Kinchen et al v. AT&T Mobility LLC et al
| James Kinchen and Mildred Kinchen |
| AT&T Mobility LLC and AT&T Inc |
| 3:2024cv01463 |
| June 14, 2024 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ELECTRONIC ORDER: On April 22, 2024, the Court consolidated numerous cases into the Petroski Action (3:24-cv-0757-E) and re-captioned the case to In Re: AT&T Data Breach Litigation. On June 5, 2024, the United States Judicial Panel on Multidistrict Litigation, created the IN RE: AT&T CUSTOMER DATA SECURITY BREACH LITIGATION in MDL No. 3114. Under 28 U.S.C. 1407, the litigation was centralized in the Northern District of Texas, and the case was assigned to Honorable U.S. District Judge Ada E. Brown for coordinated or consolidated pretrial proceedings. The case was assigned number 3:24-md-3114-E in the Northern District of Texas. Since the creation of MDL No. 3114, there have been numerous cases directly filed in the Northern District of Texas, and tag-a-long cases (cases filed in other U.S. District Courts), transferred to the MDL in the Northern District of Texas by way of a Finalized Conditional Transfer Order. Because these cases are putative class actions, the Court believes that consolidation is appropriate, and therefore, all cases filed directly in the Northern District of Texas and tag-a-long cases are hereby consolidated into 3:24-cv-0757-E, for consolidated pretrial proceedings. Upon entry of this Order in each case, the Clerk is DIRECTED to close the remaining related Direct filed and Tag-A-Long cases. Further docketing should be in lead case 3:24-cv-00757. (Ordered by Judge Ada Brown on 6/26/2024) (twd)
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| Filing 24 Case electronically transferred in from District of California Northern; Case Number 3:24-cv-02451. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 23 CONDITIONAL TRANSFER ORDER (CTO-1). Case transferred to Northern District of Texas re MDL 3114 In Re: AT&T Inc. Customer Data Security Breach Litigation. Signed by MDL Panel on 6/14/2024. (ecg, COURT STAFF) (Filed on 6/14/2024) [Transferred from California Northern on 6/14/2024.] |
| Remark: IT notified of transfer (ecg, COURT STAFF) (Filed on 6/14/2024) [Transferred from California Northern on 6/14/2024.] |
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Filing 22
Order by Judge Araceli Martinez-Olguin granting #21 Renewed Unopposed Motion to Stay.(amolc1, COURTSTAFF) (Filed on 5/17/2024) [Transferred from California Northern on 6/14/2024.]
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| Filing 21 Renewed Unopposed Motion to Stay Responsive Pleading Deadline Pending Consolidation Decision filed by AT&T Inc., AT&T Mobility LLC. Motion Hearing set for 6/27/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 5/31/2024. Replies due by 6/7/2024. (Attachments: #1 Proposed Order Proposed Order)(Cutts, Kyle) (Filed on 5/17/2024) Modified on 5/17/2024 (cjl, COURT STAFF). [Transferred from California Northern on 6/14/2024.] |
| Filing 20 Notice of Withdrawal of Motion (Cutts, Kyle) (Filed on 5/15/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 19 DEFENDANTS AT&T MOBILITY LLC and AT&T INC.S UNOPPOSED MOTION TO STAY RESPONSIVE PLEADING DEADLINE PENDING CONSOLIDATION DECISION filed by AT&T Inc., AT&T Mobility LLC. Motion Hearing set for 6/20/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 5/28/2024. Replies due by 6/4/2024. (Attachments: #1 Proposed Order)(Cutts, Kyle) (Filed on 5/14/2024) Modified on 5/14/2024 (cjl, COURT STAFF). [Transferred from California Northern on 6/14/2024.] |
| Filing 18 Certificate of Interested Parties and Corporate Disclosures by AT&T Inc., AT&T Mobility LLC identifying Corporate Parent AT&T Inc. for AT&T Mobility LLC. (Cutts, Kyle) (Filed on 5/14/2024) Modified on 5/14/2024 (cjl, COURT STAFF). [Transferred from California Northern on 6/14/2024.] |
| Filing 17 NOTICE of Appearance by Kyle Thomas Cutts (Cutts, Kyle) (Filed on 5/14/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 16 Clerk's Notice on Reassignment.You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Araceli Martinez-Olguin upon reassignment. For a copy of Judge Martinez-Olguin's Standing Order and other information, please refer to the Court's website at #https://www.cand.uscourts.gov/judges/martinez-olguin-araceli-amo/. Case Management Statement due by 8/22/2024 no later than 12:00 PM PST. Initial Case Management Conference set for 8/29/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 5/10/2024) [Transferred from California Northern on 6/14/2024.] |
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Filing 15
Order by Judge Araceli Martinez-Olguin granting #9 Motion for Pro Hac Vice as to Patrick T. Egan. (ads, COURT STAFF) (Filed on 5/10/2024) [Transferred from California Northern on 6/14/2024.]
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/10/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 5/10/2024) [Transferred from California Northern on 6/14/2024.]
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| Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (bxl, COURT STAFF) (Filed on 5/9/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Kinchen, Mildred Kinchen.. (Stanley, Pierce) (Filed on 5/8/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 11 SUMMONS Returned Executed by Mildred Kinchen, James Kinchen. AT&T Mobility LLC served on 4/29/2024, answer due 5/20/2024. (Moody, Kristin) (Filed on 5/8/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 10 SUMMONS Returned Executed by Mildred Kinchen, James Kinchen. AT&T Inc. served on 4/29/2024, answer due 5/20/2024. (Moody, Kristin) (Filed on 5/8/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19355564.) filed by James Kinchen, Mildred Kinchen. (Attachments: #1 Certificate of Good Standing)(Egan, Patrick) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 5/9/2024. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 7 NOTICE of Appearance by Pierce Stanley (Stanley, Pierce) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/22/2024. Initial Case Management Conference set for 7/29/2024 01:30 PM in San Francisco, - Videoconference Only. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 5 Summons Issued as to AT&T Inc., AT&T Mobility LLC. (cjl, COURT STAFF) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/9/2024. (wsm, COURT STAFF) (Filed on 4/25/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 3 Certificate of Interested Entities by James Kinchen, Mildred Kinchen (Moody, Kristin) (Filed on 4/24/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 2 Proposed Summons. (Moody, Kristin) (Filed on 4/24/2024) [Transferred from California Northern on 6/14/2024.] |
| Filing 1 COMPLAINT (with jury demand) against AT&T Inc., AT&T Mobility LLC (Filing fee $405, receipt number ACANDC-19352852). Filed by Mildred Kinchen, James Kinchen. (Attachments: #1 Civil Cover Sheet)(Moody, Kristin) (Filed on 4/24/2024) Modified on 4/25/2024 (cjl, COURT STAFF). [Transferred from California Northern on 6/14/2024.] |
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