffs' Experts by Blackbaud Inc. Response to Motion due by 11/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A October 10, 2023, Email from Special Master Grossman)No proposed order.(Raether, Ronald)
October 16, 2023 Filing 397 TEXT ORDER granting (396 in 3:20-mn-02972-JFA) MOTION for Leave to File Excess Pages (RELATED TO PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Plaintiffs' Lead Counsel.Directed by Honorable Joseph F Anderson, Jr on 10/16/2023. Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )
October 12, 2023 Filing 396 MOTION for Leave to File Excess Pages (RELATED TO PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Plaintiffs' Lead Counsel. Response to Motion due by 10/26/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)No proposed order.(Segui, Harper)
October 6, 2023 Filing 395 PROVISIONAL ORDER SEALING PLAINTIFFS' BRIEFS IN OPPOSITION TO BLACKBAUD'S MOTIONS TO EXCLUDE PLAINTIFFS' EXPERT TESTIMONY AND OPINIONS. After the process for challenging the confidentiality designations is complete, Plaintiffs will refile these documents with redactions of information deemed confidential by Special Master Grossman.Motion granted (374) Motion to Seal Plaintiffs' Briefs in Opposition to Blackbaud's Motions to Exclude Plaintiffs' Expert Testimony and Opinions in case 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 10/6/2023.Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )(jpet, )
September 26, 2023 Filing 394 CASE MANAGEMENT ORDER NO. 25. (Summary of Case Management Conference No. 19) This Order Relates to All Actions. Hearing on motion for class certification and Daubert motions set for 3/6-3/8/2024. Signed by Honorable Joseph F Anderson, Jr on 9/26/2023. Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )
September 26, 2023 Filing 393 NOTICE of Hearing: Status Conference set for 11/15/2023 10:00 AM before Honorable Joseph F Anderson Jr. will all parties appearing virtually.(mflo, )
September 26, 2023 Filing 392 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 9/26/2023. Court reviews Joint Agenda; Dates for oral arguments on class certification set for March 6-8, 2024 in Charleston, SC; counsel informs the court that mediation has been scheduled for October 12, 2023; next status hearing set for 11/15/23 at 10:00 a.m. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
September 25, 2023 Filing 391 RESPONSE in Support re #374 MOTION to Seal Response filed by Blackbaud Inc. Re-filed for event type. (jpet, )
September 22, 2023 Opinion or Order Filing 390 ORDER denying #362 MOTION for Leave to File (PLAINTIFFS MOTION FOR LEAVE TO FILE REBUTTAL EXPERT INFORMATION WITH REPLY BRIEFS) filed by Plaintiffs' Lead Counsel in 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 9/22/2023. Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )
September 12, 2023 Filing 388 SUPPLEMENT by Plaintiffs' Lead Counsel to #375 Response in Opposition to Motion and #378 Response in Opposition to Motion. (Attachments: #1 Exhibit 32: CV of C. Matthew Curtin, CISSP, #2 Exhibit 36: Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934, #3 Exhibit 38: Articles referenced by Plaintiffs expert Amy Worley in preparing her expert opinion, #4 Exhibit 39: Transcript of congressional testimony from Lilian Ablon, #5 Exhibit 40: Ransom Demand? 10 Reasons to Think Before You Pay)(Kimpson, Marlon) Modified to correct linkage and docket text on 9/12/2023 (jpet, ).
September 12, 2023 Filing 387 UNREDACTED DOCUMENT: Attachments to #386 Response in Opposition to Motion, #375 Response in Opposition to Motion, #377 Response in Opposition to Motion, #383 Response in Opposition to Motion, #378 Response in Opposition to Motion, and #381 Response in Opposition to Motion by Plaintiffs' Lead Counsel.Main document: Declaration by Marlon Kimpson. (Attachments: #1 Exhibit 1: Excerpts from the Deposition of Russel W. Mangum, III, Ph.D., #2 Exhibit 2: Excerpts from the Deposition of Lorin M. Hitt, Ph.D., #3 Exhibit 3: Excerpts from the Deposition of Plaintiff Kathleen Arman, #4 Exhibit 4: Correspondence to Arman, #5 Exhibit 5: Excerpts from the Deposition of Plaintiff William Carpanella, #6 Exhibit 6: Excerpts from the Deposition of Plaintiff William Allen, #7 Exhibit 7: Email Correspondence, #8 Exhibit 8: Excerpts from the Deposition of Plaintiff Jessica Case, #9 Exhibit 9: Excerpts from the Deposition of Plaintiff Philip Eisen, #10 Exhibit 10: Excerpts from the Deposition of Plaintiff Mamie Estes, #11 Exhibit 11: Declaration from Mary T. Frantz, #12 Exhibit 12: Excerpts from the Deposition of Mary T. Frantz, #13 Exhibit 13: Excerpts from the Deposition of Matteo Tomasini, #14 Exhibit 14: Plaintiffs Amended Fact Sheet for William Allen, #15 Exhibit 15: Plaintiffs Amended Fact Sheet for Jessica Case, #16 Exhibit 16: Plaintiffs Second Amended Fact Sheet for Christina Duranko, #17 Exhibit 17: Plaintiffs Amended Fact Sheet for Dorothy Kamm, #18 Exhibit 18: Second Revised Exhibit B to Defendants Fact Sheet, #19 Exhibit 19: Deposition of Nina Currigan, #20 Exhibit 20: Exhibit B, Appendix 3 to the Expert Report of C. Matthew Curtin, CISSP, #21 Exhibit 21: Blackbauds Gap Assessment for various standards and risk assessment methodologies, #22 Exhibit 22: Risk Register spreadsheet produced by Blackbaud, #23 Exhibit 23: Excerpts from the Deposition of Alan Brill, #24 Exhibit 24: Excerpts from the November 5, 2021 Deposition of Richard Friedberg, #25 Exhibit 25: Excerpts from the Deposition of C. Matthew Curtin, CISSP, Volume I, #26 Exhibit 26: Blackbaud Email Correspondence, #27 Exhibit 27: Excerpts from the May 20, 2022 Deposition of Richard Friedberg, appearing as a Rule 30(b)(6) witness for Blackbaud, #28 Exhibit 28: Excerpts from the Deposition of Jennifer Willson, #29 Exhibit 29: Transcript from a sealed motion hearing before the Court on March 23, 2022, concerning Plaintiffs Motion for Corrective Notice, #30 Exhibit 30: Declaration of Krysta Pachman, #31 Exhibit 31: Excerpts from the Deposition of C. Matthew Curtin, CISSP, Volume II, #32 Exhibit 33: Excerpts from the Deposition of Sonya Kwon, #33 Exhibit 34: Excerpts from the Deposition of Amy Reeder Worley, #34 Exhibit 35: Excerpts from the Deposition of William Wecker, Ph.D., #35 Exhibit 37: Excerpts from the Deposition of Rebecca Kuehn, #36 Exhibit 41: Customer FAQs, #37 Exhibit 42: Summary of HIPPA Breach Notification Standards)(Kimpson, Marlon) Modified to correct linkage and edit text on 9/12/2023 (jpet, ).
September 12, 2023 Filing 386 RESPONSE in Opposition re #337 MOTION to Exclude the Report and Testimony of Mary T. Frantz (REDACTED) Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper)
September 11, 2023 Filing 385 UNREDACTED DOCUMENT re #386 RESPONSE in Opposition re 337 MOTION to Exclude the Report and Testimony of Mary T. Frantz by Plaintiffs' Lead Counsel. (Segui, Harper) Modified to correct linkage and docket text on 9/12/2023 (jpet, ).
September 11, 2023 Filing 384 UNREDACTED DOCUMENT re #383 Response in Opposition to Motion, to Exclude the Testimony and Report of C. Matthew Curtin as to Information Security by Plaintiffs' Lead Counsel. (Kimpson, Marlon)
September 11, 2023 Filing 383 RESPONSE in Opposition re #339 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/18/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
September 11, 2023 Filing 382 UNREDACTED DOCUMENT re #381 RESPONSE in Opposition re #335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. by Plaintiffs' Lead Counsel. (Segui, Harper) Modified to correct linkage and docket text on 9/12/2023 (jpet, ).
September 11, 2023 Filing 381 RESPONSE in Opposition re #335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. (REDACTED) Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/18/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper)
September 11, 2023 Filing 380 UNREDACTED DOCUMENT re #378 Response in Opposition to Motion, to Exclude the Testimony and Report of C. Matthew Curtin, CISSP as to Ascertainability by Plaintiffs' Lead Counsel. (Kimpson, Marlon)
September 11, 2023 Filing 379 UNREDACTED DOCUMENT re #377 RESPONSE in Opposition re #345 MOTION to Exclude the Report and Testimony of William E. Wecker by Plaintiffs' Lead Counsel. (Segui, Harper) Modified to correct linkage and docket text on 9/12/2023 (jpet, ).
September 11, 2023 Filing 378 RESPONSE in Opposition re #341 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/18/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon) Supplement added as #388 on 9/12/2023 (jpet, ).
September 11, 2023 Filing 377 RESPONSE in Opposition re #345 MOTION to Exclude the Report and Testimony of William E. Wecker (REDACTED) Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/18/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper)
September 11, 2023 Filing 376 UNREDACTED DOCUMENT re #375 RESPONSE in Opposition re #343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley by Plaintiffs' Lead Counsel. (Attachments: #1 Supporting Documents Declaration of Amy Reeder Worley)(Segui, Harper) Modified to correct linkage and text on 9/12/2023 (jpet, ).
September 11, 2023 Filing 375 RESPONSE in Opposition re #343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley (REDACTED) Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/18/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Declaration of Amy Reeder Worley)(Segui, Harper) Supplement added as #388 on 9/12/2023. (jpet)
September 11, 2023 Filing 374 MOTION to Seal Plaintiffs' Briefs in Opposition to Blackbaud's Motions to Exclude Plaintiffs' Expert Testimony and Opinions by Plaintiffs' Lead Counsel. Response to Motion due by 9/25/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion for Leave to Seal Plaintiffs' Briefs in Opposition to Blackbaud's Motions to Exclude Plaintiffs' Expert Testimony and Opinions)No proposed order.(Kimpson, Marlon)
September 8, 2023 Opinion or Order Filing 373 ORDER granting (365) Motion to Seal Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information in case 3:20-mn-02972-JFA Signed by Honorable Joseph F Anderson, Jr on 9/8/23.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
August 31, 2023 Filing 372 RESPONSE in Opposition re #365 MOTION to Seal Document Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 9/7/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
August 22, 2023 Filing 370 REPLY by Blackbaud Inc to #369 Supplement, in Response to Plaintiff's Notice of Fourth Circuit Marriott Decision. (Raether, Ronald)
August 18, 2023 Filing 369 SUPPLEMENT to #292 MOTION to Certify Class by Plaintiffs' Lead Counsel Notice of Fourth Circuit Marriott Decision . This decision was mentioned in the 2/6/23 Status Conference (see #310 Transcript) (Attachments: #1 Exhibit A: In re: MARRIOTT INTERNATIONAL, INC., CUSTOMER DATA SECURITY BREACH LITIGATION Decision)(Kimpson, Marlon) Modified on 8/21/2023 to link events and add text (mflo, ).
August 17, 2023 Filing 368 DECLARATION by Blackbaud Incre #366 Unredacted Document, #367 Response in Opposition to Motion, Declaration of Joshua Davey in Support of Blackbaud's Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information. (Attachments: #1 Exhibit 1 - In re Marriott ECF 770, #2 Exhibit 2 - In re Marriott ECF 896, #3 Exhibit 3 - In re Marriott ECF 901, #4 Exhibit 4 - In re Marriott ECF 1012)(Raether, Ronald)
August 17, 2023 Filing 367 RESPONSE in Opposition re #362 MOTION for Leave to File (PLAINTIFFS MOTION FOR LEAVE TO FILE REBUTTAL EXPERT INFORMATION WITH REPLY BRIEFS) Redacted Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information Response filed by Blackbaud Inc.Reply to Response to Motion due by 8/24/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Raether, Ronald)
August 17, 2023 Filing 366 UNREDACTED DOCUMENT re #362 MOTION for Leave to File (PLAINTIFFS MOTION FOR LEAVE TO FILE REBUTTAL EXPERT INFORMATION WITH REPLY BRIEFS) Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information by Blackbaud Inc. (Raether, Ronald)
August 17, 2023 Filing 365 MOTION to Seal Document Opposition to Plaintiffs' Motion for Leave to File Rebuttal Expert Information by Blackbaud Inc. Response to Motion due by 8/31/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit LR 5.03 Nonconfidential Descriptive Index, #2 Memo in Support Blackbaud's Memo In Support of Motion to Seal Opp. to Motion for Leave to File Rebuttal Expert Information)No proposed order.(Raether, Ronald)
August 14, 2023 Filing 364 NOTICE of Hearing: Status Conference set for 9/26/2023 09:30 AM before Honorable Joseph F Anderson Jr. with all parties appearing virtually.Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )
August 14, 2023 Filing 363 TEXT ORDER granting (361 in 3:20-mn-02972-JFA) MOTION to Withdraw as Attorney (Jessica Lohr) filed by Blackbaud Inc.Directed by Honorable Joseph F Anderson, Jr on 8/14/2023. Associated Cases: 3:20-mn-02972-JFA et al.(jpet, )
August 3, 2023 Filing 362 MOTION for Leave to File (PLAINTIFFS MOTION FOR LEAVE TO FILE REBUTTAL EXPERT INFORMATION WITH REPLY BRIEFS) by Plaintiffs' Lead Counsel. Response to Motion due by 8/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Orders re Footnote 2)No proposed order.(Segui, Harper)
August 3, 2023 Filing 361 MOTION to Withdraw as Attorney (Jessica Lohr) by Blackbaud Inc. Response to Motion due by 8/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jones, Celeste)
July 24, 2023 Filing 360 TEXT ORDER Denying #357 MOTION for Extension of Time /Modification to the Scheduling Order #324 Corrected Amended Scheduling Order filed by Plaintiffs' Lead Counsel. Therefore, the current briefing schedule contained in #324 Corrected Amended Scheduling Order remains in full effect. Directed by Honorable Joseph F Anderson, Jr on 7/24/23. (mflo, )
July 20, 2023 Filing 359 RESPONSE in Opposition re #357 MOTION for Extension of Time /Modification to the Scheduling Order Response filed by Blackbaud Inc.Reply to Response to Motion due by 7/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Declaration of Joshua D. Davey, #2 Exhibit 1: 07/11/23 Email Communications (Negotiation of Scheduling Order), #3 Exhibit 2: 05/04/23 Email Communications (Modify Scheduling Order), #4 Exhibit 3: 06/23/23 Email Communications (Scheduling Expert Depositions))(Raether, Ronald)
July 17, 2023 Filing 358 TEXT ORDER Defense Counsel shall file an expedited response by 7/20/23 to #357 MOTION for Extension of Time /Modification to the Scheduling Order filed by Plaintiffs' Lead Counsel, ( Response to Motion due by 7/20/2023.) Directed by Honorable Joseph F Anderson, Jr on 7/17/23. (mflo, )
July 17, 2023 Filing 357 MOTION for Extension of Time /Modification to the Scheduling Order by Plaintiffs' Lead Counsel. Response to Motion due by 7/31/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Declaration of Marlon E. Kimpson in Support of Plaintiffs' Motion to Modify the Scheduling Order)No proposed order.(Kimpson, Marlon)
July 7, 2023 Opinion or Order Filing 356 ORDER granting #326 Motion to Seal Portions of Class Opposition, Motions to Exclude, and Expert Rebuttal Reports filed by Blackbaud Inc. This Court recognizes this Order is provisional in nature such that after the process for challenging the confidentiality designations is complete Blackbaud will refile these documents with redactions of information deemed confidential by Special Master Grossman. Signed by Honorable Joseph F Anderson, Jr on 7/7/23.(mflo, )
July 7, 2023 Opinion or Order Filing 355 ORDER granting #327 Motion for Leave to File Separate Motions to Exclude the Report and Testimony of C. Matthew Curtin as to Ascertainability and Information Security by Blackbaud Inc. Signed by Honorable Joseph F Anderson, Jr on 7/7/23.(mflo, )
July 7, 2023 Filing 354 CASE MANAGEMENT ORDER NO. 24 (Summary of Case Management Conference No. 18) This Order Relates to All Actions. Court to file order as to #327 MOTION for Leave to File Separate Motions to Exclude the Report and Testimony of C. Matthew Curtin as to Ascertainability and Information Security filed by Blackbaud Inc, and #326 MOTION to Seal Document Blackbaud's Omnibus Motion to Seal Portions of Class Opposition, Motions to Exclude, and Expert Rebuttal Reports filed by Blackbaud Inc. Parties will confer and present to the court proposed dates for the next case management status conference. Signed by Honorable Joseph F Anderson, Jr on 7/7/23. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
July 5, 2023 Filing 353 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 7.5.23, before Judge Joseph Anderson. Court Reporter/Transcriber Karen Andersen, Telephone number/E-mail Karen_Andersen@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/26/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/3/2023. (kand, )
July 5, 2023 Filing 352 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 7/5/2023. Court reviews Joint Agenda; court to file order on ECF #'s #326 and #327 ; Counsel to submit proposed dates for the next status conference. Court Reporter Karen Andersen. (mflo, )
June 29, 2023 Filing 351 REPLY to #349 Response to Motion re #327 MOTION for Leave to File Separate Motions to Exclude the Report and Testimony of C. Matthew Curtin as to Ascertainability and Information Security and deny Plaintiffs requesting to strike Blackbauds Motion to Exclude the Report and Testimony as to Ascertainability and Information Security (either in whole or in part) filed by Blackbaud Inc. (Raether, Ronald) Modified on 6/30/2023 to edit text (mflo, ).
