Ollerman, Kenneth v. Bone & Joint Clinic, S.C.
| Kenneth Ollerman |
| Bone & Joint Clinic, S.C. |
| 3:2023cv00189 |
| March 23, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 9
** TEXT ONLY ORDER ** This case is a proposed class action about a data breach at defendant Bone & Joint Clinic, S.C. The court previously consolidated three other proposed class actions about the same breach. See Keith Tesky v. Bone & Joint Clinic, S.C., No. 23-cv-184-jdp, Dkt. 10. Plaintiffs in all four cases jointly move to consolidate the new lawsuit with the previously consolidated case. See id. at Dkt. 12. Defendant does not oppose the motion, so it is GRANTED. Case 23-cv-287 is consolidated with case 23-cv-184 for all purposes. All future filings should be made in case No. 23-cv-184. Signed by District Judge James D. Peterson on 5/19/2023. (acd/jhm)
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| Filing 8 Unopposed Motion to Consolidate Cases by Plaintiffs Kenneth Ollerman, Keith Tesky, Mark Tessmer. (Attachments: #1 Text of Proposed Order) Associated Cases: 3:23-cv-00184-jdp, 3:23-cv-00187-jdp, 3:23-cv-00189-jdp (Strauss, Samuel). |
| Filing 7 Notice of Appearance filed by Kenneth Jay Grunfeld for Plaintiff Mark Tessmer. Associated Cases: 3:23-cv-00187-jdp, 3:23-cv-00184-jdp, 3:23-cv-00189-jdp (Grunfeld, Kenneth) |
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Filing 6
** TEXT ONLY ORDER **Plaintiffs in these three cases each seek to represent a proposed class of persons whose health information was stolen in a cyberattack directed at defendant Bone & Joint Clinic, S.C. See Keith Tesky v. Bone & Joint Clinic, S.C., No. 23-cv-184-jdp; Tessmer, No. 23-cv-187-jdp; Ollerman, No. 23-cv-189-jdp. The court denied plaintiffs' joint motion to consolidate the cases without prejudice because Bone & Joint had not yet appeared. Dkt. #5 . Bone & Joint has now appeared in all three cases. Plaintiffs have renewed their joint motion to consolidate in the '184 case and ask to file a consolidated amended complaint. Dkt. #7 . Bone & Joint does not oppose the motion, but it requests 30 days to answer the proposed consolidated complaint. Dkt. #8 . The cases share common questions of law and fact about Bone & Joint's data security practices, and each plaintiff seeks to represent a similar class. Consolidating the cases would be more efficient than trying three similar class actions against the same defendant, so the motion to consolidate is GRANTED. Cases 23-cv-184, 23-cv-187, and 23-cv-189 are consolidated for all purposes. All future filings must be made in Case No. 23-cv-184. Plaintiffs may have until May 22, 2023, to file a consolidated amended complaint. Bone & Joint's answer is due June 20, 2023. Signed by District Judge James D. Peterson on 4/21/2023. (nln)
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| Create association to 23-cv-00184-jdp, 23-cv-187-jdp and 23-cv-189-jdp. All further docketing to be done in the lead case 23-cv-184-jdp. (nln) |
| Create association to 3:23-cv-00184-jdp. All further docketing to be done in the lead case 23-cv-184-jdp. (nln) |
| Filing 5 Notice of Appearance filed by Eric L. Samore for Defendant Bone & Joint Clinic, S.C.. (Samore, Eric) |
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Filing 4
** TEXT ONLY ORDER ** Plaintiffs in these three cases each seek to represent a proposed class of persons whose health information was stolen in a cyberattack directed at defendant Bone & Joint Clinic, S.C. See Keith Tesky v. Bone & Joint Clinic, S.C., No. 23-cv-184-jdp; Mark Tessmer, No. 23-cv-187-jdp; Kenneth Ollerman, No. 23-cv-189-jdp. Each plaintiff is represented by different counsel. The plaintiffs have filed a joint motion to consolidate the cases in the '184 case. Dkt. 4 . It appears that the cases are based on the same facts, so it may be proper to consolidate them. But Bone & Joint has not appeared in any of the cases, so it has not had an opportunity to be heard on the issue. The court will deny plaintiffs' motion without prejudice to renewing it after Bone & Joint has appeared in the case. Signed by District Judge James D. Peterson on 4/11/2023. (jls)
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| Filing 3 Waiver of Service Returned Executed by Defendant Bone & Joint Clinic, S.C.. Bone & Joint Clinic, S.C. waiver sent on 4/11/2023, answer due 6/12/2023. (Strauss, Samuel) |
| Filing 2 Summons Issued as to Bone & Joint Clinic, S.C. (lak) |
| Case directly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Related cases 23-184 and 23-187. (lak) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 1 COMPLAINT - Class Action against Bone & Joint Clinic, S.C.. ( Filing fee $ 402 receipt number AWIWDC-3218052.), filed by Kenneth Ollerman. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Strauss, Samuel) |
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| Plaintiff: Kenneth Ollerman | |
| Represented By: | Samuel J. Strauss |
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| Defendant: Bone & Joint Clinic, S.C. | |
| Represented By: | Eric L. Samore |
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