Clayton et al v. Blackbaud Inc
| Kathleen Arman, Clifford Scott, Theresa Welsh, Angela Maher, Michele Pettiford, Sonya Garcia-Martinez, Nicole Money, Ralph Peragrine, Latricia Ford, Jason Money, Robert Watts, Jr, Joseph Frontera and Kassandre Clayton |
| Blackbaud Inc |
| 3:2021cv01058 |
| April 9, 2021 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 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, ) |
| Filing 21 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, ) |
| Filing 20 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, ) |
| Filing 19 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) |
| Filing 18 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, ) |
| Filing 17 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, ) |
| Filing 16 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, ) |
Filing 15
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, )
|
| Filing 14 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) |
|
Filing 13
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, )
|
| Filing 12 NOTICE of Appearance by Celeste Tiller Jones on behalf of Blackbaud Inc (Jones, Celeste) |
| Filing 11 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, ) |
| Filing 10 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, ) |
| Filing 9 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, ) |
| Filing 8 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, ) |
| Filing 7 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. |
| Filing 6 Sealed Document. (Attachments: #1 Exhibit A)Associated Cases: 3:20-mn-02972-JMC et al.(Kimpson, Marlon) |
| Filing 5 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, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Kathleen Arman, Kassandre Clayton, Latricia Ford, Joseph Frontera, Sonya Garcia-Martinez, Angela Maher, Jason Money, Nicole Money, Ralph Peragrine, Michele Pettiford, Clifford Scott, Robert Watts, Jr, Theresa Welsh.(asni, ) |
| Filing 2 Summons Issued as to Blackbaud Inc. (asni, ) |
| Filing 1 COMPLAINT against Blackbaud Inc ( Filing fee $ 402 receipt number 0420-9766766.), filed by Nicole Money, Latricia Ford, Angela Maher, Theresa Welsh, Sonya Garcia-Martinez, Kathleen Arman, Clifford Scott, Kassandre Clayton, Ralph Peragrine, Jason Money, Robert Watts, Jr, Michele Pettiford, Joseph Frontera. Service due by 7/8/2021(asni, ) (Main Document 1 replaced on 4/12/2021) (asni, ). Modified to replace document to include all plaintiffs in caption on 4/12/2021 (asni, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