June 23, 2023 Filing 350 DELETION OF DOCKET ENTRY NUMBER 348 Reason: refiled by filing attorney using the correct event type; Corrected Filing Document Number #349 Modified filing date to that of original filing: 6/22/23 Reply due date modified to that of original filing: 6/29/2023 (mflo, )
June 23, 2023 Filing 349 RESPONSE in Opposition re #327 MOTION for Leave to File Separate Motions to Exclude the Report and Testimony of C. Matthew Curtin as to Ascertainability and Information Security Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 6/30/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
June 22, 2023 Filing 347 RESPONSE in Opposition re #326 MOTION to Seal Document Blackbaud's Omnibus Motion to Seal Portions of Class Opposition, Motions to Exclude, and Expert Rebuttal Reports Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 6/29/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
June 9, 2023 Filing 346 UNREDACTED DOCUMENT re #345 MOTION to Exclude the Report and Testimony of William E. Wecker Memorandum of Law in Support of Motion to Exclude the Report and Testimony of William E. Wecker by Blackbaud Inc. (Attachments: #1 Addendum A, Wecker Strata 4 Errors)(Raether, Ronald)
June 9, 2023 Filing 345 MOTION to Exclude the Report and Testimony of William E. Wecker by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support (Redacted) of Motion to Exclude the Report and Testimony of William E. Wecker)No proposed order.(Raether, Ronald)
June 9, 2023 Filing 344 UNREDACTED DOCUMENT re #343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley Memorandum of Law in Support of Motion to Exclude the Report and Testimony of Amy R. Worley by Blackbaud Inc. (Raether, Ronald)
June 9, 2023 Filing 343 MOTION to Exclude Motion to Exclude the Report and Testimony of Amy R. Worley by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support (Redacted) of Motion to Exclude the Report and Testimony of Amy R. Worley)No proposed order.(Raether, Ronald)
June 9, 2023 Filing 342 UNREDACTED DOCUMENT re #341 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability Memorandum of Law in Support of Motion to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability by Blackbaud Inc. (Attachments: #1 Declaration of Joshua D. Davey, #2 Exhibit Ex. 1: FW_Blackbaud - call regarding expert environment, #3 Exhibit Ex. 2: 2022.12.30 - Curtin Complete Subpoena, #4 Exhibit Ex. 3: 1.18.23 RE Blackbaud - request for assistance, #5 Exhibit Ex. 4: FW_Blackbaud - plaintiffs' experts' availability, #6 Exhibit Ex. 5: Re Blackbaud - Deposition of Plaintiffs' Expert Matthew Curtin, #7 Exhibit Ex. 6: Response to Curtin Subpoena, #8 Exhibit Ex. 7: FW_Blackbaud - Plaintiffs' Experts' Subpoena Responses, #9 Exhibit Ex. 8: Response to Curtin Subpoena, Amended, #10 Exhibit Ex. 9: Virtual Environment Protocol 2.3.23, #11 Exhibit Ex. 10: 2023-02-06 Blackbaud CMC Transcript, #12 Exhibit Ex. 11: Blackbaud - Privilege Log CM Curtin, #13 Exhibit Ex. 12: Blackbaud - Declaration of Counsel, #14 Exhibit Ex. 13: RE Blackbaud - Request for Further Assistance re Plaintiff's Expert Matthew Curtin, #15 Exhibit Ex. 14: FW_Blackbaud - Request for Further Assistance re: Plaintiff's Expert Matthew Curtin, #16 Exhibit Ex. 15: RE Blackbaud - Request for Furthere Assistance re Plaintiff's Expert Matthew Curtin, #17 Exhibit Ex. 16: Blackbaud proposed extension, #18 Exhibit Ex. 17: FW_Blackbaud - Request for Further Assistance re Plaintiff's Expert Matthew Curtin)(Raether, Ronald)
June 9, 2023 Filing 341 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support (Redacted) of Motion to Exclude the Report and Testimony of C. Matthew Curtin Regarding Ascertainability)No proposed order.(Raether, Ronald)
June 9, 2023 Filing 340 UNREDACTED DOCUMENT re #339 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security Memorandum of Law in Support of Motion to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security by Blackbaud Inc. (Raether, Ronald)
June 9, 2023 Filing 339 MOTION to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support (Redacted) of Motion to Exclude the Report and Testimony of C. Matthew Curtin Regarding Information Security)No proposed order.(Raether, Ronald)
June 9, 2023 Filing 338 UNREDACTED DOCUMENT re #337 MOTION to Exclude the Report and Testimony of Mary T. Frantz Memorandum of Law in Support of Motion to Exclude the Report and Testimony of Mary T. Frantz by Blackbaud Inc. (Raether, Ronald)
June 9, 2023 Filing 337 MOTION to Exclude the Report and Testimony of Mary T. Frantz by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support (Redacted) of Motion to Exclude the Report and Testimony of Mary T. Frantz)No proposed order.(Raether, Ronald)
June 9, 2023 Filing 336 UNREDACTED DOCUMENT re #335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. Memorandum of Law in Support of Motion to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. by Blackbaud Inc. (Raether, Ronald)
June 9, 2023 Filing 335 MOTION to Exclude the Report and Testimony of Russell W. Mangum, III, Ph.D. by Blackbaud Inc. Response to Motion due by 6/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum of Law in Support of Motion to Exclude the Report and Testimony of Russell W. Mangum, III Ph.D.)No proposed order.(Raether, Ronald)
June 8, 2023 Filing 334 UNREDACTED DOCUMENT re #329 Unredacted Document,, Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification (Exhibits 91-120) by Blackbaud Inc. (Attachments: #1 Exhibit 91: Excerpts of Subpoena Production from State Farm, #2 Exhibit 92: Excerpts of Subpoena Production from Comenity Bank, #3 Exhibit 93: Excerpts of Subpoena Production from Jefferson Capital, #4 Exhibit 94: Excerpts of Subpoena Production from US Cellular, #5 Exhibit 95: Excerpts of Subpoena Production from Marriott International, #6 Exhibit 96: Excerpts of Subpoena Production from Microsoft, #7 Exhibit 97: Excerpts of Subpoena Production from PA Dept of Labor, #8 Exhibit 98: Steinhorn Second Supplemental Response to Interrogatory No. 13, #9 Exhibit 99: Helen Lofton Bank Statement, #10 Exhibit 100: Steinhorn Equifax Breach Email, #11 Exhibit 101: Blackbauds Amended Responses to Plaintiffs Interrogatories, Set Two, #12 Exhibit 102: Sources of the PII Elements for which Dr. Mangum Derived Value, #13 Exhibit 103: Sources of Appendix 3: Table 5, Plaintiff PII Values, #14 Exhibit 104: Plaintiff PII Categories in Appendix 3: Table 4 Valued or Not Valued by Dr. Mangum, #15 Exhibit 105: Disclaimers in Dr. Mangum's PII Sources, #16 Exhibit 106: Email Correspondence between Blackbaud's Counsel and Plaintiffs Counsel, Dated Feb. 22, 2023 through Mar. 9, 2023, #17 Exhibit 107: April 21, 2022 CMC Transcript, #18 Exhibit 108: Wecker Strata 4 Errors, #19 Exhibit 109: Curtin February 2022 Notes, #20 Exhibit 110: Wecker Dep. Ex. 13, #21 Exhibit 111: Carrie Cobb Deposition Transcript, #22 Exhibit 112: J. Willson Deposition Transcript Vol. 2, #23 Exhibit 113: Case ACLU CSV 1, #24 Exhibit 114: Case ACLU CSV 2, #25 Exhibit 115: Steinhorn ACLU CSV, #26 Exhibit 116: CMCURTIN000631-32, #27 Exhibit 117: Trustwave Global Security Report, #28 Exhibit 118: BLKB_MDL_01102288 (Exhibit 11 to Curtin Deposition), #29 Exhibit 119: BLKB_MDL_01102281 (Exhibit 8 to Curtin Deposition), #30 Exhibit 120: Peragine Interrogatory Responses)(Raether, Ronald)
June 8, 2023 Filing 333 UNREDACTED DOCUMENT re #329 Unredacted Document,, Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification (Exhibits 59-90) by Blackbaud Inc. (Attachments: #1 Exhibit 59: Roth, R. Amended Plaintiff Fact Sheet, #2 Exhibit 60: Roth, M. Amended Plaintiff Fact Sheet, #3 Exhibit 61: Scott Amended Plaintiff Fact Sheet, #4 Exhibit 62: Sheth Amended Plaintiff Fact Sheet, #5 Exhibit 63: Steinhorn Plaintiff Fact Sheet, #6 Exhibit 64: Zielinski Amended Plaintiff Fact Sheet, #7 Exhibit 65: Appendix A: Inaccurate Stored Data Chart, #8 Exhibit 66: Appendix B: Plaintiff's Stored Data and Related Customers Chart, #9 Exhibit 67: Appendix C: Voluntary Exposure Chart, #10 Exhibit 68: Appendix D: Prior Data Breach Chart, #11 Exhibit 69: Appendix E: Data Security Testimony Chart, #12 Exhibit 70: Appendix F: Discredited Fraud Claims Chart, #13 Exhibit 71: Appendix G: DFS / Frantz Comparizon Chart, #14 Exhibit 72: Appendix H: Plaintiffs' Characteristics Chart, #15 Exhibit 73: Appendix I: Credit Monitoring Testimony Chart, #16 Exhibit 74: Appendix J: Unwillngness to Sell Data Testimony Chart, #17 Exhibit 75: Blackbaud's Amended Interrogatory Responses, Set One, #18 Exhibit 76: Blackbaud's Acceptable Use Policy, #19 Exhibit 77: Willson Declaration, #20 Exhibit 78: Defendant's Revised Fact Sheet, #21 Exhibit 79: Defendant's Revised Fact Sheet Exhibit A, #22 Exhibit 80: Defendant's Revised Fact Sheet Exhibit B, #23 Exhibit 81: Backup Files Extract, #24 Exhibit 82: Roper St. Francis Breach Notice, #25 Exhibit 83: Declaration S. Waters on behalf of Roper St. Francis Foundation, #26 Exhibit 84: Declaration of J. Gilliam on behalf of Light of Life Rescue Mission, #27 Exhibit 85: Declaration of P. Bert on behalf KidsQuest Children's Museum, #28 Exhibit 86: Curtin Invoices, #29 Exhibit 87: Excerpts of Subpoena Production from TransUnion, #30 Exhibit 88: Declaration of C. Ballard, #31 Exhibit 89: Excerpts of Subpoena Production from Dollar Bank, #32 Exhibit 90: Excerpts of Subpoena Production from Capital One)(Raether, Ronald)
June 8, 2023 Filing 332 UNREDACTED DOCUMENT re #329 Unredacted Document,, Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification (Exhibits 39-58) by Blackbaud Inc. (Attachments: #1 Exhibit 39: Arman Amended Plaintiff Fact Sheet, #2 Exhibit 40: Carpenella Amended Plaintiff Fact Sheet, #3 Exhibit 41: Case Amended Plaintiff Fact Sheet, #4 Exhibit 42: Clayton Amended Plaintiff Fact Sheet, #5 Exhibit 43: Duranko Amended Plaintiff Fact Sheet, #6 Exhibit 44: Eisen Amended Plaintiff Fact Sheet, #7 Exhibit 45: Estes Amended Plaintiff Fact Sheet, #8 Exhibit 46: Ford Amended Plaintiff Fact Sheet, #9 Exhibit 47: Frontera Amended Plaintiff Fact Sheet, #10 Exhibit 48: Garcia-Martinez Amended Plaintiff Fact Sheet, #11 Exhibit 49: Gignac Amended Plaintiff Fact Sheet, #12 Exhibit 50: Glasper Plaintiff Fact Sheet, #13 Exhibit 51: Kamm Amended Plaintiff Fact Sheet, #14 Exhibit 52: Lofton Plaintiff Fact Sheet, #15 Exhibit 53: Mandel Amended Plaintiff Fact Sheet, #16 Exhibit 54: Martin Plaintiff Fact Sheet, #17 Exhibit 55: Mitchell Amended Plaintiff Fact Sheet, #18 Exhibit 56: Peragine Amended Plaintiff Fact Sheet, #19 Exhibit 57: Pettiford Amended Plaintiff Fact Sheet, #20 Exhibit 58: Regan Amended Plaintiff Fact Sheet)(Raether, Ronald)
June 8, 2023 Filing 331 UNREDACTED DOCUMENT re #329 Unredacted Document,, Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification (Exhibits 18-38) by Blackbaud Inc. (Attachments: #1 Exhibit 18: Duranko Deposition Transcript, #2 Exhibit 19: Eisen Deposition Transcript, #3 Exhibit 20: Estes Deposition Transcript, #4 Exhibit 21: Ford Deposition Transcript, #5 Exhibit 22: Frontera Deposition Transcript, #6 Exhibit 23: Gignac Deposition Transcript, #7 Exhibit 24: Glasper Deposition Transcript, #8 Exhibit 25: Kamm Deposition Transcript, #9 Exhibit 26: Lofton Deposition Transcript, #10 Exhibit 27: Mandel Deposition Transcript, #11 Exhibit 28: Martin Deposition Transcript, #12 Exhibit 29: Mitchell Deposition Transcript, #13 Exhibit 30: Pettiford Deposition Transcript, #14 Exhibit 31: Peragine Deposition Transcript, #15 Exhibit 32: Martin Roth Deposition Transcript, #16 Exhibit 33: Rachel Roth Deposition Transcript, #17 Exhibit 34: Scott Deposition Transcript, #18 Exhibit 35: Sheth Deposition Transcript, #19 Exhibit 36: Steinhorn Deposition Transcript, #20 Exhibit 37: Zielinski Deposition Transcript, #21 Exhibit 38: Allen Amended Plaintiff Fact Sheet)(Raether, Ronald)
June 8, 2023 Filing 330 UNREDACTED DOCUMENT re #329 Unredacted Document,, Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification (Exhibits 5 - 17) by Blackbaud Inc. (Attachments: #1 Exhibit 5: Declaration of Matteo Tomasini and Ex. A, Expert Report of Matteo Tomasini, #2 Exhibit 6: Declaration of Becki Kuehn and Ex. A, Expert Report of Becki Kuehn, #3 Exhibit 7: Deposition of Matthew Curtin (Vol. 1), #4 Exhibit 8: Deposition of Matthew Curtin (Vol. 2), #5 Exhibit 9: Deposition of Mary Frantz, #6 Exhibit 10: Deposition of Russell W. Mangum, III, #7 Exhibit 11: Deposition of William Wecker, #8 Exhibit 12: Deposition of Amy Worley, #9 Exhibit 13: Allen Deposition Transcript, #10 Exhibit 14: Arman Deposition Transcript, #11 Exhibit 15: Carpenella Deposition Transcript, #12 Exhibit 16: Case Deposition Transcript, #13 Exhibit 17: Clayton Depostion Transcript)(Raether, Ronald)
June 8, 2023 Filing 329 UNREDACTED DOCUMENT re #328 Response in Opposition to Motion, Memorandum of Law in Opposition to Plaintiffs' Motion to Certify Class by Blackbaud Inc. (Attachments: #1 Affidavit Declaration of Angelo A. Stio, III Transmitting Evidence in Support of Defendant's Memorandum in Opposition to Plaintiff's Motion for Class Certification, #2 Exhibit 1: Declaration of Lorin M. Hitt and Ex. A, Expert Report of Professor Lorin M. Hitt, #3 Exhibit 2: Declaration of Sonya Kwon and Ex. A, Expert Report of Sonya Kwon, #4 Exhibit 3: Declaration of Keith Wojcieszek and Ex. A, Expert Report of Keith Wojcieszek, #5 Exhibit 4: Declaration of Alan Brill and Ex. A, Expert Report of Alan Brill)(Raether, Ronald)
June 8, 2023 Filing 328 RESPONSE in Opposition re #292 MOTION to Certify Class Memorandum of Law in Opposition to Plaintiffs' Motion to Certify Class Response filed by Blackbaud Inc.Reply to Response to Motion due by 6/15/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Raether, Ronald)
June 8, 2023 Filing 327 MOTION for Leave to File Separate Motions to Exclude the Report and Testimony of C. Matthew Curtin as to Ascertainability and Information Security by Blackbaud Inc. Response to Motion due by 6/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A Blackbaud's Motion to Exclude Report and Testimony of C. Matthew Curtin, CISSP to Ascertainability, #2 Exhibit B Blackbaud's Motion to Exclude the Report and Testimony of C. Matthew Curtin, CISSP as to Information Security)No proposed order.(Raether, Ronald) Modified on 6/12/2023 to add exhibit descriptions (mflo, ).
June 8, 2023 Filing 326 MOTION to Seal Document Blackbaud's Omnibus Motion to Seal Portions of Class Opposition, Motions to Exclude, and Expert Rebuttal Reports by Blackbaud Inc. Response to Motion due by 6/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Local Rule 5.03 Descriptive Index, #2 Memo in Support Blackbaud's Memorandum of Law in Support of its Omnibus Motion to Seal Portions of Class Opposition, Motions to Exclude, and Expert Rebuttal Reports)No proposed order.(Jones, Celeste)
May 15, 2023 Filing 325 NOTICE of Hearing: Status Conference set for 7/5/2023 09:30 AM before Honorable Joseph F Anderson Jr. with all parties appearing virtually. (mflo, )
May 12, 2023 Filing 324 CORRECTED AMENDED SCHEDULING ORDER of deadlines contained in #313 Case Management Order No. 23 for the class certification phase. Signed by Honorable Joseph F Anderson, Jr on 5/12/23. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 9, 2023 Filing 323 AMENDED SCHEDULING ORDER of deadlines contained in #313 Case Management Order No. 23 for the class certification phase. Signed by Honorable Joseph F Anderson, Jr on 5/8/23. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 5, 2023 Filing 322 TEXT ORDER granting #321 Motion for Extension of Deadlines Related to Class Certification and Daubert Motions. Amended Scheduling Order to be filed. Directed by Honorable Joseph F Anderson, Jr on 5/5/23.(mflo, )
May 5, 2023 Filing 321 Joint MOTION for Extension of Deadlines Related to Class Certification and Daubert Motions by Blackbaud Inc. Response to Motion due by 5/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Raether, Ronald)
March 28, 2023 Filing 320 NOTICE of Cancellation of Hearing: Status Conference set for 3/29/2023 09:30 AM Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
March 27, 2023 Filing 319 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE by Plaintiffs' Lead Counsel Request for Judicial Notice (Attachments: #1 Exhibit A - SEC Cease-and-Desist Order)(Kimpson, Marlon) Modified on 3/28/2023 to edit text (mflo, ).
