Caruso v. AT&T Mobility LLC
| Rob Caruso |
| AT&T Mobility LLC |
| 3:2024cv02522 |
| October 7, 2024 |
| U.S. District Court for the Northern District of Texas |
| Ada Brown |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 9, 2024. A more recent docket listing may be available from PACER.
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Filing 22
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 10/9/2024) (twd)
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| Filing 21 Case electronically transferred in from District of Florida Southern; Case Number 1:24-cv-22597. 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 20 Certified Copy of TRANSFER ORDER transferring case to the Northern District of Texas re: MDL 3114 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Ada E. Brown. (Signed by Nathaniel M. Gorton, Acting Chair). (jas) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 19 Courtesy copy of TRANSFER ORDER transferring case to the Northern District of Texas re: MDL 3114 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Ada E. Brown. (Signed by Nathaniel M. Gorton, Acting Chair). (jas) [Transferred from Florida Southern on 10/7/2024.] |
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Filing 18
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. In light of developments before the Judicial Panel on Multidistrict Litigation ("JPML") pending in the United States District Court for the Northern District of Texas (MDL No. 3114), and because this case may be transferred to the U.S. District Court for the Northern District of Texas, it is ORDERED AND ADJUDGED that: 1.This case is STAYED pending a transfer decision by the JPML. 2.The Parties shall immediately file a joint status report advising the Court of the JPML's decision regarding Plaintiff's motion to vacate transfer once such decision has been made. Defendant shall still have through October 16, 2024 to respond to the complaint if the stay is lifted prior to that date. 3.This case is CLOSED for administrative purposes only, without prejudice to the substantive rights of any of the parties. Signed by Judge Kathleen M. Williams on 9/17/2024. (ssh) [Transferred from Florida Southern on 10/7/2024.]
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Filing 17
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's Motion for Extension of Answer Deadline (DE #16 ) ("Motion"). In the Motion, Defendant seeks an additional thirty (30) days to respond to Plaintiff's Complaint pending a decision to transfer to the Multidistrict Litigation court. Upon review of the Motion and the record, and for good cause shown, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall respond to Plaintiff's Complaint on or before October 16, 2024. Signed by Judge Kathleen M. Williams on 9/16/2024. (ssh) [Transferred from Florida Southern on 10/7/2024.]
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| Filing 16 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by AT&T Mobility, LLC. (Attachments: #1 Text of Proposed Order)(Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
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Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's Unopposed Motion for Extension of Answer Deadline (DE #14 ) ("Motion"). In the Motion, Defendant seeks an additional thirty (30) days to respond to Plaintiff's Complaint pending a decision to transfer to the Multidistrict Litigation court. Upon review of the Motion and the record, and for good cause shown, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall respond to Plaintiff's Complaint on or before September 16, 2024. Signed by Judge Kathleen M. Williams on 8/16/2024. (ssh) [Transferred from Florida Southern on 10/7/2024.]
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by AT&T Mobility, LLC. (Attachments: #1 Text of Proposed Order)(Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 13 REPLY to Response to Motion re #5 Plaintiff's MOTION to Remand to State Court filed by Rob Caruso. (Udell, Maury) [Transferred from Florida Southern on 10/7/2024.] |
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Motion for Extension of Time to File Reply (DE #11 ) ("Motion"). Upon review of the Motion and the record, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall file his reply by August 9, 2024. Signed by Judge Kathleen M. Williams on 8/2/2024. (ssh) [Transferred from Florida Southern on 10/7/2024.]
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| Filing 11 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #5 Plaintiff's MOTION to Remand to State Court , #8 Response in Opposition to Motion by Rob Caruso. (Attachments: #1 Exhibit 1)(Udell, Maury) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 10 Clerk's Notice to Filer re #8 Response in Opposition to Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#9]. It is not necessary to refile this document. (ls) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 9 MEMORANDUM in Opposition re #5 Plaintiff's MOTION to Remand to State Court by AT&T Mobility, LLC. (ls)(See Image at DE #8) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 8 RESPONSE in Opposition re #5 Plaintiff's MOTION to Remand to State Court filed by AT&T Mobility, LLC. Replies due by 8/2/2024. (Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
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Filing 7
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's Unopposed Motion for Extension of Answer Deadline (DE #6 ) ("Motion"). In the Motion, Defendant requests an additional thirty (30) days to respond to Plaintiff's Complaint. Upon review of the Motion and the record, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall respond to Plaintiff's Complaint by August 15, 2024. Signed by Judge Kathleen M. Williams on 7/18/2024. (ssh) [Transferred from Florida Southern on 10/7/2024.]
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| Filing 6 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint), by AT&T Mobility, LLC. Responses due by 7/29/2024. (Attachments: #1 Text of Proposed Order)(Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 5 Plaintiff's MOTION to Remand to State Court by Rob Caruso. (Attachments: #1 Exhibit 1 - Consumer Agreement)(Udell, Maury) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 4 Corporate Disclosure Statement by AT&T Mobility, LLC identifying Other Affiliate AT&T Inc., Other Affiliate SBC Long Distance LLC, Other Affiliate BellSouth Mobile Data, Inc., Other Affiliate SBC Telecom, Inc., Other Affiliate AT&T Investment & Tower Holdings, LLC, Other Affiliate AT&T Capital Services, Inc., Other Affiliate JVI General Partnership, Other Affiliate SBC Portfolio Holdings, Ltd., Other Affiliate AT&T Wireline Holdings, LLC, Other Affiliate AT&T DW Holdings, Inc., Other Affiliate AT&T Solutions Inc., Other Affiliate New Cingular Wireless Services, Inc. for AT&T Mobility, LLC (Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by AT&T Mobility, LLC (Attachments: #1 Exhibit List of Related Pending Actions) (Mercado Robles, Yameel) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24) [Transferred from Florida Southern on 10/7/2024.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 405.00 receipt number AFLSDC-17664673, filed by AT&T Mobility, LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Docket Sheet, #3 Civil Cover Sheet)(Mercado Robles, Yameel) No Answer / Motion to Dismiss filed. Modified on 7/10/2024 (ar24). [Transferred from Florida Southern on 10/7/2024.] |
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| Petitioner: Rob Caruso | |
| Represented By: | Maury Lorne Udell |
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| Respondent: AT&T Mobility LLC | |
| Represented By: | Yameel L Mercado Robles |
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