February 9, 2023 Filing 318 DELETION OF DOCKET ENTRY NUMBER 311, 312, and 315 Reason: documents refiled and at the direction of the filing attorney; Corrected Filing Document Number #316 , #317 Modified filing date to that of original filing: 2/7/23 (mflo, )
February 7, 2023 Filing 317 UNREDACTED DOCUMENT re #294 Unredacted Document, #290 MOTION to Seal Expert Reports of C. Matthew Curtin, CISSP, Amy R. Worley, Esq., Mary T. Frantz, Russell W. Mangum III, Ph.D, William E. Wecker) by Plaintiffs' Lead Counsel Declaration of Amy Worley by Plaintiffs' Lead Counsel. (Attachments: #1 Declaration of Mary Frantz, #2 Declaration of Matthew Curtin, #3 Declaration of Russell Mangum, #4 Declaration of William Wecker)(Kimpson, Marlon) Modified on 2/9/2023 to add linkage and correct filing date (mflo, ).
February 7, 2023 Filing 316 Additional Attachments to Main Document #292 MOTION to Certify Class . Declaration of Amy Worley. (Attachments: #1 Declaration of Mary Frantz, #2 Declaration of Matthew Curtin, #3 Declaration of Russell Mangum, #4 Declaration of William Wecker)(Kimpson, Marlon) Modified on 2/9/2023 to correct filing date (mflo, ).
February 7, 2023 Filing 314 NOTICE of Hearing: Status Conference set for 3/29/2023 09:30 AM before Honorable Joseph F Anderson Jr. with all parties appearing virtually. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
February 7, 2023 Filing 313 CASE MANAGEMENT ORDER NO. 23. This Order Relates to All Actions. Summary of Case Management Conference No. 17 with Update on Expert Discovery (See document for list of amended scheduling deadlines on class certification phase). The next status conference will be held virtually on March 29, 2023 at 9:30am before Judge Joseph F. Anderson. Signed by Honorable Joseph F Anderson, Jr on 2/6/23. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
February 6, 2023 Filing 310 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on February 6, 2023, before Judge Joseph F. Anderson, Jr.. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/27/2023. Redacted Transcript Deadline set for 3/9/2023. Release of Transcript Restriction set for 5/8/2023. (kari, )
February 6, 2023 Filing 309 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 2/6/2023. Court reviews Joint Agenda and oral motion by defendant to extend deadlines in #258 Case Management Order No. 19 with scheduling deadlines; court will grant and file amended order. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
January 26, 2023 Filing 308 PROVISIONAL ORDER SEALING PLAINTIFF'S EXPERT REPORTS AND MOTION FOR CLASS CERTIFICATION after the process for challenging the confidentiality designations is complete Plaintiffs will re-file their expert reports with the relevant attachments and memorandum in support of their motion for class certification. The re-filed versions will contain redactions of information deemed confidential by Special Master Grossman. granting (290) Motion to Seal Plaintiffs' Expert Reports; granting (291) Motion to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification in case 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 1/26/23.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
January 20, 2023 Filing 307 REPLY to Response to Motion re #290 MOTION to Seal (Plaintiffs Omnibus Motion for Leave to Seal Plaintiffs Expert Reports of C. Matthew Curtin, CISSP, Amy R. Worley, Esq., Mary T. Frantz, Russell W. Mangum III, Ph.D, William E. Wecker), #291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification Response filed by Plaintiffs' Lead Counsel. (Kimpson, Marlon)
January 17, 2023 Filing 306 DELETION OF DOCKET ENTRY NUMBER 303 Reason: refiled by filing attorney; Corrected Filing Documents Number (304 in 3:20-mn-02972-JFA), (305 in 3:20-mn-02972-JFA) Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
January 13, 2023 Filing 305 RESPONSE to Motion re #291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification Response filed by Blackbaud Inc.Reply to Response to Motion due by 1/20/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jones, Celeste)
January 13, 2023 Filing 304 RESPONSE to Motion re #290 MOTION to Seal (Plaintiffs Omnibus Motion for Leave to Seal Plaintiffs Expert Reports of C. Matthew Curtin, CISSP, Amy R. Worley, Esq., Mary T. Frantz, Russell W. Mangum III, Ph.D, William E. Wecker) Response filed by Blackbaud Inc.Reply to Response to Motion due by 1/20/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jones, Celeste)
January 10, 2023 Filing 302 NOTICE of Change of Address by Melissa S Weiner Associated Cases: 3:20-mn-02972-JFA et al.(Weiner, Melissa)
January 10, 2023 Filing 301 NOTICE of Hearing: Status Conference scheduled virtually for 2/6/2023 09:45 AM before Honorable Joseph F Anderson Jr. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
January 9, 2023 Filing 300 NOTICE of Cancellation of Hearing: Case Management Conference scheduled virtually for January 13, 2023 09:30 AM before Judge Joseph F. Anderson, Jr. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
December 27, 2022 Filing 299 TEXT ORDER: Defendant Blackbaud, Inc.'s Consent Motion for Extension of Time (ECF No. 298) is granted and Defendant Blackbaud, Inc's time for responding to Plaintiffs' Motions (ECF No. 290 & 291) is hereby extended to January 13, 2023. Directed by Honorable Joseph F Anderson, Jr on 12/27/2022. (jpet, )
December 22, 2022 Filing 298 Consent MOTION for Extension of Time to File Response/Reply as to #290 MOTION to Seal (Plaintiffs Omnibus Motion for Leave to Seal Plaintiffs Expert Reports of C. Matthew Curtin, CISSP, Amy R. Worley, Esq., Mary T. Frantz, Russell W. Mangum III, Ph.D, William E. Wecker), #291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification by Blackbaud Inc. Response to Motion due by 1/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Gilliam, James)
December 22, 2022 Filing 297 NOTICE of Appearance by James Keith Gilliam on behalf of Blackbaud Inc (Gilliam, James)
December 20, 2022 Filing 296 Additional Attachments to Main Document #292 MOTION to Certify Class . First attachment description: Notice of Errata to Exhibits to Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification. (Attachments: #1 Supporting Documents Declaration of Ralph Peragine)(Kimpson, Marlon)
December 17, 2022 Filing 294 UNREDACTED DOCUMENT re #293 Unredacted Document,,,, #291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification, #292 MOTION to Certify Class Exhibit 11: August 25, 2016 Blackbaud Security Assessment by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit 12: Selected Portions of Friedberg Deposition, #2 Exhibit 13: August 17, 2020 email between Rich Friedberg and another Blackbaud employee, #3 Exhibit 14: May 21, 2020 chat log between Ricky Banda and another Blackbaud employee, #4 Exhibit 15: March 4, 2020 message to Blackbaud Employee, #5 Exhibit 16: March 5, 2020 Follow-Up, #6 Exhibit 17: Selected Portions of Wei Deposition, #7 Exhibit 18: Blackbauds Amended Responses to Plaintiffs First Set of Interrogatories, #8 Exhibit 19: May 20, 2020 Chat Log, #9 Exhibit 20: October 15, 2020 email from Ryan Hammer to Rich Friedberg, #10 Exhibit 21: May 20, 2020 chat log between Rich Friedberg and Blackbaud Employee, #11 Exhibit 22: June 5, 2020 chat log among Ricky Banda and other Blackbaud employees, #12 Exhibit 23: June 5, 2020 email between Blackbaud and threat actor, #13 Exhibit 24: communication from threat actor to Blackbaud, #14 Exhibit 25: May 27, 2020 correspondence from threat actor to Blackbaud, #15 Exhibit 26: May 27, 2020 correspondence from threat actor to Blackbaud, #16 Exhibit 27: Email communications between Blackbaud and threat actor dated May 21, 2020 to July 18, 2020, #17 Exhibit 28: Selected Portions of Wilson Deposition, #18 Exhibit 29: of June 23, 2020 communication between Rich Friedberg and Blackbaud Employee, #19 Exhibit 31: Selected Portions of Currigan Deposition, #20 Exhibit 32: Selected Portions of HammerDeposition, #21 Exhibit 33 (33-1): February 2, 2021 Memo (part 1), #22 Exhibit 33 (33-2): February 2, 2021 Memo (part 2), #23 Exhibit 34: January 15, 2021 email thread among Blackbaud employees, #24 Exhibit 35: Selected Portions of the Hammer Deposition, #25 Exhibit 36: June 2020 Groupsense Post-Incident Handling Report, #26 Exhibit 37: Selected Portions of 2/23/22 Sealed Transcript of Hearing, #27 Exhibit 38: April 16, 2021 correspondence delivered by email, #28 Exhibit 39: Selected Portions of the Boor Deposition, #29 Exhibit 40: Second Revised Exhibit B: Data Stored by Blackbaud, #30 Exhibit 41: Blackbauds Amended Responses to Plaintiffs Second Set of Interrogatories, #31 Exhibit 42: August 28, 2019 Incident Report, #32 Exhibit 43: July 27, 2020 email Among Blackbaud Employees, #33 Exhibit 44 (44-1): Blackbauds Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (part 1), #34 Exhibit 44 (44-2): Blackbauds Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (part 2), #35 Exhibit 45: Blackbauds Consumer Access Request document, #36 Exhibit 47: Selected Portions of the Van Diet Deposition, #37 Exhibit 48: Blackbaud Playbooks, #38 Exhibit 49: Selected Portions of the Cobb Deposition, #39 Exhibit 50: July 17, 2020 correspondence delivered via email)(Kimpson, Marlon)
December 17, 2022 Filing 293 UNREDACTED DOCUMENT re #292 MOTION to Certify Class , #291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification by Plaintiffs' Lead Counsel. (Attachments: #1 Appendix 1: DFS Exhibit, #2 Supporting Documents Class Counsel Declaration with attached Exhibit A, #3 Supporting Documents Declaration of Marlon E. Kimpson Transmitting Evidence in Support of Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification, #4 Exhibit 2: May 1, 2019 Email Thread Among Blackbaud Employees, #5 Exhibit 3: June 23, 2019 Email between Rich Friedberg and other Blackbaud Employees, #6 Exhibit 4: November 15, 2019 Chat Log from Rich Friedberg, #7 Exhibit 5: September 18, 2018 Email from Rich Friedberg to a Blackbaud Employee, #8 Exhibit 6: Selected portions of Friedberg Deposition, #9 Exhibit 7: Page from a Blackbaud Internal PowerPoint Presentation, #10 Exhibit 8: July 17, 2020 email thread among Blackbaud employees, #11 Exhibit 9: December 16, 2019 Security Assessment Report for Blackbaud, #12 Exhibit 10: February 18, 2020 Email between Rich Friedberg and a Blackbaud Employee)(Kimpson, Marlon)
December 16, 2022 Filing 292 MOTION to Certify Class by Plaintiffs' Lead Counsel. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion for Class Certification, #2 Appendix 2: CMIA and CCPA Elements, #3 Supporting Documents Declaration of Dorothy Kamm, #4 Supporting Documents Declaration of Karen Zielinski, #5 Exhibit 1: Blackbaud Website Announcement from July 16, 2020, #6 Exhibit 30: September 29, 2020 Blackbaud Email to Joseph Kushner Hebrew Academy, #7 Exhibit 46: Blackbaud Website page "California Consumer Privacy Act" (PX 112))No proposed order.(Kimpson, Marlon) Modified on 12/19/2022 to correct Appendix number (mflo, ). See #296 for additional attachment
December 16, 2022 Filing 291 MOTION to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification by Plaintiffs' Lead Counsel. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion for Leave to Seal Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification)No proposed order.(Kimpson, Marlon)
December 16, 2022 Filing 290 MOTION to Seal (Plaintiffs Omnibus Motion for Leave to Seal Plaintiffs Expert Reports of C. Matthew Curtin, CISSP, Amy R. Worley, Esq., Mary T. Frantz, Russell W. Mangum III, Ph.D, William E. Wecker) by Plaintiffs' Lead Counsel. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Plaintiffs Memorandum in Support of Omnibus Motion for Leave to Seal Plaintiffs Expert Reports)No proposed order.Associated Cases: 3:20-mn-02972-JFA et al.(Segui, Harper)
December 14, 2022 Filing 289 TEXT ORDER granting (288) Motion for Leave to File Excess Pages in case 3:20-mn-02972-JFA with a 45 page limit for both plaintiffs (brief) and defendant (response). Directed by Honorable Joseph F Anderson, Jr on 12/14/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
December 14, 2022 Filing 288 Joint MOTION for Leave to File Excess Pages Related to Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Class Certification and Defendant's Opposition Memorandum by Plaintiffs' Lead Counsel. Response to Motion due by 12/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper)
December 1, 2022 Filing 287 TEXT ORDER granting (286) Motion for Barry H. Boise to Appear Pro Hac Vice. in case 3:20-mn-02972-JFA on behalf of defendant Blackbaud, Inc. Directed by Honorable Joseph F Anderson, Jr on 12/1/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
November 28, 2022 Filing 286 MOTION to Appear Pro Hac Vice by Barry H. Boise Filing Fee Receipt Number ASCDC-10819180 ( Filing fee $ 350) by Blackbaud Inc. Response to Motion due by 12/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Barry H. Boise)No proposed order.(mflo, )
November 21, 2022 Opinion or Order Filing 285 ORDER granting in part and denying in part (283) Motion to Stage Class Certification Briefing in case 3:20-mn-02972-JFA. Plaintiffs' shall file their class certification motion to include the subset of claims within this order pursuant to the briefing schedule in #258 Case Management Order. The remainder of plaintiffs' claims asserted in the amended complaint shall be stayed. Signed by Honorable Joseph F Anderson, Jr on 11/21/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, ) (Main Document 285 replaced on 11/21/2022) (mflo, ).
November 17, 2022 Filing 284 RESPONSE in Opposition re #283 MOTION to Stage Class Certification Briefing Response filed by Blackbaud Inc.Reply to Response to Motion due by 11/28/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 3/16/2021 Letter, #2 Exhibit 3/26/2021 Letter to Judge Childs, #3 Exhibit 11.17.2022 Chart)(Jones, Celeste)
November 10, 2022 Filing 283 MOTION to Stage Class Certification Briefing by Plaintiffs' Lead Counsel. Response to Motion due by 11/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion to Stage Class Certification Briefing, #2 Exhibit A (Composite): Filings from In re Whirlpool Corp. Front-Loading Washer Prods. Liab. Litig., #3 Exhibit B: In re Anthem, Inc. Data Breach Litig. Eighth Case Management Statement, #4 Exhibit C: In re Lumber Liquidators Chinese-Mfg. Flooring Prods. Litig. Pretrial Order No. 5)No proposed order.(Kimpson, Marlon)
November 9, 2022 Filing 282 NOTICE of Hearing: Case Management Conference scheduled virtually for January 13, 2023 09:30 AM before Honorable Joseph F Anderson Jr. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
November 4, 2022 Filing 281 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on November 3, 2022, before Judge Joseph F. Anderson, Jr.. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/28/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (kari, )
November 3, 2022 Filing 280 CASE MANAGEMENT ORDER NO. 22 (Summary of Case Management Conference No. 16). This Order Relates to All Actions. The parties are to submit potential January dates for the next Status Conference via email. Plaintiffs shall file a motion requesting the ability to move for class certification on a subset of bellwether claims and such motion should specify which specific claims Plaintiffs propose to brief and the underlying reasoning for the same. Plaintiffs' motion is due on Thursday, November 10, 2022. Defendants are required to file a response by November 17, 2022. Defendants' response should include the reasons for their opposition and an alternative plan for this Court's consideration. Signed by Honorable Joseph F Anderson, Jr on 11/3/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, ) (Main Document 280 replaced on 11/4/2022 to correct Order No. and Conference No.) (mflo, ).
November 3, 2022 Filing 279 COURT EXHIBIT from status conference on this date. Correspondence received from parties by way of email. Court instructed parties to file motions.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
November 3, 2022 Filing 278 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 11/3/2022. Court reviews Joint Agenda and instructs counsel to file motions and not send correspondence by way of email on legal issues. Parties discuss the issue of bellwether claims and amending the scheduling and court directs the plaintiffs to file a motion within 7 days and defendants will have 7 days to respond; next status conference to be scheduled in January 2023. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
September 22, 2022 Filing 277 AMENDED INSPECTION ORDER granting (276) Motion to Amend Inspection Order ECF. No. 210 in case 3:20-mn-02972-JFA Signed by Honorable Joseph F Anderson, Jr on 9/22/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
September 22, 2022 Filing 276 CONSENT MOTION to Amend Inspection Order ECF. No. 210 re #210 Inspection Order by Plaintiffs' Lead Counsel. Response to Motion due by 10/6/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Kimpson, Marlon) (Main Document 276 replaced on 9/22/2022 as provided by filing attorney) (mflo, ).
September 20, 2022 Filing 275 CASE MANAGEMENT ORDER NO. 21, Summary of Case Management Conference No. 15; Mediation scheduled for October 18, 2022; Parties are instructed to file motions and submit proposed orders. The next Case Management Conference is scheduled virtually for November 3, 2022 at 9:30am. This Order Relates to All Actions., ( Status Conference set for 11/3/2022 09:30 AM before Honorable Joseph F Anderson Jr.) Signed by Honorable Joseph F Anderson, Jr on 9/20/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
September 20, 2022 Filing 274 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 9/20/2022. Court reviews Joint Agenda and instructs parties to attend mediation on October 18, 2022; next status conference scheduled for November 3, 2022 at 9:30am. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
September 19, 2022 Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. STATUS CONFERENCE held on 7.26.22, before Judge JOSEPH ANDERSON. Court Reporter/Transcriber Karen Andersen, Telephone number/E-mail Karen_Andersen@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 10/11/2022. Redacted Transcript Deadline set for 10/20/2022. Release of Transcript Restriction set for 12/19/2022. (kand, )
August 25, 2022 Filing 272 NOTICE of Change of Address by Melissa S Weiner Associated Cases: 3:20-mn-02972-JFA et al.(Weiner, Melissa) (Main Document 272 replaced on 8/29/2022 as provided by filing attorney) (mflo, ).
August 18, 2022 Filing 271 TEXT ORDER granting (270) Motion for Paul M. Stephan to Withdraw as Attorney for plaintiff in case 3:20-mn-02972-JFA. Directed by Honorable Joseph F Anderson, Jr on 8/18/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
August 18, 2022 Filing 270 MOTION to Withdraw as Attorney (Paul M. Stephan) by Plaintiffs' Lead Counsel. Response to Motion due by 9/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Segui, Harper)
July 26, 2022 Filing 269 CASE MANAGEMENT ORDER NO. 20. Summary of Case Management Conference No. 14. Mediation scheduled for 9/7/22 between Plaintiffs and Blackbaud. The next scheduled Case Management Conference is scheduled virtually for September 20, 2022 at 9:30 a.m. This Order Relates to All Actions., ( Status Conference set for 9/20/2022 09:30 AM before Honorable Joseph F Anderson Jr.) Signed by Honorable Joseph F Anderson, Jr on 7/26/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
July 26, 2022 Filing 268 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 7/26/2022. Court reviews joint agenda and hears discussion of the upcoming Mediation with defendant Blackbaud; next status conference scheduled for 9/20/22 at 9:30. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
July 19, 2022 Opinion or Order Filing 267 ORDER Court relieves Frank B. Ulmer of his duties as Plaintiffs' Liaison Counsel and appoints in his place Catherine H. McElveen (Katie) as the new Plaintiffs' Liaison Counsel. granting (266) Motion to Substitute Plaintiffs' Liaison Counsel in case 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 7/19/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
July 1, 2022 Filing 266 MOTION to Substitute Plaintiffs' Liaison Counsel by Plaintiffs' Liaison Counsel. Response to Motion due by 7/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 McElveen Resume, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ulmer, Frank)
June 28, 2022 Opinion or Order Filing 265 ORDER AND OPINION The court will apply Massachusetts law to the negligence, negligence per se, and invasion of privacy claims as to (253) Motion on position on Choice of Law by plaintiff and (254) Motion on position on Choice of Law by defendant in case 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 6/28/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
June 22, 2022 Filing 264 AMENDED STIPULATED CONFIDENTIALITY ORDER Signed by Honorable Joseph F Anderson, Jr on 6/22/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
June 22, 2022 Filing 263 Joint MOTION for Confidentiality Order by Blackbaud Inc. Response to Motion due by 7/6/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)No proposed order.(Jones, Celeste)
June 13, 2022 Filing 262 TEXT ORDER granting #259 Motion for Syed Mohsin Reza (PHV) to Withdraw as Attorney for defendant Blackbaud, Inc. in case 3:20-mn-02972-JFA. Directed by Honorable Joseph F Anderson, Jr on 6/13/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
June 9, 2022 Filing 261 Additional Attachments to Main Document #253 MOTION to Apply South Carolina Law to Plaintiffs' Common Law Claims re #252 SEALED MOTION . First attachment description: Notice of Public Re-filing . (Attachments: #1 Memo in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims)(Kimpson, Marlon)
June 2, 2022 Filing 260 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 6.1.22, before Judge Joseph Anderson. Court Reporter/Transcriber Karen Andersen, Telephone number/E-mail karen_andersen@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022. (kand, )
June 2, 2022 Filing 259 MOTION to Withdraw as Attorney by Blackbaud Inc. Response to Motion due by 6/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jones, Celeste)
June 2, 2022 Filing 258 CASE MANAGEMENT ORDER NO. 19. This Order Relates to All Actions. (See document for list of deadlines on class certification phase) Mediation to be conducted by August 2022; Next Case Management Conference set for 7/26/2022 09:30 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. Courtroom will also be open for any party to appear in person should they desire. Signed by Honorable Joseph F Anderson, Jr on 6/2/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
June 1, 2022 Filing 257 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 6/1/2022. Court to file scheduling order. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 25, 2022 Filing 256 NOTICE of Hearing: Status Conference set for 6/1/2022 09:30 AM before Honorable Joseph F Anderson Jr. Please see attached call-in instruction for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference has been coordinated.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 20, 2022 Filing 255 SEALED MOTION Statement of Position on Choice of Law (UNREDACTED)by Blackbaud Inc. (Attachments: #1 Exhibit A - Declaration of Jennifer Ludwick Willson, #2 Exhibit B - Declaration of Ryan Hammer)No proposed order.(Raether, Ronald) Modified on 5/25/2022 to edit text (mflo, ).
May 20, 2022 Filing 254 MOTION Blackbaud's Statement of Position on Choice of Law (REDACTED) by Blackbaud Inc. Response to Motion due by 6/3/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Declaration of Jennifer Ludwick Willson, #2 Exhibit B - Declaration of Ryan Hammer)No proposed order.(Raether, Ronald)
May 20, 2022 Filing 253 MOTION to Apply South Carolina Law to Plaintiffs' Common Law Claims (REDACTED). Response to Motion due by 6/3/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims (Provisionally Redacted), #2 Affidavit Declaration of Marlon E. Kimpson Transmitting Evidence in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims, #3 Addendum Notice of Errata to Exhibits, #4 Exhibit A: Webpage - Learn more about the Ransomware Attack we recently stopped, #5 Exhibit V: Webpage - Security Incident)No proposed order.(Kimpson, Marlon) Modified on 5/25/2022 to edit text and correct linkage (mflo, ).
May 20, 2022 Filing 252 SEALED MOTION to Apply South Carolina Law to Plaintiff's Common Law Claims by Plaintiffs' Lead Counsel. Response to Motion due by 6/3/2022. (Attachments: #1 Memo in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims, #2 Affidavit Declaration of Marlon E. Kimpson Transmitting Evidence in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims, #3 Addendum Notice of Errata to Exhibits, #4 Exhibit A: Webpage - Learn more about the Ransomware Attack we recently stopped, #5 Exhibit B: Richard I. Friedberg Deposition Transcript, #6 Exhibit C: Rich Friedberg Message Log dated 11/15/2019, #7 Exhibit E: 9/16/2020 Q3 2020 Board Risk Oversight Committee PowerPoint, #8 Exhibit F: Slide Regarding Former Customers of Blackbaud, #9 Exhibit G: Message log between Ryan Hammer and Rich Friedberg dated 5/14/2020, #10 Exhibit H: Rich Friedberg Email dated 6/23/2020, #11 Exhibit I: Email from Ricky Banda dated 8/20/2020 attaching Threat Intelligence report, #12 Exhibit J: Summary of third party security company assessment, #13 Exhibit K: Chart of Locations of Blackbaud Leadership, #14 Exhibit L: 8/25/2016 Blackbaud Citrix Security Assessment, #15 Exhibit M: Blackbaud Cyber Security Gang of 6 Updates for February 2019, #16 Exhibit N: Rich Friedberg Email dated 5/1/2019, #17 Exhibit O: Defendant's Revised Fact Sheet, #18 Exhibit P: Ransom Note, #19 Exhibit Q: June 2020 Post-Incident Handling Report, #20 Exhibit R: 6/5/2020 Email from Blackbaud, #21 Exhibit S: Message Log between Delores Wei and Carlos Vincent dated 5/20/2020, #22 Exhibit T: Message Log between Rich Friedberg and Jennifer Willson dated 5/27/2020, #23 Exhibit U: July 16, 2020 Training for Special Call Team PowerPoint, #24 Exhibit V: Webpage - Security Incident, #25 Exhibit W: 9/17/2020 Correspondence from Blackbaud, #26 Exhibit X: 6/11/2020 Email from Brenton Kohler, #27 Exhibit Z: 2/18/2020 Email from Jennifer Willson, #28 Exhibit AA: 2021 AOP Review - Cyber Security PowerPoint dated October 2020, #29 Exhibit BB: Jose Ricardo Banda Deposition Transcript, #30 Exhibit CC: Post-Breach System Analysis and Notes by Ryan Hammer, #31 Exhibit DD: 12/8/2020 Email from Rich Friedberg, #32 Exhibit EE: 6/11/2018 Email from Ryan Roberts)No proposed order.(Kimpson, Marlon) Modified on 5/25/2022 to edit text (mflo, ).
May 17, 2022 Opinion or Order Filing 251 ORDER AND OPINION granting (241) Motion to Seal; granting (242) Motion to Seal in case 3:20-mn-02972-JFA. The parties are directed to file the sealed documents as well as the redacted versions within three (3) days of this order. Signed by Honorable Joseph F Anderson, Jr on 5/17/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 17, 2022 Filing 250 Redaction of 224 Transcript of hearing held on March 23, 2022. (kari, ) Modified on 5/17/2022 to correct linkage at the request of the filer (mflo, ).
May 16, 2022 Filing 249 CASE MANAGEMENT ORDER NO. 18. (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 12) Signed by Honorable Joseph F Anderson, Jr on 5/16/22. Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 13, 2022 Filing 248 RESPONSE in Opposition by Blackbaud to #252 SEALED MOTION to Apply South Carolina Law to Plaintiff's Common Law Claims and #253 MOTION to Apply South Carolina Law to Plaintiff's Common Law Claims (Raether, Ronald) Modified on 5/25/2022 to edit text and add correct linkage(mflo, ).
May 13, 2022 Filing 247 RESPONSE in Support re #242 MOTION to Seal Memorandum in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims Response filed by Blackbaud Inc. (Attachments: #1 Exhibit A)(Raether, Ronald)
May 13, 2022 Filing 246 RESPONSE in Opposition re #241 MOTION to Seal Excerpts of Its Statement of Position on Choice of Law and Supporting Declarations Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 5/20/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Segui, Harper)
May 13, 2022 Filing 245 RESPONSE IN OPPOSITION by Plaintiffs' Lead Counsel to #254 Blackbaud's Redacted Statement of Position on Choice of Law and #255 Blackbaud's Sealed Statement of Position on Choice of Law. (Segui, Harper) Modified on 5/25/2022 to edit text and add linkage (mflo, ).
May 6, 2022 Opinion or Order Filing 244 ORDER granting (234) Motion to Seal Excerpts of the Transcript from the Hearing (3/23/22) on Plaintiffs' Motion for Corrective Notice in case 3:20-mn-02972-JFA. Signed by Honorable Joseph F Anderson, Jr on 5/6/22.Associated Cases: 3:20-mn-02972-JFA et al.(mflo, )
May 2, 2022 Filing 243 RESPONSE in Support re #234 MOTION to Seal Excerpts of the Transcript from the Hearing on Plaintiffs' Motion for Corrective Notice Response filed by Blackbaud Inc. (Raether, Ronald)
April 30, 2022 Filing 242 MOTION to Seal Memorandum in Support of Plaintiffs' Motion to Apply South Carolina Law to Plaintiffs' Common Law Claims by Plaintiffs' Lead Counsel. Response to Motion due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Seal)No proposed order.(Kimpson, Marlon)
April 29, 2022 Filing 241 MOTION to Seal Excerpts of Its Statement of Position on Choice of Law and Supporting Declarations by Blackbaud Inc. Response to Motion due by 5/13/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A)No proposed order.(Raether, Ronald)
April 25, 2022 Filing 240 RESPONSE in Opposition re #234 MOTION to Seal Excerpts of the Transcript from the Hearing on Plaintiffs' Motion for Corrective Notice Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 5/2/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
April 22, 2022 Filing 239 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Case Management Conference held on 04/21/2022, before Judge J. Michelle Childs. Court Reporter/Transcriber Michele E. Becker, Telephone number/E-mail Michele_Becker@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (mbec, )
April 21, 2022 Opinion or Order Filing 237 ORDER REASSIGNING CASE. Case reassigned to Honorable Joseph F Anderson, Jr for all further proceedings. Honorable J Michelle Childs no longer assigned to case Signed by MDL Panel. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 21, 2022 Filing 236 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 4/21/2022. Court Reporter Michele Becker. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 18, 2022 Opinion or Order Filing 235 ORDER AND OPINION denying (216) Motion; denying as moot (230) Motion; dismissing (232) Sealed Motion; dismissing (233) Motion. Signed by Honorable J Michelle Childs on 4/18/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 14, 2022 Filing 234 MOTION to Seal Excerpts of the Transcript from the Hearing on Plaintiffs' Motion for Corrective Notice by Blackbaud Inc. Response to Motion due by 4/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A)No proposed order.(Raether, Ronald)
April 14, 2022 Filing 233 Supplemental MOTION for Corrective Notice re #232 SEALED MOTION by Plaintiffs' Lead Counsel. Response to Motion due by 4/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Declaration of Marlon E. Kimpson Transmitting Evidence in Support of Plaintiffs' Supplement in Support of Plaintiffs' Motion for Corrective Notice, #2 Exhibit B: Email Correspondence)No proposed order.(Kimpson, Marlon)
April 14, 2022 Filing 232 SEALED MOTION by Plaintiffs' Lead Counsel. Response to Motion due by 4/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Declaration of Marlon E. Kimpson Transmitting Evidence in Support of Plaintiffs' Supplement in Support of Plaintiffs' Motion for Corrective Notice, #2 Exhibit A: Sealed Portion of March 23, 2022 Hearing, #3 Exhibit B: Email Correspondence)No proposed order.(Kimpson, Marlon)
April 13, 2022 Filing 231 TEXT ORDER: This matter is before the court pursuant to Plaintiffs' unopposed Motion to Seal their Supplemental Filing in Support of Plaintiffs' Motion for Corrective Notice. (ECF No. 229.) Specifically, Plaintiffs ask to seal their Supplement and certain exhibits attached thereto, which contain Protected Material within the scope of the March 29, 2021 Stipulated Confidentiality Order entered in this matter (ECF No. 63). In order to seal a document, the court must "(1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives." Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). Upon review, the court observes that Plaintiffs' Motion to Seal was filed on April 5, 2022, thereby providing the public with notice and an opportunity to object to the Motion. The court is persuaded that the information Plaintiffs seek to file under seal are protected materials under the Stipulated Confidentiality Order filed in this case. (ECF No. 63.) Further, Plaintiffs have submitted a redacted version of their Supplement to be filed on the public docket. Under these circumstances, the court has considered less drastic alternatives to sealing and determined that such alternatives would not provide adequate protection. As a result of the foregoing, the court GRANTS Plaintiffs' Motion to Seal #229 . Plaintiffs are directed to file the sealed document as well as the redacted version within three (3) days of this order. Signed by Honorable J Michelle Childs on 4/13/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 11, 2022 Filing 230 MOTION to Seal Excerpts of Its Supplemental Filing in Opposition to Plaintiffs' Motion for Corrective Notice by Blackbaud Inc. Response to Motion due by 4/25/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A)Proposed order is being emailed to chambers with copy to opposing counsel.(Raether, Ronald)
April 5, 2022 Filing 229 MOTION to Seal by Plaintiffs' Lead Counsel. Response to Motion due by 4/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Seal)No proposed order.(Kimpson, Marlon)
April 4, 2022 Filing 228 TEXT ORDER This matter is before the court to address the briefing schedule for choice of law issues. The parties agree that formal briefing on choice of law is appropriate in advance of substantive motions practice. The parties have informed the court they consent to filing their opening briefs regarding choice of law on April 29, 2022, with responses due on May 13, 2022. The court approves of the proposed briefing schedule and adopts these deadlines. Signed by Honorable J Michelle Childs on 4/4/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 31, 2022 Filing 227 NOTICE of Intent to Request Redaction by Ronald Irvin Raether, Jr re (223 in 3:20-mn-02972-JMC) Transcript,,, Associated Cases: 3:20-mn-02972-JMC et al.(Raether, Ronald)
March 25, 2022 Filing 226 NOTICE of Hearing: Status Conference set for 4/21/2022 09:30 AM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 25, 2022 Filing 225 CASE MANAGEMENT ORDER NO. 17 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 11) Signed by Honorable J Michelle Childs on 3/25/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 24, 2022 Filing 223 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion hearing and Status Conference held on March 23, 2022, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 4/14/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/22/2022. (kari, )
March 23, 2022 Filing 222 Minute Entry. Proceedings held before Honorable J. Michelle Childs: Status Conference held on 3/23/2022; Motion hearing held on 3/23/2022 re ( #204 in 3:20-mn-02972-JMC)SEALED MOTION by Plaintiffs' Lead Counsel. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JMC et al. (lbak)
March 15, 2022 Filing 221 TEXT ORDER: This matter is before the court to address attendance at the hearing and status conference scheduled for March 23, 2022 at 9:30AM. Based on its review of Plaintiffs' pending Motion (ECF No. 216), Defendant Blackbaud, Inc.'s Response (ECF No. 214), and the parties' stipulated protocol for the hearing (ECF No. 219), the court finds that in-person proceedings will be more efficient for addressing the issues before the court. Therefore, the motion hearing and status conference scheduled for March 23, 2022 at 9:30AM will now be conducted in-person in Courtroom 3, but will still allow the option for virtual attendance. Signed by Honorable J Michelle Childs on 3/15/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 9, 2022 Filing 219 JOINT STIPULATION by Blackbaud Inc, In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972. (Jones, Celeste) (Main Document 219 replaced on 3/10/2022) (asni, ). Modified to replace document to correct attorney signature on 3/10/2022 (asni, ).
March 8, 2022 Filing 218 RESPONSE to Motion re #209 MOTION to Seal Portions of its Opposition to Plaintiffs' Motion for Corrective Notice Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 3/15/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
March 4, 2022 Filing 217 ANSWER to Amended Complaint by Blackbaud Inc. refiled by the clerk to correct event type. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 1, 2022 Filing 216 MOTION for Corrective Notice re #204 SEALED MOTION by Plaintiffs' Lead Counsel. Response to Motion due by 3/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion for Corrective Notice (Redacted Version))No proposed order.(Kimpson, Marlon)
March 1, 2022 Filing 215 Sealed Document in re document #204 . (Jones, Celeste)
March 1, 2022 Filing 214 RESPONSE in Opposition re #204 SEALED MOTION for Corrective Notice (REDACTED) Response filed by Blackbaud Inc.Reply to Response to Motion due by 3/8/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jones, Celeste)
February 28, 2022 Filing 213 TEXT ORDER: The court plans to conduct a virtual hearing on Plaintiffs' Motion for Corrective Notice (ECF No. 204) immediately following the next case management conference scheduled for March 23, 2022 at 9:30 AM. The court is aware of confidentiality concerns pertaining to Plaintiffs' Motion for Corrective Notice as expressed by counsel at the case management conference held on February 18, 2022, and as set forth in the parties' motions to seal (ECF Nos. 193, 209). As such, the court directs the parties to delineate any special parameters they deem necessary to ensure information protected by the Stipulated Confidentiality Order (ECF No. 63) is adequately safeguarded during the motion hearing. The parties shall file this document jointly by March 4, 2022 at 5:00 PM. Signed by Honorable J Michelle Childs on 2/28/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 28, 2022 Filing 212 TEXT ORDER: This matter is before the court pursuant to Defendant Blackbaud, Inc.'s ("Blackbaud") Motion to Seal portions of its Response in Opposition to Plaintiffs' Motion for Corrective Notice. (ECF No. 209.) Specifically, Blackbaud asks to seal certain exhibits to its Response, to seal portions of the Response that reference those exhibits, and to seal certain documents and exhibits the court previously allowed Plaintiffs to submit under seal in support of their Motion for Corrective Notice. (ECF No. 209-1 at 2.) Blackbaud asserts that it makes this request to protect security sensitive information and other material protected under the Stipulated Confidentiality Order. (Id. at 3.) In order to seal a document, the court must (1) "give the public adequate notice that the sealing of documents may be ordered"; (2) "provide interested persons an opportunity to object to the request before the court ma[kes] its decision"; (3) "state its reasons on the record, supported by specific findings"; and (4) "state its reasons for rejecting alternatives to disclosure." Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 25354 (4th Cir. 1988) (citations omitted). Upon review, the court observes that Blackbaud's Motion to Seal was filed on February 22, 2022, thereby providing the public with notice and an opportunity to object to the Motion. The court is persuaded that the information Blackbaud seeks to file under seal are protected materials under the Stipulated Confidentiality Order filed in this case. (ECF No. 63.) Under these circumstances, the court has considered less drastic alternatives to sealing and determined that such alternatives would not provide adequate protection. As a result of the foregoing, the court GRANTS Blackbaud's Motion to Seal #209 . Blackbaud is directed to file its sealed motion as well as the redacted version of the motion within three (3) days of this order. Signed by Honorable J Michelle Childs on 2/28/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 23, 2022 Opinion or Order Filing 210 ORDER ON PLAINTIFFS' SECOND SET OF REQUESTS FOR PRODUCTION. This document relates to all actions. Signed by Honorable J Michelle Childs on 2/23/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 22, 2022 Filing 209 MOTION to Seal Portions of its Opposition to Plaintiffs' Motion for Corrective Notice by Blackbaud Inc. Response to Motion due by 3/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Descriptive Index of Material to be Sealed)No proposed order.(Jones, Celeste)
February 22, 2022 Filing 208 NOTICE of Hearing: Status Conference set for 3/23/2022 09:30 AM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 18, 2022 Filing 207 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on February 18, 2022, at 9:31 a.m., before Judge J. Michelle Childs. Court Reporter: Carly Horenkamp. E-mail: carleen_horenkamp@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 3/11/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/19/2022. (chor, )
February 18, 2022 Filing 206 CASE MANAGEMENT ORDER NO. 16 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 10) This Order relates to all actions. Signed by Honorable J Michelle Childs on 2/18/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 18, 2022 Filing 205 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 2/18/2022 via WebEx. Court Reporter Carly Horenkamp. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
February 16, 2022 Filing 204 SEALED MOTION by Plaintiffs' Lead Counsel. Response to Motion due by 2/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum in Support of Plaintiffs' Motion for Corrective Notice, #2 Affidavit Declaration of Marlon E. Kimpson Transmitting Evidence, #3 Exhibit A: Blackbaud Corrective Notice, #4 Exhibit B: Dep. of Rich Friedberg, #5 Exhibit C: Defendant's Revised Fact Sheet, #6 Exhibit D: May 14, 2020 Message Log, #7 Exhibit E: Ransom Note, #8 Exhibit F: May 20-21 Message Log, #9 Exhibit G: July 16, 2020 Message Log, #10 Exhibit H: Post-Incident Handling Report, #11 Exhibit I: August 27, 2020 Correspondence, #12 Exhibit J: Comment Log, #13 Exhibit K: Incident Report, #14 Exhibit L: Hacker Communications, #15 Exhibit M: August 10, 2020 Message Log, #16 Exhibit N: July 2, 2020 Draft Comments, #17 Exhibit O: July 18, 2020 Message Log, #18 Exhibit P: May 25, 2020 Email Correspondence, #19 Exhibit Q: May 21, 2020 Message Log, #20 Exhibit R: Major Incident Alert, #21 Exhibit S: May 28, 2020 Email Correspondence, #22 Exhibit T: May 2020 Meeting Notes, #23 Exhibit U: June 23, 2019 Email Correspondence, #24 Exhibit V: November 15, 2019 Message Log, #25 Exhibit W: August 21, 2020 Message Log, #26 Exhibit X: July 21, 2020 Message Log, #27 Exhibit Y: September 29, 2020 Notification Summaries, #28 Exhibit Z: Working List, #29 Exhibit AA: December 8, 2020 Email Communications, #30 Exhibit BB: September 29, 2020 Identity Monitoring Details, #31 Exhibit CC: September 23, 2020 Email Correspondence, #32 Exhibit DD: September 23, 2020 Email Correspondence, #33 Exhibit EE: August 20, 2020 Message Log, #34 Exhibit FF: October 9, 2020 Correspondence, #35 Exhibit GG: Blackbaud PowerPoint, #36 Affidavit Declaration of Steven Weisbrot)No proposed order.(Kimpson, Marlon) Modified to edit text on 2/17/2022 (asni, ).
February 15, 2022 Filing 203 TEXT ORDER: This matter is before the court on Defendant Blackbaud, Inc.'s Motion to Establish Briefing Schedule and Extend Time for Blackbaud's Response to Plaintiffs' Motion for Corrective Notice. (ECF No. 197.) Blackbaud requests a one (1) week extension to respond to Plaintiffs' Motion for Corrective Notice based on "the volume of the submitted materials" and "the numerous grounds on which Plaintiffs' requested relief should be denied[.]" (Id. at 2.) Plaintiffs respond that they provided Blackbaud notice of their Motion in advance of filing, that they attempted to meet and confer regarding the Motion, and that Blackbaud has had sufficient time to respond. (ECF No. 202 at 23.) "When the date specified for filing court papers is not jurisdictional, broad discretion is given to the trial court to manage its docket." Marryshow v. Flynn, 986 F.2d 689, 693 (4th Cir. 1993). The court observes that in addition to responding to Plaintiffs' Motion for Corrective Notice, Blackbaud has been required to spend time reviewing and responding to Plaintiffs' related Motion to Seal (ECF No. 193) and Motion for Expedited Briefing (ECF No. 196). Upon review of the parties' arguments and exhibits, and in consideration of the other demands of the case at present, the court finds a five (5) day extension of Blackbaud's time to respond to Plaintiffs' Motion for Corrective Notice appropriate. As such, Blackbaud's Motion to Establish Briefing is GRANTED IN PART and DENIED IN PART. (ECF No. #197 .) The deadline for Blackbaud to respond to Plaintiffs' Motion for Corrective Notice is extended to February 22, 2022. Signed by Honorable J Michelle Childs on 2/15/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 15, 2022 Filing 202 RESPONSE in Opposition re #197 MOTION for Extension of Time to File Response/Reply as to #196 MOTION to Expedite Briefing of Plaintiffs' Motion for Corrective Notice Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 2/22/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
February 14, 2022 Filing 201 TEXT ORDER: Before the court is Defendant Blackbaud, Inc.'s Motion to Establish Briefing Schedule and Extend Time for its response to Plaintiffs' Motion for Corrective Notice. (ECF No. 197.) Plaintiffs are directed to submit any response to Blackbaud's Motion by February 15, 2022, at 12:00 PM. Signed by Honorable J Michelle Childs on 2/14/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 10, 2022 Filing 200 TEXT ORDER: This matter is before the court on Plaintiffs' Motion for Expedited Briefing on Plaintiffs' Motion for Corrective Notice. (ECF No. 196.) Plaintiffs request an expedited briefing schedule "in order to expeditiously and adequately protect putative class members' interests, data, and identities." (Id. at 4.) Plaintiffs contend they provided defense counsel adequate notice prior to filing the Motion for Corrective Notice to justify an expedited briefing schedule. (Id. at 3.) Defendant Blackbaud, Inc. responds that Plaintiffs' Motion for Expedited Briefing should be denied based on the volume of Plaintiffs' Motion for Corrective Notice and attached exhibits, the length of time Plaintiffs have had the documents on which they base their Motion, the relief sought, and Plaintiffs' alleged disregard for the meet and confer process. (ECF No. 199 at 1.) "When the date specified for filing court papers is not jurisdictional, broad discretion is given to the trial court to manage its docket." Marryshow v. Flynn, 986 F.2d 689, 693 (4th Cir. 1993). Upon review of the parties' arguments and consideration of the length of time Plaintiffs have had to prepare their Motion for Corrective Notice, the court finds no reason to shorten the length of time Defendant has to prepare its response. As such, Plaintiffs' Motion for Expedited Briefing is DENIED #196 . Signed by Honorable J Michelle Childs on 2/10/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 10, 2022 Filing 199 RESPONSE in Opposition re #196 MOTION to Expedite Briefing of Plaintiffs' Motion for Corrective Notice Response filed by Blackbaud Inc.Reply to Response to Motion due by 2/17/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit Decarlation of Joshua D. Davey)(Jones, Celeste)
February 10, 2022 Filing 198 TEXT ORDER: This matter is before the court pursuant to Plaintiffs' Motion to Seal their memorandum in support of their Motion for Protective Notice. (ECF No. 193.) Specifically, Plaintiffs move pursuant to Local Civil Rule 5.03 to seal their Memorandum in Support of Plaintiffs' Motion for Corrective Notice, the Declaration of Marlon E. Kimpson, and Exhibits A to GG attached thereto; the Declaration of Steven Weisbrot, which contain Protected Material within the scope of the March 29, 2021 Stipulated Confidentiality Order entered in this matter (ECF No. 63). (Id. at 1.) In order to seal a document, the court must (1) "give the public adequate notice that the sealing of documents may be ordered"; (2) "provide interested persons an opportunity to object to the request before the court ma[kes] its decision"; (3) "state its reasons on the record, supported by specific findings"; and (4) state its reasons for rejecting alternatives to disclosure." Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 25354 (4th Cir. 1988) (citations omitted). Upon review, the court observes that Plaintiffs' Motion to Seal was filed on February 3, 2022, thereby providing the public with notice and an opportunity to object to the Motion. The court is persuaded that the information Plaintiffs seek to file under seal are protected materials under the Stipulated Confidentiality Order filed in this case. (ECF No. 63.) Under these circumstances, the court has considered less drastic alternatives to sealing and determined that such alternatives would not provide adequate protection. As a result of the foregoing, the court GRANTS Plaintiffs' Motion to Seal their Memorandum in Support of Plaintiffs' Motion for Corrective Notice and certain exhibits attached thereto. (ECF No. #193 .) This action relates to all cases. Signed by Honorable J Michelle Childs on 2/10/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 9, 2022 Filing 197 MOTION for Extension of Time to File Response/Reply as to #196 MOTION to Expedite Briefing of Plaintiffs' Motion for Corrective Notice by Blackbaud Inc. Response to Motion due by 2/23/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.(Jones, Celeste)
February 9, 2022 Filing 196 MOTION to Expedite Briefing of Plaintiffs' Motion for Corrective Notice by Plaintiffs' Lead Counsel. Response to Motion due by 2/23/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kimpson, Marlon)
February 3, 2022 Filing 195 Sealed Document. refiled by the clerk to spread to all related cases. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 3, 2022 Filing 194 AMENDED COMPLAINT (redacted version) against Blackbaud Inc, filed by Plaintiffs' Lead Counsel. Service due by 5/4/2022(asni, ) refiled by the clerk to spread the entry to all related cases. Associated Cases: 3:20-mn-02972-JMC et al.
February 3, 2022 Filing 193 MOTION to Seal Memorandum in Support of Plaintiffs Motion for Corrective Notice by Plaintiffs' Lead Counsel. Response to Motion due by 2/17/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Seal)No proposed order.(Kimpson, Marlon)
January 31, 2022 Filing 190 TEXT ORDER: This matter is before the court to address the posture of the actions against the non-Blackbaud defendants, Cohen v. Blackbaud, Inc. et al (3:21-cv-00948-JMC), Peterson v. Allina Health System (3:21-cv-00989-JMC), Mesa et. al. v. Enloe Medical Center (3:21-cv-01872-JMC), and Bell (f/k/a Jobe) v. Community Medical Centers (3:21-cv-02461-JMC). Currently, the litigation against Defendant Blackbaud, Inc. ("Blackbaud") is proceeding with phased briefing and discovery while the actions against non-Blackbaud defendants were stayed until resolution of Blackbaud's Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 92), Motion to Dismiss Certain Statutory Claims (ECF No. 110), and Motion to Dismiss Select Common Law Claims (ECF No. 124). After ruling on the relevant motions, the court conducted a status conference regarding the continued stay of cases with non-Blackbaud defendants on January 18, 2022. (See ECF No. 182.) The court notes that counsel for Plaintiffs in Bell and Cohen, as well as counsel for Plaintiff in Peterson, voiced their continued preference to litigate in the states where the actions were originally filed. As the court noted at the status conference, the Judicial Panel on Multidistrict Litigation's ("JPML") transfer orders addressed these arguments in both Cohen and Peterson, and found that, even in cases where Blackbaud, Inc. is no longer a named defendant, the cases involve common questions of fact with the other actions transferred to MDL No. 2972. (ECF No. 65 at 3.) Based on its finding that "[t]he claims in Peterson and Cohen arise from the same data breach and involve many of the same factual questions," the JPML concluded that transfer would "eliminate duplicative discovery, prevent inconsistent rulings on pretrial matters, and conserve the resources of the parties, their counsel, and the judiciary." (Id.) Further, this court previously agreed to rule on Plaintiff's Motion to Remand in Peterson to determine whether this court has subject matter jurisdiction over the action. (ECF No. 101.) The court ultimately determined that Peterson was properly removed from state court because the Class Action Fairness Act conferred subject matter jurisdiction and the local controversy and discretionary jurisdiction exceptions did not apply. (Id. at 13.) No objections were filed in Mesa (see ECF No. 116; MDL No. 2972 (J.P.M.L. June 11, 2021) ECF No. 122) or in Bell (see ECF No. 135; MDL No. 2972 (J.P.M.L. July 20, 2021) ECF No. 133) in opposition to the JPML's transfer orders determining that these actions involve questions of fact common to the previously assigned actions. Aside from the preference to litigate these matters elsewhere, counsel did not indicate opposition to continuing the stay of cases against non-Blackbaud defendants until after resolution of class certification in the lead case (Phase II) (see ECF Nos. 78, 155). After careful consideration, the court determines that continuing the stay will promote judicial economy by efficiently streamlining the litigation and avoiding unnecessary duplication of efforts and resources. Accordingly, the court STAYS all actions against non-Blackbaud defendants until after resolution of class certification in the lead case. Signed by Honorable J Michelle Childs on 1/31/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 31, 2022 Filing 189 TEXT ORDER: This matter is before the court pursuant to Defendant Blackbaud, Inc.'s ("Blackbaud") unopposed Motion to Seal the Consolidated Amended Complaint ("CAC"). (ECF No. 181.) Blackbaud makes this request "to protect security sensitive information which, if made public, could pose risks to Blackbaud's information security programs, along with other confidential material within the scope of the March 29, 2021 Stipulated Confidentiality Order [(ECF No. 63)] entered in this matter." (ECF No. 181-1 at 2.) Blackbaud asserts that "the Amended Complaint includes information regarding Blackbaud's cybersecurity program and defenses; the threat actor's methods and Blackbaud's response to those methods; and assessments and investigations performed by Blackbaud and its third-party consultants (collectively with the information from the Report, the 'Security Sensitive Information')." (Id. at 34.) To seal a document, a party must: (1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting alternatives. Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). Upon review, the court observes that Blackbaud's Motion to Seal was filed on the public docket on January 14, 2022, thereby providing the public with adequate notice and opportunity to object to the Motion. The court further observes that filing the unredacted CAC under seal and a redacted version on the public docket will maintain the confidentiality of the Security Sensitive Information while facilitating public access to the document. Given the nature of the Security Sensitive Information, a threat actor could use it to calibrate strategies to attempt to infiltrate Blackbaud's systems, emboldening threat actors to attempt further attacks on Blackbaud's systems. (ECF No. 181-1 at 14.) Recognizing that disclosure of information concerning Blackbaud's security systems could severely harm Blackbaud and its customers, the court expressly agreed to help the parties maintain the confidentiality of Blackbaud's security information when it approved the Stipulated Confidentiality Order. The Stipulated Confidentiality Order allows the parties to use the designation "Confidential Trial Counsel Only" for a "subset of extremely sensitive 'Confidential Information,' such as corporate network security details and other security information" and requires that information designated "Confidential Trial Counsel Only" be filed under seal. (ECF No. 63 at 2, 13.) The proposed redactions directly quote or otherwise refer to information derived from sources designated as "Confidential," "Confidential Trial Counsel Only," or "Confidential Trial Counsel Only Security Sensitive Information" under the Stipulated Confidentiality Order. Accordingly, the court GRANTS Blackbaud's Motion to Seal the CAC #181 . The court directs Plaintiffs to file the unredacted CAC under seal and a redacted version of the CAC on the public docket within three (3) days of this order. Signed by Honorable J Michelle Childs on 1/31/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 31, 2022 Filing 188 TEXT ORDER This matter is before the court pursuant to Plaintiffs' unopposed Motion to Seal the Consolidated Amended Complaint ("CAC"). (ECF No. 172.) The CAC references the "Blackbaud Incident Report Technical Report" ("Incident Report"), a report that details the configuration of Defendant Blackbaud, Inc.'s ("Blackbaud") information security systems and was designated as "Confidential Trial Counsel Only" under the Stipulated Confidentiality Order (ECF No. 63). (ECF No. 172-1 at 12.) Specifically, the CAC contains references to numerous documents which have been designated by Blackbaud as "Confidential," Confidential-Trial Counsel Only," and/or "Confidential Trial Counsel Only Security Sensitive Information" pursuant to the Confidentiality Order. (Id.) Because the gravamen of this litigation is data privacy and Plaintiffs' allegations involve breaches of their personal private information, Plaintiffs aver that public policy and the reasoning set forth in the Stipulated Confidentiality Order dictate due care in safeguarding Plaintiffs' private data, so no further harm may occur while Plaintiffs prosecute this action. (Id. at 34.) To seal a document, a party must: (1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting alternatives. Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). Upon review, the court observes that Plaintiffs' Motion to Seal was filed on the public docket on December 21, 2021, thereby providing the public with adequate notice and opportunity to object to the Motion. The court further observes that filing the unredacted CAC under seal and a redacted version on the public docket will maintain the confidentiality of sensitive information while facilitating public access to the document. The Stipulated Confidentiality Order allows the parties to use the designation "Confidential Trial Counsel Only" for a "subset of extremely sensitive 'Confidential Information,' such as corporate network security details and other security information" and requires that information designated "Confidential Trial Counsel Only" be filed under seal. (ECF No. 63 at 2, 13.) Accordingly, the court GRANTS Plaintiffs' Motion to Seal the CAC #172 . The court directs Plaintiffs to file the unredacted CAC under seal and a redacted version of the CAC on the public docket within three (3) days of this order. Signed by Honorable J Michelle Childs on 1/31/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 25, 2022 Filing 187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. motion held on 1.11.22, before Judge Michelle Childs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (kand, )
January 25, 2022 Filing 186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion held on 1.18.22, before Judge Michelle Childs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (kand, )
January 25, 2022 Filing 185 NOTICE of Hearing: Status Conference set for 2/18/2022 09:30 AM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 18, 2022 Filing 183 CASE MANAGEMENT ORDER NO. 15 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 9). This Order relates to all actions. Signed by Honorable J Michelle Childs on 1/18/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 18, 2022 Filing 182 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 1/18/2022. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC, 3:21-cv-00989-JMC, 3:21-cv-01872-JMC, 3:21-cv-02461-JMC(kbos)
January 14, 2022 Filing 181 MOTION to Seal by Blackbaud Inc. Response to Motion due by 1/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A, #3 Affidavit of Robert Todd Lant)No proposed order.(Raether, Ronald)
January 12, 2022 Filing 180 NOTICE of Hearing: Status Conference as to all Non-Blackbaud Defendants only set for 1/18/2022 10:00 AM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date. Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC, 3:21-cv-00989-JMC, 3:21-cv-01872-JMC, 3:21-cv-02461-JMC(asni, )
January 11, 2022 Filing 179 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 1/11/2022. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
January 11, 2022 Filing 178 NOTICE OF RESCHEDULED HEARING Status Conference set for 1/11/2022 10:00 AM cancelled and rescheduled to: Status Conference set for 1/11/2022 02:30 PM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference has been coordinated. ***PLEASE NOTE THIS IS A TIME CHANGE ONLY***Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 10, 2022 Filing 177 TEXT ORDER: Before the court is Plaintiffs' Motion to Amend the Consolidated Class Action Complaint. (ECF No. 173.) Defendant Blackbaud, Inc. has filed a Response Statement of Non-Opposition to Plaintiffs' Motion. (ECF No. 176.) Generally, "leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Johnson v. Oroweat Foods Co., 785 F.2d 503, 509 (4th Cir. 1986) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). The court finds there has been no bad faith by Plaintiffs, and it does not appear an amendment would be futile. Furthermore, there is no prejudice as Blackbaud has consented to the filing of the amended complaint. Given these considerations, the court GRANTS Plaintiffs' Motion to Amend #173 . Signed by Honorable J Michelle Childs on 1/10/2022.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 4, 2022 Filing 176 RESPONSE to Motion re #173 MOTION to Amend/Correct Consolidated Class Action Complaint (Statement of Non-Opposition) Response filed by Blackbaud Inc.Reply to Response to Motion due by 1/11/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Raether, Ronald)
January 3, 2022 Filing 175 TEXT ORDER granting #174 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 1/3/2022.(asni, )
December 22, 2021 Filing 174 MOTION to Appear Pro Hac Vice by Jessica Lohr ( Filing fee $ 350 receipt number ASCDC-10249637) by Blackbaud Inc. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission)No proposed order.(Jones, Celeste)
December 21, 2021 Filing 173 MOTION to Amend/Correct Consolidated Class Action Complaint by Plaintiffs' Liaison Counsel. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Ulmer, Frank)
December 21, 2021 Filing 172 MOTION to Seal by Plaintiffs' Lead Counsel. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit, #3 Certificate of Service)No proposed order.Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon)
December 21, 2021 Filing 171 NOTICE of Hearing: Status Conference set for 1/11/2022 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
December 17, 2021 Filing 170 Letter from Plaintiffs Regarding Status of Actions with Non-Blackbaud Defendants. Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC, 3:21-cv-00989-JMC, 3:21-cv-01872-JMC, 3:21-cv-02461-JMC(Ulmer, Frank)
December 13, 2021 Filing 169 CASE MANAGEMENT ORDER NO. 14 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 8) This Order relates to all actions. Signed by Honorable J Michelle Childs on 12/13/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
December 9, 2021 Filing 168 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on December 8, 2021, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022. (kari, )
December 8, 2021 Filing 167 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 12/8/2021. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JMC et al.(jpet, )
November 18, 2021 Opinion or Order Filing 166 ORDER granting #165 MOTION for Extension of Time to File Answer to Consolidated Class Action Complaint. Answer is extended to 21 days after Plaintiffs file and serve their Amended Consolidated Class Action Complaint. Signed by Honorable J Michelle Childs on 11/18/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
November 18, 2021 Filing 165 MOTION for Extension of Time to File Answer re #77 Amended Complaint, by Blackbaud Inc. Response to Motion due by 12/2/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Raether, Ronald)
November 12, 2021 Filing 164 NOTICE of Hearing: Case Management Conference No. 8 set for 12/8/2021 09:30 AM before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
November 2, 2021 Filing 163 DELETION OF DOCKET ENTRY NUMBER 163 Reason: Voluntary dismissals are only filed in the individual cases. Plaintiff's counsel has been instructed to correct captions for replacement in the individual cases. (asni, )
October 20, 2021 Filing 162 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 10.19.21, before Judge MICHELLE CHILDS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022. (kand, )
October 20, 2021 Filing 161 CASE MANAGEMENT ORDER NO. 13 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 7) This Order relates to all actions. Signed by Honorable J Michelle Childs on 10/20/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
October 19, 2021 Opinion or Order Filing 160 ORDER AND OPINION granting in part and denying in part (124) Motion to Dismiss in case 3:20-mn-02972-JMC. Specifically, the court: Denies Blackbaud's Motion to Dismiss Plaintiffs' negligence and gross negligence claims; Grants Blackbaud's Motion to Dismiss Plaintiffs' negligence per se and unjust enrichment claims. Signed by Honorable J Michelle Childs on 10/19/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
October 19, 2021 Filing 159 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 10/19/2021. Court Reporter Karen Andersen. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
October 12, 2021 Opinion or Order Filing 157 ORDER AUTHORIZING RELEASE OF INFORMATION PURSUANT TO THE FAIR CREDIT REPORTING ACT. Signed by Honorable J Michelle Childs on 10/12/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
September 22, 2021 Filing 155 CASE MANAGEMENT ORDER NO. 12 (SUMMARY OF SCHEDULING REVISIONS) This Order relates to all actions. Signed by Honorable J Michelle Childs on 9/22/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
September 16, 2021 Filing 154 TEXT ORDER granting #153 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 9/16/2021.(asni, )
September 15, 2021 Filing 153 MOTION to Appear Pro Hac Vice by S. Mohsin Reza ( Filing fee $ 350 receipt number 0420-10073705) by Blackbaud Inc. Response to Motion due by 9/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission, #2 Proposed Order)No proposed order.(Jones, Celeste)
September 13, 2021 Filing 152 NOTICE of Hearing: Status Conference set for 10/19/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be coordinated at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
September 13, 2021 Filing 151 CASE MANAGEMENT ORDER NO. 11 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 6). This Order relates to all actions. Signed by Honorable J Michelle Childs on 9/13/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
September 13, 2021 Filing 150 SUPPLEMENT by Plaintiffs' Lead Counsel to #142 Response in Opposition to Motion,, . (Kimpson, Marlon)
September 13, 2021 Filing 149 TEXT ORDER granting #148 Motion for Leave to File Notice of supplemental authority. Signed by Honorable J Michelle Childs on 9/13/2021.(asni, )
September 10, 2021 Filing 148 MOTION for Leave to File by Plaintiffs' Lead Counsel. Response to Motion due by 9/24/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Plaintiffs' Motion for Leave to File Notice of Supplemental Authority in Support of Their Response in Opposition to Blackbaud's Motion to Dismiss Plaintiffs' Common Law Claims, #2 Exhibit A)No proposed order.(Kimpson, Marlon)
September 7, 2021 Filing 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motions Hearing held on September 2, 2021, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 9/28/2021. Redacted Transcript Deadline set for 10/8/2021. Release of Transcript Restriction set for 12/6/2021. (kari, )
September 2, 2021 Filing 146 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 9/2/2021, Motion Hearing held on 9/2/2021 re (124 in 3:20-mn-02972-JMC) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Complaint's Negligence, Negligence Per Se, Gross Negligence, and Unjust Enrichment Claims filed by Blackbaud Inc. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
August 16, 2021 Filing 145 TEXT ORDER granting #144 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 8/16/2021.(asni, )
August 16, 2021 Filing 144 MOTION to Appear Pro Hac Vice by Melissa A. Chuderewicz ( Filing fee $ 350 receipt number 0420-10018737) by Blackbaud Inc. Response to Motion due by 8/30/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jones, Celeste)
August 12, 2021 Opinion or Order Filing 143 ORDER AND OPINION granting in part and denying in part (110) Motion to Dismiss in case 3:20-mn-02972-JMC. Signed by Honorable J Michelle Childs on 8/12/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
August 9, 2021 Filing 142 RESPONSE in Opposition re #124 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Complaint's Negligence, Negligence Per Se, Gross Negligence, and Unjust Enrichment Claims Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 8/16/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Krysta Kauble Pachman in Support of Opposition to Defendant Blackbaud, Inc.'s Motion to Dismiss, #2 Exhibit A to Declaration of Krysta Kauble Pachman)(Kimpson, Marlon) supplement #150 added on 9/13/2021 (asni, ).
July 30, 2021 Filing 141 DELETION OF DOCKET ENTRY NUMBER 141 Reason: affidavit of service of subpoena to produce documents are not filed on the court docket. Attorney has been advised the document is deleted. (asni, )
July 27, 2021 Filing 140 TEXT ORDER granting #139 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 7/29/2021.(asni, )
July 27, 2021 Filing 139 MOTION to Appear Pro Hac Vice by Harrison S. Kelly ( Filing fee $ 350 receipt number 0420-9981816) by Blackbaud Inc. Response to Motion due by 8/10/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jones, Celeste)
July 23, 2021 Filing 138 Letter from Blackbaud regarding additional case law. (Jones, Celeste)
July 21, 2021 Filing 137 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Hearing on Motions and Status Conference held on July 20, 2021, at 9:31 a.m., before Judge J. Michelle Childs. Court Reporter: Carly Horenkamp, RDR, CRR, CRC. E-mail: carleen_horenkamp@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 8/11/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/19/2021. (chor, )
July 21, 2021 Filing 136 NOTICE of Hearing on Motion to Dismiss for Failure to State a Claim with Status Conference immediately following set for 9/2/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J. Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
July 21, 2021 Filing 134 CASE MANAGEMENT ORDER NO. 10 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 5). This Order relates to all actions. Signed by Honorable J Michelle Childs on 7/21/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
July 20, 2021 Filing 135 MDL CONDITIONAL TRANSFER ORDER #6, Received from the Multi-District Litigation Panel. (asni, )
July 20, 2021 Filing 133 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 7/20/2021, Motion Hearing held on 7/20/2021 re (110 in 3:20-mn-02972-JMC) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blackbaud Inc, Court Reporter Carly Horenkamp. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
July 16, 2021 Filing 132 Letter from Blackbaud, Inc.. (Jones, Celeste)
July 16, 2021 Filing 131 Letter from Plaintiffs to Judge Childs re Case Schedule. (Segui, Harper)
July 15, 2021 Filing 130 NOTICE of Appearance by James Keith Gilliam on behalf of Blackbaud Inc (Gilliam, James)
July 14, 2021 Opinion or Order Filing 129 ORDER REGARDING REVISED SCHEDULING ORDER. Signed by Honorable J Michelle Childs on 7/14/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
July 14, 2021 Filing 128 STIPULATION REGARDING REVISED SCHEDULING ORDER by Plaintiffs' Liaison Counsel. Associated Cases: 3:20-mn-02972-JMC et al.(Ulmer, Frank)
July 14, 2021 Filing 127 NOTICE OF RESCHEDULED HEARING set for 7/20/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. cancelled and rescheduled to: Hearing on Statutory Claim Motion to Dismiss with Status Conference immediately following set for 7/20/2021 09:30 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference to follow. ***PLEASE NOTE THIS IS A COURTROOM LOCATION CHANGE ONLY***(asni, )
July 9, 2021 Filing 124 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Consolidated Complaint's Negligence, Negligence Per Se, Gross Negligence, and Unjust Enrichment Claims by Blackbaud Inc. Response to Motion due by 7/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Appendix 1, #3 Appendix 2)No proposed order.(Jones, Celeste)
July 6, 2021 Filing 123 RESPONSE in Opposition re #110 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 7/13/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kimpson, Marlon)
July 1, 2021 Opinion or Order Filing 121 ORDER AND OPINION denying (92) Motion to Dismiss for Lack of Subject Matter Jurisdiction in case 3:20-mn-02972-JMC Signed by Honorable J Michelle Childs on 7/1/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
July 1, 2021 Filing 120 SUPPLEMENT by Plaintiffs' Lead Counsel to #92 MOTION to Dismiss the Consolidated Complaint, #118 Supplement - Plaintiffs' Response to Defendant Blackbaud, Inc.'s Notice of Supplemental Authority. (Kimpson, Marlon)
June 29, 2021 Filing 119 TEXT ORDER: This matter is before the court to address a recent filing by Defendant Blackbaud, Inc. ("Blackbaud"). On June 28, 2021, Blackbaud filed a Supplement (ECF No. 118) to its Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 92) addressing the Supreme Court's recent decision in TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021). Although the filing was not contemplated by the briefing scheduling outlined in Case Management Order No. 7C (ECF No. 78), Plaintiffs may file a response to Blackbaud's Supplement (ECF No. 118) by Thursday, July 1, 2021 at 12 p.m. EST. Plaintiffs' response should only address Blackbaud's Supplement (ECF No. 118) and the implications of Ramirez for Blackbaud's pending Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 92). Signed by Honorable J Michelle Childs on 6/29/2021. (asni, )
June 28, 2021 Filing 118 SUPPLEMENT as to #92 MOTION to Dismiss by Blackbaud Inc . (Attachments: #1 Exhibit TransUnion Opinion)(Jones, Celeste) supplement #120 added on 7/2/2021 (asni, ).
June 28, 2021 Filing 117 TEXT ORDER: This matter is before the court to address the posture of the actions against the non-Blackbaud defendants. Currently, the litigation against Defendant Blackbaud, Inc. ("Blackbaud") is proceeding with phased briefing and discovery as outlined in Case Management Order No. 7C (ECF No. 78) while the actions against non-Blackbaud defendants are stayed until July 29, 2021 (ECF No. 94 at 1). After considering the parties' proposals for consolidation and scheduling in the actions against the non-Blackbaud Defendants (ECF Nos. 104; 105; 106; 107; 108), the court STAYS all actions against non-Blackbaud defendants until the court resolves Blackbaud's Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 92), Motion to Dismiss Certain Statutory Claims (ECF No. 110), and forthcoming Motion to Dismiss Select Common Law Claims (see ECF No. 78 at 2-3). Because the liability of the non-Blackbaud defendants may be derivative of Blackbaud's liability, the court's rulings in the first phase of litigation against Blackbaud may clarify the issues in the actions against the non-Blackbaud defendants. This decision reflects the court's pronounced desire to promote judicial economy by efficiently streamlining the litigation and avoiding unnecessary duplication of efforts and resources. Signed by Honorable J Michelle Childs on 6/28/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
June 11, 2021 Filing 116 MDL CONDITIONAL TRANSFER ORDER #5, Received from the Multi-District Litigation Panel. (asni, )
June 11, 2021 Filing 115 CASE MANAGEMENT ORDER NO. 9 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 4). This Order relates to all actions. Signed by Honorable J Michelle Childs on 6/11/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
June 11, 2021 Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion hearing held on June 9, 2021, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/2/2021. Redacted Transcript Deadline set for 7/12/2021. Release of Transcript Restriction set for 9/9/2021. (kari, )
June 10, 2021 Filing 113 NOTICE of Hearing on Statutory Claim Motion to Dismiss with Status Conference immediately following set for 7/20/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be made at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
June 9, 2021 Filing 112 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 6/9/2021, Motion Hearing held on 6/9/2021 re (92 in 3:20-mn-02972-JMC) MOTION to Dismiss the Consolidated Complaint filed by In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972, (110 in 3:20-mn-02972-JMC) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blackbaud Inc. Court Reporter Kathleen Richardson. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
June 8, 2021 Filing 111 NOTICE OF RESCHEDULED HEARING Jurisdictional Motion to Dismiss set for 6/9/2021 09:30 AM - 11:30 AM, Status Conference set for 6/9/2021 11:45 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. ***Please note status conference to begin at 11:45 AM.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
June 4, 2021 Filing 110 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Blackbaud Inc. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Jones, Celeste)
June 2, 2021 Filing 109 RESPONSE in Opposition re #92 MOTION to Dismiss the Consolidated Complaint - Plaintiffs' Opposition to Blackbaud's Motion to Dismiss the Consolidated Complaint for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) Response filed by Plaintiffs' Lead Counsel.Reply to Response to Motion due by 6/9/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents - Declaration of Amy Reeder Worley in Support of Plaintiffs' Opposition to Blackbaud's Motion to Dismiss the Consolidated Class Action Complaint Under Fed. R. Civ. Pro. 12(b)(1))(Kimpson, Marlon)
June 1, 2021 Filing 108 Letter from Amy E. Keller, on behalf of Plaintiffs' Co-Lead Counsel. (Keller, Amy)
June 1, 2021 Filing 107 Letter from Bank Street College of Education. (Copeland, Jessica)
June 1, 2021 Filing 106 Letter from Blackbaud, Inc. re non-Blackbaud Defendants. (Jones, Celeste) (Main Document 106 replaced on 6/2/2021) (asni, ). Modified to replace document to correct attorney signature on 6/2/2021 (asni, ).
June 1, 2021 Filing 105 Letter from Allina Health System. (Bradford, Mark)
June 1, 2021 Filing 104 Letter from / Harvard's Response to the Court's May 4, 2021 Case Management Order (Dkt. 94). (Harrison, Lindsay)
May 20, 2021 Filing 103 NOTICE OF RESCHEDULED HEARING : Jurisdictional Motion to Dismiss set for 6/9/2021 09:30 AM - 11:30 AM, Lunch Break 11:30 AM - 1:00 PM, Status Conference set for 6/9/2021 01:00 PM - 2:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 20, 2021 Filing 102 NOTICE of Cancellation of Hearing: Status Conference set for 5/26/2021 10:00 AM - 12:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 14, 2021 Opinion or Order Filing 101 ORDER denying (23 in 3:21-cv-00989-JMC) MOTION to Remand to State Court filed by Brian Peterson. Signed by Honorable J Michelle Childs on 5/14/2021. Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00989-JMC(asni, )
May 13, 2021 Filing 100 Sealed Document. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Jones, Celeste)
May 13, 2021 Filing 99 Sealed Document. (Jones, Celeste)
May 10, 2021 Filing 98 TEXT ORDER: This matter is before the court pursuant to Defendant Blackbaud's ("Blackbaud") Motion to Seal (ECF No. 91) the exhibits in support of its Motion to Dismiss the Consolidated Complaint for Lack of Subject Matter Jurisdiction (ECF No. 92). Specifically, Blackbaud seeks to seal the Declaration of Keith Wojcieszek and accompanying summary (collectively, the "KrollSummary") and the Declaration of Angelo Stio ("Stio Declaration") because they reference Plaintiffs' addresses, phone numbers, email addresses, and usernames ("Identifying Information"). (ECF No. 91-1.) Plaintiffs submitted a Response in support of Blackbaud's Motion to Seal on May 10, 2021. (ECF No. 97.) To seal a document, a party must: (1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting alternatives. Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). Upon review, the court observes that Plaintiffs' Motion to Seal was filed on the public docket on May 3, 2021, thereby providing the public with adequate notice and opportunity to object to the Motion. (ECF No. 91.) The court further observes that it expressly agreed to help the parties maintain the confidentiality of Plaintiffs' Identifying Information when it approved the Stipulated Confidentiality Order proposed by the parties. (ECF No. 63.) Since this litigation concerns the exposure of Plaintiffs' Identifying Information during a ransomware attack on Blackbaud's systems, the Confidentiality Order explicitly directs the parties to "exercise particular caution before publicly filing" Plaintiffs' "Individual Information," including Plaintiffs' "addresses, phone numbers, e-mail addresses,... [and] usernames[.]" (ECF No. 63 at 3-4.) Finally, the court finds that redaction would be inappropriate in this context because both the Kroll Summary and the Stio Declaration frequently reference Plaintiffs' Identifying Information. Accordingly, the court GRANTS Blackbaud's Motion to Seal (ECF No. #91 ) and directs Blackbaud to file the Kroll Summary and Stio Declaration under seal. Signed by Honorable J Michelle Childs on 5/10/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 10, 2021 Filing 97 RESPONSE in Support re (91 in 3:20-mn-02972-JMC) MOTION to Seal Response filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A - Descriptive Index of Material to be Sealed)Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon)
May 5, 2021 Filing 96 NOTICE of Hearing on Jurisdictional Motion to Dismiss Motion Hearing set for 6/9/2021 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 5, 2021 Filing 95 NOTICE of Hearing: Status Conference set for 5/26/2021 10:00 AM - 12:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 4, 2021 Filing 94 CASE MANAGEMENT ORDER NO. 8 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 3). This Order relates to all actions. Signed by Honorable J Michelle Childs on 5/4/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 4, 2021 Opinion or Order Filing 93 STIPULATION AND ORDER REGARDING TRANSFER, CHOICE OF LAW, AND NON-LEAD PLAINTIFFS. This Order relates to all actions. Signed by Honorable J Michelle Childs on 5/4/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
May 3, 2021 Filing 92 MOTION to Dismiss the Consolidated Complaint by In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972. Response to Motion due by 5/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Jones, Celeste) supplement #118 added on 6/28/2021 (asni, ). supplement #120 added on 7/2/2021 (asni, ).
May 3, 2021 Filing 91 MOTION to Seal by Blackbaud Inc, In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972. Response to Motion due by 5/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Descriptive index)No proposed order.(Jones, Celeste)
May 2, 2021 Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on April 30, 2021, at 10:06 a.m., before Judge J. Michelle Childs. Court Reporter: Carly Horenkamp, RDR, CRR, CRC. E-mail: carleen_horenkamp@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/24/2021. Redacted Transcript Deadline set for 6/2/2021. Release of Transcript Restriction set for 8/2/2021. (chor, )
April 30, 2021 Filing 89 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 4/30/2021. Status conference scheduled for 5/26/21 at 10:00am. Court Reporter Carly Horenkamp. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
April 29, 2021 Opinion or Order Filing 88 ORDER APPOINTING SPECIAL MASTER. This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/28/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 28, 2021 Filing 87 Letter from Allina Health System. (Bradford, Mark)
April 27, 2021 Filing 86 Letter from Bank Street College of Education. refiled by the clerk to include in the lead case instead of the member case. (asni, )
April 27, 2021 Filing 85 Letter from / Harvard's Response to the Courts April 21, 2021 Case Management Request (Dkt. 81), In re Blackbaud Inc. Customer Data Security Breach Litigation, MDL 2972. (Harrison, Lindsay)
April 27, 2021 Filing 84 Letter from Plaintiffs' Co-Lead Counsel. Associated Cases: 3:20-mn-02972-JMC et al.(Ulmer, Frank)
April 27, 2021 Filing 83 Letter from Blackbaud Counsel Ronald Raether, Jr.. (Jones, Celeste)
April 22, 2021 Filing 82 NOTICE OF RESCHEDULED HEARING Status Conference set for 4/30/2021 10:00 AM - 12:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. cancelled and rescheduled to: Status Conference set for 4/30/2021 10:00 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date. ***PLEASE NOTE THIS IS A COURTROOM LOCATION CHANGE ONLY FOR COUNSEL APPEARING IN PERSON***Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 21, 2021 Filing 81 TEXT ORDER: This matter is before the court to address a case management issue. On April 20, 2021, the court directed the Clerk to designate The President and Fellows of Harvard College, Bank Street College of Education, Allina Health System as Interested Parties in the lead case and not Defendants based on the allegations of the Consolidated Class Action Complaint (ECF No. 77 (3:20-mn-02972-JMC)). In addition, the court had the Clerk delete from the lead case a Request for Decision on Motion to Dismiss Amended Complaint filed by The President and Fellows of Harvard College, which was unrelated to the Consolidated Class Action Complaint in the lead case. To help in its consideration of this case management issue, the court directs Plaintiffs' Lead Counsel, Defendant Blackbaud, Inc., Defendant Harvard, Defendant Bank Street College of Education, and Defendant Allina Health System to each file a letter to the court on the master docket detailing their preferred approach to the non-Blackbaud defendants by April 27, 2021 at 5 p.m. EST. The parties should be prepared to discuss their proposals at the third case management conference on April 30, 2021. Signed by Honorable J Michelle Childs on 4/21/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 21, 2021 Filing 80 TEXT ORDER: This matter is before the court to address the posture of these matters. The court is advised that the CM/ECF system is not constructed in a manner that will allow attorneys to spread filings to cases in which they have not yet entered an appearance. The unfortunate result of this procedure is that if a document is filed in the lead case by an attorney who has not appeared in a member case(s), counsel in the member case(s) will not receive either notice or a link to access that document. The court tried to address the complaints by attorneys in member cases that are not receiving notice and/or links to lead case filings, but every available option risks the accuracy of the docket for both the lead and member cases. Therefore, in accordance with the provisions of Case Management Order No. 5 (ECF No. 35 (3:20-mn-02972-JMC)), the court AMENDS the duties of Plaintiffs' Liaison Counsel and requires Plaintiffs' Liaison Counsel to communicate/provide notice to all Plaintiffs' counsel when a document is filed in the lead case. After receiving said notice, Plaintiffs' counsel in the member cases should access the documents at the document depository already established by Plaintiffs' Liaison Counsel. The court will continue to spread any documents it files which are applicable to all actions. Signed by Honorable J Michelle Childs on 4/21/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 20, 2021 Filing 79 DELETION OF DOCKET ENTRY NUMBER 75 Reason: document filed as a motion/request for decision on Amended motion to dismiss only applicable to member case. Clerk was instructed to delete from the lead case. (asni, )
April 16, 2021 Filing 78 CASE MANAGEMENT ORDER NO. 7C (LITIGATION SEQUENCING). This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/16/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 16, 2021 Filing 77 Consolidated Class Action COMPLAINT (redacted) against Blackbaud Inc, filed by Plaintiff's Lead Counsel Service due by 7/15/2021. (Attachments: #1 Exhibit A)Associated Cases: 3:20-mn-02972-JMC(asni, ) refiled by the clerk to file in all cases.
April 16, 2021 Filing 76 Sealed Document. (Attachments: #1 Exhibit A)Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon)
April 15, 2021 Filing 74 TEXT ORDER: This matter is before the court pursuant to Plaintiffs' Motion to Seal the Consolidated Class Action Complaint ("CCAC") (ECF No. 66). The CCAC references the "Blackbaud Incident Report Technical Report" ("Incident Report"), a report that details the configuration of Defendant Blackbaud, Inc.'s ("Defendant") information security systems and was designated as "Confidential Trial Counsel Only" under the Stipulated Confidentiality Order (ECF No. 63). (ECF No. 66-1 at 1-2.) Specifically, the CCAC contains information from the Incident Report describing the amount of data potentially exfiltrated from Defendant's systems during a ransomware attack in 2020 ("Ransomware Attack"), the structure of Defendant's information security systems, information security tools employed by Defendant, and methods used to execute the Ransomware Attack (collectively, "Security Sensitive Information"). (ECF No. 70-1.) Since public disclosure of the Security Sensitive Information would better position a threat actor to attack Defendant's security infrastructure, both Plaintiffs and Defendant ask the court to permit Plaintiffs to file the unredacted CCAC under seal and a redacted version of the CCAC on the public docket with redactions agreed to by both parties. (ECF Nos. 66-1 at 5; 70 at 12.) To seal a document, a party must: (1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting alternatives. Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). Upon review, the court observes that Plaintiffs' Motion to Seal was filed on the public docket on April 2, 2021, thereby providing the public with adequate notice and opportunity to object to the Motion. The court further observes that filing the unredacted CCAC under seal and a redacted version on the public docket will maintain the confidentiality of the Security Sensitive Information while facilitating public access to the document. Given the nature of the Security Sensitive Information, a threat actor could use it to calibrate strategies to attempt to infiltrate Defendant's systems, emboldening threat actors to attempt further attacks on Defendant's systems. (ECF No. 70-2 at 3.) Recognizing that disclosure of information concerning Defendant's security systems could severely harm Defendant and its customers, the court expressly agreed to help the parties maintain the confidentiality of Defendant's security information when it approved the Stipulated Confidentiality Order. The Stipulated Confidentiality Order allows the parties to use the designation "Confidential Trial Counsel Only" for a "subset of extremely sensitive 'Confidential Information,' such as corporate network security details and other security information and requires that information designated "Confidential Trial Counsel Only" be filed under seal. (ECF No. 63 at 2, 13.) Furthermore, the court finds that the redactions requested by the parties are as narrowly tailored as possible. The parties only ask to redact four of the 1,815 paragraphs in the CCAC. (ECF No. 70 at 10.) After reviewing the unredacted CCAC and the parties' proposed redactions, the court finds that the proposed redactions only apply to information that would pose a substantial risk of serious harm to Defendant and its customers if disclosed. Accordingly, the court GRANTS Plaintiffs' Motion to Seal the CCAC (ECF No. 66). It directs Plaintiffs to file the unredacted CCAC under seal and a redacted version of the CCAC on the public docket. The Order relates to all actions. Signed by Honorable J Michelle Childs on 4/15/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 14, 2021 Filing 73 NOTICE of Appearance by Lindsay C Harrison on behalf of The President and Fellows of Harvard College, The President and Fellows of Harvard College Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC(Harrison, Lindsay)
April 14, 2021 Filing 71 NOTICE of Appearance by Kate T Spelman on behalf of The President and Fellows of Harvard College, The President and Fellows of Harvard College Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC(Spelman, Kate)
April 13, 2021 Filing 72 RESPONSE in Support re (46 in 3:21-cv-00419-JMC, 50 in 3:20-cv-04513-JMC, 52 in 3:20-cv-04511-JMC, 48 in 3:20-cv-04380-JMC, 48 in 3:20-cv-04516-JMC, 35 in 3:21-cv-00431-JMC, 50 in 3:21-cv-00012-JMC, 50 in 3:20-cv-03658-JMC, 71 in 3:20-cv-04357-JMC, 44 in 3:20-cv-04042-JMC, 53 in 3:20-cv-04512-JMC, 66 in 3:20-mn-02972-JMC, 62 in 3:21-cv-00948-JMC, 48 in 3:20-cv-04514-JMC, 56 in 3:20-cv-02930-JMC, 52 in 3:20-cv-04382-JMC, 42 in 3:21-cv-00053-JMC, 47 in 3:21-cv-00003-JMC, 41 in 3:21-cv-00054-JMC, 52 in 3:20-cv-03534-JMC, 44 in 3:20-cv-04393-JMC, 46 in 3:21-cv-00034-JMC, 43 in 3:21-cv-00145-JMC, 65 in 3:20-cv-04358-JMC, 54 in 3:20-cv-03286-JMC, 51 in 3:20-cv-04510-JMC) MOTION to Seal Response filed by Blackbaud Inc, Blackbaud Inc, Blackbaud Inc, Blackbaud. (Attachments: #1 Exhibit A, #2 Declaration of Friedberg)Associated Cases: 3:20-mn-02972-JMC et al.(asni, ) refiled by the clerk to include attached exhibits.
April 9, 2021 Opinion or Order Filing 69 ORDER APPOINTING MEDIATOR. This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/9/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 8, 2021 Filing 68 CASE MANAGEMENT ORDER NO. 7B (PLAINTIFFS' DEFENDANT FACT SHEET). This Order relates to all actions. Signed by Honorable J Michelle Childs on 4/7/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
April 7, 2021 Filing 67 NOTICE of Appearance by Thomas A Zimmerman, Jr on behalf of Daniel Cohen (Attachments: #1 Certificate of Service)Associated Cases: 3:20-mn-02972-JMC, 3:21-cv-00948-JMC(Zimmerman, Thomas)
April 2, 2021 Filing 66 MOTION to Seal by Plaintiffs' Lead Counsel. Response to Motion due by 4/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A, #3 Certificate of Service)No proposed order.Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon)
March 30, 2021 Filing 65 MDL TRANSFER ORDER Received from the Multi-District Litigation Panel. (asni, )
March 30, 2021 Filing 64 TEXT ORDER: After the second case management conference, the court asked the parties to email a letter to the court detailing their preferred sequence of discovery and motions by March 26, 2021. (ECF No. 53 at 3.) Both parties submitted letters because they were unable to reach an agreement on sequencing. In their letter, Plaintiffs asked the court to allow the parties to submit updated proposals on April 9, 2021, contending that the parties' discussions about sequencing will be more productive after Plaintiffs file their Consolidated Class Action Complaint on April 2, 2021. As the court encourages the parties' collaborative efforts to reach an agreement on the sequence of discovery and motions in this litigation, the court will accept updated proposals from the parties. The parties shall email their updated proposals to childs_ecf@scd.uscourts.gov by April 9, 2021 at 5:00 pm EST. After the court reviews the parties' updated proposals, it will enter a case management order specifying how the litigation will proceed. Signed by Honorable J Michelle Childs on 3/30/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 29, 2021 Filing 63 STIPULATED CONFIDENTIALITY ORDER. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/29/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 26, 2021 Filing 62 TEXT ORDER: This matter is before the court to address the production of the forensic report referenced in Case Management Order No. 7A. Because the parties have not yet submitted an agreed upon confidentiality order for its review, the court extends the deadline in Case Management Order No. 7A to 72 hours from the entry date of this Order. This Order relates to all actions. refiled by the clerk to spread to all cases. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 26, 2021 Filing 61 CASE MANAGEMENT ORDER NO. 7A (FORENSIC REPORT PRODUCTION)This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 26, 2021 Opinion or Order Filing 60 SCHEDULING ORDER PURSUANT TO CASE MANAGEMENT ORDER NO. 4 Consolidated Complaint due by 4/2/2021, Answer or Rule 12(b) Motion(s) on Jurisdiction, Standing, Forum Selection, or Other Procedural Grounds due by 5/3/2021, Plaintiffs' Opposition(s) due by 6/2/2021, Defendant's Reply due by 6/23/2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 26, 2021 Filing 59 TEXT ORDER: After reviewing the parties' proposals, the court selects the Honorable Gregory M. Sleet ("Judge Sleet") to serve as Mediator in this MDL. The parties shall submit a joint proposed order appointing Judge Sleet and detailing his duties by April 9, 2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 26, 2021 Filing 58 TEXT ORDER: After reviewing the parties' proposals, the court selects Maura R. Grossman ("Grossman") to serve as Special Master for Discovery. The parties shall submit a joint proposed order appointing Grossman and detailing her duties by April 9, 2021. Signed by Honorable J Michelle Childs on 3/26/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 25, 2021 Filing 57 NOTICE of Request for Protection from Court Appearance by Celeste Tiller Jones for June 28, 2021 - July 19, 2021 (Attachments: #1 Proposed Order)Associated Cases: 3:20-mn-02972-JMC et al.(Jones, Celeste)
March 24, 2021 Filing 56 NOTICE of Hearing: Status Conference set for 4/30/2021 10:00 AM - 12:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 24, 2021 Filing 55 TEXT ORDER: The third case management conference on April 30, 2021 will take place in Courtroom 3. As Courtroom 3 can only accommodate twenty (20) people while maintaining social distancing, Plaintiffs and Defendant will be limited to six (6) in-person representatives each. Other attorneys who would like to participate in the conference may do so via video or phone. Defense Counsel and Plaintiffs' Liaison Counsel are asked to email a list of the attorneys who would like to participate by video to childs_ecf@scd.uscourts.gov by April 20, 2021. Attorneys who would like to participate by phone will find the conference call instructions attached to the hearing notice in the main docket (3:20-mn-02972-JMC). Signed by Honorable J Michelle Childs on 3/24/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 22, 2021 Filing 53 CASE MANAGEMENT ORDER NO. 7 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 2). This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/22/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 19, 2021 Filing 52 Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 3/19/2021. Court Reporter Theresa Johnson. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
March 15, 2021 Filing 51 STIPULATED ORDER GOVERNING PRIVILEGE LOGS. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 15, 2021 Filing 50 TEXT ORDER: In preparation for the second case management conference, the court asks Plaintiffs' Lead Counsel and Defense Lead Counsel to each propose up to five (5) candidates to serve as Special Master for Discovery and/or Settlement in this MDL. Submissions should be emailed to childs_ecf@scd.uscourts.gov by Thursday, March 18, 2021 at 12:00 pm EST, list the candidate's contact information, and indicate whether the candidate is suited to serve as Discovery Special Master, Settlement Special Master, or both. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 15, 2021 Opinion or Order Filing 49 STIPULATION AND ORDER REGARDING THE DISCOVERY OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. This Order relates to all actions. Signed by Honorable J Michelle Childs on 3/15/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 12, 2021 Filing 48 Letter from All Parties. (Attachments: #1 Exhibit Exhibit A (Confidentiality Order))(Segui, Harper)
March 12, 2021 Filing 47 NOTICE OF HEARING: The Third Status Conference is set for April 30, 2021 10:00 AM - 12:00 PM in Columbia #3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Call-in instructions and invitations for counsel who wish to appear by video conference will be provided at a later date. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 11, 2021 Filing 46 NOTICE of Voluntary Dismissal by Emily Trandem Associated Cases: 3:20-mn-02972-JMC, 3:20-cv-03487-JMC(Ulmer, Frank)
March 11, 2021 Filing 45 NOTICE of Voluntary Dismissal by Matthew Johnson Associated Cases: 3:20-mn-02972-JMC, 3:20-cv-03181-JMC(Ulmer, Frank)
March 10, 2021 Filing 44 STIPULATED ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS. This Order relates to all actions Signed by Honorable J Michelle Childs on 3/10/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 9, 2021 Filing 43 TEXT ORDER: Case Management Order No. 4 (ECF No. 23) requires the parties to submit their proposed Confidentiality Order, Initial ESI Protocol, Discovery Protocol, Document Production Formats, and Privilege Log Stipulation (collectively, "Proposed Governance Documents") to the court by March 9, 2021. This matter is before the court on the joint request of the parties to extend the deadline for submitting the Proposed Governance Documents to March 12, 2021. The court GRANTS the request and extends the deadline for submitting the Proposed Governance Documents to March 12, 2021. Signed by Honorable J Michelle Childs on 3/9/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
March 5, 2021 Filing 42 CASE MANAGEMENT ORDER NO. 6 (PROTOCOL FOR COMMON BENEFIT WORK AND EXPENSES) Signed by Honorable J Michelle Childs on 3/5/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 25, 2021 Filing 41 TEXT ORDER granting #40 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 2/25/2021.(asni, )
February 25, 2021 Filing 40 MOTION to Appear Pro Hac Vice by Cindy Dawn Hanson ( Filing fee $ 350 receipt number 0420-9673044) by Blackbaud Inc, In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972. Response to Motion due by 3/11/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Jones, Celeste)
February 25, 2021 Filing 39 TEXT ORDER granting #38 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 2/25/2021.(asni, )
February 25, 2021 Filing 38 MOTION to Appear Pro Hac Vice by Timothy J. St. George ( Filing fee $ 350 receipt number 0420-9672212) by Blackbaud Inc. Response to Motion due by 3/11/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Admission, #2 Proposed Order)No proposed order.(Jones, Celeste)
February 22, 2021 Filing 37 NOTICE of Hearing: Status Conference set for 3/19/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 22, 2021 Filing 36 TEXT ORDER: The second case management conference on March 19, 2021 will take place in Courtroom 3 instead of Courtroom 1. As Courtroom 3 can only accommodate twenty (20) people while maintaining social distancing, Plaintiffs and Defendants will be limited to six (6) in-person representatives each. Other attorneys who would like to participate in the conference may do so via video or phone. Defense counsel and Plaintiffs' Liaison Counsel are asked to email a list of the attorneys who would like to participate by video to childs_ecf@scd.uscourts.gov by March 9, 2021. Attorneys who would like to participate by phone will find the conference call instructions attached to the hearing notice in the main docket (3:20-mn-02972-JMC). Signed by Honorable J Michelle Childs on 2/22/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 16, 2021 Filing 35 CASE MANAGEMENT ORDER NO. 5 (APPOINTMENT OF LEADERSHIP COUNSEL). This Order relates to all actions. Signed by Honorable J Michelle Childs on 2/16/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 10, 2021 Filing 34 MDL CONDITIONAL TRANSFER ORDER #4, Received from the Multi-District Litigation Panel. (asni, )
February 5, 2021 Filing 32 Letter from Plaintiff. (Attachments: #1 Murray Bio)(asni, ) Modified to correct document number and event type on 2/8/2021 (asni, ).
February 5, 2021 Filing 27 Letter from Plaintiff. (Attachments: #1 Exhibit 1 - Martin Bio, #2 Exhibit 2 - Morgan & Morgan Bio, #3 Exhibit 3 - Riebel Bio, #4 Exhibit 4 - Lockridge Grindal Nauen Bio, #5 Exhibit 5 - Pachman Bio, #6 Exhibit 6 - Susman Godfrey Bio, #7 Exhibit 7 - Seltzer Bio, #8 Exhibit 8 - McCulley McCluer Bio, #9 Exhibit 9 - Chart Showing Mutual Cases, #10 Exhibit 10 - Attorney Case Chart)(asni, ) Modified to correct document number and correct event on 2/8/2021 (asni, ). Modified to edit exhibit description on 2/8/2021 (asni, ).
February 5, 2021 Filing 33 Letter from Bryan L. Bleichner. (Attachments: #1 Exhibit A - case list, #2 Supporting Documents firm resume)(Tuck, Thomas)
February 5, 2021 Filing 31 Letter from Gayle M. Blatt Seeking Appointment to Plaintiffs' Steering Committee. (Attachments: #1 Resume)(Blatt, Gayle)
February 5, 2021 Filing 30 Letter from Kelly K. Iverson. (Attachments: #1 Exhibit A - Kelly Iverson resume, #2 Exhibit B - Carlson Lynch Firm Resume, #3 Exhibit C - Iverson Judge References, #4 Exhibit D - Iverson Case Load with Status and Time, #5 Exhibit E- Iverson Example Protocols Letter)(Tuck, Thomas)
February 5, 2021 Filing 29 Letter from Howard T. Longman. (Attachments: #1 Exhibit 1 (Resume of Howard Longman), #2 Exhibit 2 (Biography of Stull, Stull & Brody))(Longman, Howard)
February 5, 2021 Filing 28 Letter from Marlon E. Kimpson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Kimpson, Marlon)
February 5, 2021 Filing 26 Letter from T. Christopher Tuck. (Attachments: #1 Supporting Documents RPWB Firm Resume)(Tuck, Thomas)
February 5, 2021 Filing 25 Letter from Blackbaud's Counsel. (Attachments: #1 Exhibit A- Bio of Ronald Raether, #2 Exhibit B - Bio of Ashley Taylor, Jr., #3 Exhibit C - Bio of David Anthony, #4 Exhibit D - Bio of Tambry Bradford, #5 Exhibit E - Bio of Angelo Stio III, #6 Exhibit F - Bio of Amy Williams, #7 Exhibit G - Bio of Cindy Hanson, #8 Exhibit H - Bio of Joshua Davey, #9 Exhibit I - Bio of Timothy St. George, #10 Exhibit J - Bio of Celeste Jones, #11 Exhibit K - Bio of J. Rutledge Young III)Associated Cases: 3:20-mn-02972-JMC et al.(Jones, Celeste)
February 5, 2021 Filing 24 Letter from Douglas J. McNamara Seeking Appointment to Plaintiffs' Steering Committee. (Attachments: #1 Resume)(McNamara, Douglas)
February 3, 2021 Filing 23 CASE MANAGEMENT ORDER NO. 4 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 1). This Order relates to all actions. Signed by Honorable J Michelle Childs on 2/3/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
February 1, 2021 Filing 22 TEXT ORDER: The court asks Plaintiffs' Attorneys interested in appointment as Lead Counsel, Liaison Counsel, or Plaintiffs' Steering Committee Member to email childs_ecf@scd.uscourts.gov to arrange an interview. Applications are still due on February 5, 2021 but the court would like to start scheduling interviews. Interviews will be conducted via Webex and will run for forty-five (45) minutes. The court asks those applying as part of a slate to submit one (1) interview inquiry as the court would like to interview the proposed slate at the same time. This Order applies to all actions. Signed by Honorable J Michelle Childs on 2/1/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 31, 2021 Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Initial Case Management Conference held on January 29, 2021, before Judge J. Michelle Childs. Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/E-mail Kathleen_Richardson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/22/2021. Redacted Transcript Deadline set for 3/3/2021. Release of Transcript Restriction set for 5/3/2021. (kari, )
January 29, 2021 Filing 20 Minute Entry. Proceedings held before Honorable J Michelle Childs: Case Management Conference held on 1/29/2021. Order forthcoming. Court Reporter Kathleen Richardon. Associated Cases: 3:20-mn-02972-JMC et al.(kbos)
January 25, 2021 Filing 19 NOTICE of Appearance by Celeste Tiller Jones on behalf of Blackbaud Inc (Jones, Celeste)
January 20, 2021 Filing 18 TEXT ORDER: Case Management Order 1 provides that Counsel are expected to submit a List of Affiliated Companies and Counsel, List of Related Actions, and Status Letter to the court by January 25, 2021. (ECF No. 12 at 6-7.) Counsel are advised that they may submit these documents jointly (i.e. with attorneys in other member actions) or individually (i.e. on their own behalf). This Order applies to all actions. Signed by Honorable J Michelle Childs on 1/20/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 19, 2021 Filing 17 CASE MANAGEMENT ORDER NO. 3 (DIRECT FILING OF TAG-ALONG ACTIONS) Signed by Honorable J Michelle Childs on 1/19/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 13, 2021 Filing 16 NOTICE of Hearing: Second Status Conference set for 3/19/2021 10:00 AM - 12:00 PM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) Modified to edit text on 1/13/2021 (asni, ).
January 11, 2021 Filing 15 NOTICE OF RESCHEDULED HEARING Status Conference set for 1/29/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs cancelled and rescheduled to: Status Conference set for 1/29/2021 10:00 AM in Columbia #1, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. ***PLEASE NOTE THIS IS A COURTROOM LOCATION CHANGE ONLY***Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted on the date referenced in the order.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 8, 2021 Filing 14 CASE MANAGEMENT ORDER NO. 2 (ORGANIZATIONAL STRUCTURE AND APPOINTMENT OF COUNSEL LEADERSHIP). This Order relates to all actions. Signed by Honorable J Michelle Childs on 1/8/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 8, 2021 Filing 13 NOTICE of Hearing: Status Conference set for 1/29/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Please see attached call-in instructions for counsel planning to participate by telephone. An invitation for counsel who wish to appear by video conference will be conducted on the date referenced in the order once necessary information is received. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 8, 2021 Filing 12 CASE MANAGEMENT ORDER NO. 1 (PROCEDURES AND INITIAL CMC). This Order relates to all actions. Signed by Honorable J Michelle Childs on 1/8/2021. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 7, 2021 Filing 11 TEXT ORDER : This matter is before the court on Defendant Blackbaud, Inc.'s ("Defendant") Motion to Stay (ECF No. 8). In accordance with the court's December 18, 2020 Order staying all discovery and motion practice, the court GRANTS Defendant's Motion to Stay (Id.). All deadlines in the member cases are stayed until the court issues a scheduling order. Signed by Honorable J Michelle Childs on 1/7/2021.Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
January 7, 2021 Filing 10 MDL CONDITIONAL TRANSFER ORDER #2, Received from the Multi-District Litigation Panel. (asni, )
January 7, 2021 Filing 9 MDL CONDITIONAL TRANSFER ORDER #3, Received from the Multi-District Litigation Panel. (asni, ) Modified to add PDF document on 1/7/2021 (asni, ).
January 5, 2021 Filing 8 MOTION to Stay Deadlines in The Transferred Matters by Blackbaud Inc, Blackbaud Inc, Blackbaud. Response to Motion due by 1/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order, #2 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 3:20-mn-02972-JMC et al.(Young, J)
December 28, 2020 Filing 7 MDL CONDITIONAL TRANSFER ORDER #1, Received from the Multi-District Litigation Panel. (asni, )
December 28, 2020 Filing 6 TEXT ORDER: This matter is before the court to address the posture of cases related to In Re: Blackbaud Inc., Customer Data Security Breach Litigation, MDL 2972, No. 3:20-mn-02972-JMC ("Blackbaud MDL"). The court observes that cases in and/or related to the Blackbaud MDL are assigned to the Honorable J. Michelle Childs. Judge Childs generally holds court in Columbia, South Carolina. The court further observes that the Local Rules in the United States District Court for the District of South Carolina expressly allow for "[a]ny case [to] be transferred for case management or trial from one division to another division... sua sponte by the court." Local Civ. Rule 3.01(C) (D.S.C.) Therefore, in accordance with Local Civil Rule 3.01(C), the court directs the Clerk of Court to assign/reassign to the Columbia Division all cases in and/or related to the Blackbaud MDL filed within the District of South Carolina Signed by Honorable J Michelle Childs on 12/28/2020. (asni, )
December 18, 2020 Filing 5 NOTICE of Hearing: Status Conference set for 1/29/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. Associated Cases: 3:20-mn-02972-JMC et al. This hearing will be conducted by telephone. Plaintiff's counsel shall initiate the call and have all parties on the line prior to contacting the court at 803-765-6475.(asni, )
December 18, 2020 Opinion or Order Filing 4 ORDER Setting Initial Case Management Conference and Staying Discovery and Motion Practice. Signed by Honorable J Michelle Childs on 12/18/2020. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )
December 17, 2020 Opinion or Order Filing 3 ORDER granting (2) Motion to Stay in case 3:20-mn-02972-JMC; granting (32) Motion to Stay in case 3:20-cv-04357-JMC; granting (23) Motion to Stay in case 3:20-cv-04358-JMC Signed by Honorable J Michelle Childs on 12/17/2020.Associated Cases: 3:20-mn-02972-JMC, 3:20-cv-04357-JMC, 3:20-cv-04358-JMC(asni, )
December 16, 2020 Filing 2 MOTION to Stay Deadlines in the California Matters by Blackbaud Inc. Response to Motion due by 1/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 3:20-mn-02972-JMC, 3:20-cv-04357-JMC, 3:20-cv-04358-JMC(Young, J) Modified to correct filing date on 12/17/2020 (asni, ).
December 15, 2020 Filing 1 INITIAL TRANSFER ORDER Received from the Multi-District Litigation Panel. (asni, )

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Search for this case: In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972
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Defendant: Blackbaud Inc
Represented By: J Rutledge Young, III
Represented By: Amy Pritchard Williams
Represented By: Angelo Anthony Stio, III
Represented By: Ashley L Taylor, Jr
Represented By: Celeste Tiller Jones
Represented By: Cindy D Hanson
Represented By: David Neal Anthony
Represented By: James Keith Gilliam
Represented By: Joshua D Davey
Represented By: Ronald Irvin Raether, Jr.
Represented By: Tambry L Bradford
Represented By: Timothy J St George
Represented By: Harrison Scott Kelly
Represented By: Jessica R Lohr
Represented By: Melissa Anne Chuderewicz
Represented By: Syed Mohsin Reza
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Plaintiff: Plaintiff
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Plaintiff: Plaintiffs' Lead Counsel
Represented By: Amy E Keller
Represented By: Harper Todd Segui
Represented By: Krysta Kauble Pachman
Represented By: Marlon E Kimpson
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Plaintiff: Plaintiffs' Liaison Counsel
Represented By: Frank Burton Ulmer
Represented By: Catherine H McElveen
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Plaintiff: Plaintiffs' Steering Committee
Represented By: Desiree Cummings
Represented By: Douglas J McNamara
Represented By: Gretchen Freeman Cappio
Represented By: Howard Theodore Longman
Represented By: Kelly K Iverson
Represented By: Melissa R. Emert
Represented By: Melissa S Weiner
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In re: In Re Blackbaud Inc Customer Data Security Breach Litigation MDL 2972
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Special master: Maura Grossman
Represented By: Maura R Grossman
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Special master: Special Master Acct Maura R Grossman
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Interested party: The President and Fellows of Harvard College
Represented By: Lindsay C Harrison
Represented By: Nicholas C Larson
Represented By: Kate T Spelman
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Interested party: Bank Street College of Education
Represented By: Donald Guthrie
Represented By: Jessica Lorraine Copeland
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Interested party: Allina Health System
Represented By: Aram V. Desteian
Represented By: Mark R Bradford
Represented By: Jeffrey D Klobucar
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Interested party: Enloe Medical Center
Represented By: James Francis Monagle
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Interested party: Community Medical Centers
Represented By: Teresa Carey Chow
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Not classified by court: Judge Sleet
Represented By: Gregory M Sleet
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