Scott et al v. Union Bank and Trust Company
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12436 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Property Damage |
| Case Filed: | Oct 19, 2023 |
| Case in other court: | Nebraska, 4:23-cv-03126 |
| Last checked: Tuesday Apr 16, 2024 4:36 AM EDT |
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Defendant
Union Bank and Trust Company
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Represented By
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Plaintiff
Paul F. Bender
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Represented By
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Plaintiff
Bonnie Scott
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Represented By
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Plaintiff
Jeffrey Scott
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Represented By
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GPO
Jul 17 2023
ORDER - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL) |
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GPO
Jul 25 2023
ORDER FOR CONSOLIDATION AND APPOINTMENT OF CO-LEAD CLASS COUNSEL - IT IS ORDERED: The plaintiffs' Motion to Consolidate Related Actions and Appoint Interim Co-Lead Class Counsel (Filing No. 6 in Case No. 4:23CV3126) is granted. The above-captioned cases are consolidated for all purposes. The Court designates Case No. 4:23CV3126 as the "Lead Case" and Case No. 8:23CV298 as a "Member Case." The Courts CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except as described below in subsections a. and b. of this paragraph) in the Lead Case, 4:23CV3126, Scott et al v. Union Bank and Trust Company, and to select the option "yes" in response to the System's question whether to spread the text. The plaintiffs shall file a Consolidated Amended Complaint in the Lead Case on or before September 7, 2023. Once the plaintiffs file a Consolidated Amended Complaint in the Lead Case, the Clerk of Court is directed to administratively close the Member Case. Mason Barney, Siri & Glimstad, LLP; David Almeida, Almeida Law Group LLC; and Tyler Hudson, Wagstaff & Cartmell, LLP; are appointed as Interim Co-Lead Class Counsel. Ordered by Magistrate Judge Michael D. Nelson. (TCL) |
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GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing)Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 20 (Home-State Exception to the Class Action Fairness Act) Associated Cases: 1:23-md-03083-ADB, 1:23-cv-12436-ADB, 1:23-cv-12438-ADB, 1:23-cv-12922-ADB, 1:23-cv-13072-ADB, 1:23-cv-13231-ADB and 1:24-cv-10035-ADB (McManus, Caetlin) |
| Docket last updated: 02/19/2025 11:59 PM EST |
| Monday, December 16, 2024 | ||
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cmp
Amended Complaint
Mon 12/16 3:27 PM
AMENDED COMPLAINT Amended Class Action Complaint [Leave to file granted on December 12, 2024] against Union Bank and Trust Company, Progress Software Corporation, filed by Jeffrey Scott, Bonnie Scott, Paul F. Bender.(Johnson, Kristen) |
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| Thursday, December 12, 2024 | ||
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order
Order ~Util - Terminate Motions
Thu 12/12 11:04 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 20 (Home-State Exception to the Class Action Fairness Act) Associated Cases: 1:23-md-03083-ADB, 1:23-cv-12436-ADB, 1:23-cv-12438-ADB, 1:23-cv-12922-ADB, 1:23-cv-13072-ADB, 1:23-cv-13231-ADB and 1:24-cv-10035-ADB (McManus, Caetlin) |
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38
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order
Order ~Util - Terminate Motions
Thu 12/12 10:52 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, November 06, 2024 | ||
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order
Order
Wed 11/06 6:19 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 18 (CAC and Rule 12 Scheduling and Structure Proposals) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Tuesday, September 03, 2024 | ||
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notice
Notice of Appearance
Tue 09/03 5:04 PM
NOTICE of Appearance by Jordan S. O'Donnell on behalf of Union Bank and Trust Company (O'Donnell, Jordan) |
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| Thursday, November 30, 2023 | ||
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notice
Notice - Other
Thu 11/30 9:50 AM
ELECTRONIC NOTICE: Remote access to today’s hearing will be made available to the media and public for viewing purposes only . In order to gain access to the hearing, you must sign up at the following address:[LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact [LINK:media@mad.uscourts.gov] . Status Conference set for 11/30/2023 02:00 PM in Courtroom 17 (In person only with remote viewing available) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Monday, October 30, 2023 | ||
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order
Order
Mon 10/30 3:53 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) Associated Cases: 1:23-md-03083-ADB et al. (McManus, Caetlin) |
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| Thursday, October 19, 2023 | ||
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notice
Notice re: MDL Case Transferred
Thu 10/19 5:44 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Nebraska case number 4:23-cv-03126 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12436. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083. (Belpedio, Lisa) |
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notice
Notice of Case Assignment
Thu 10/19 5:43 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa) |
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transfer
Case Transferred In - District Transfer
Thu 10/19 5:40 PM
Case transferred in from District of Nebraska; Case Number 4:23-cv-03126. |
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| Tuesday, October 17, 2023 | ||
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CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER. Case is transferred to USDC-District of Massachusetts, Docket No. 3083.(TCL)
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| Case transferred to District of USDC-District of Massachusetts. Original electronic file sent. (TCL) | ||
| Monday, October 16, 2023 | ||
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COPY OF CONDITIONAL TRANSFER ORDER from the Multidistrict Litigation Panel. Clerk to wait for certified copy of order to transfer the file to USDC-District of Massachusetts, Docket No. 3083. (TCL) Modified on 10/17/2023 to add district to text(TCL).
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| Wednesday, September 27, 2023 | ||
| 20 | 20 TEXT ORDER granting Motion for Admission Pro Hac Vice19 for attorney James Monagle. Ordered by Deputy Clerk. (LKO) | |
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MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4946829 by Attorney James Monagle on behalf of Defendant Union Bank and Trust Company.(Monagle, James)
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| Tuesday, September 19, 2023 | ||
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ORDER - IT IS ORDERED: Defendant's Motion to Temporarily Stay Proceedings Pending JPML Hearing on Motion for Consolidation (Filing No.13 ) is granted. All deadlines in this case, including Defendant's responsive pleading deadline to the Amended Complaint, are stayed pending further order of the Court. Within 14-days after the JPML enters its initial order on the motion for consolidation in IN RE: MOVEit Customer Data Security Breach Litigation, No. 3083, the parties shall meet and confer and provide the Court with a joint status report providing the Court with either an agreed proposal, or, their respective positions if they do not agree, on the appropriateness or scope of a stay beyond the initial period requested by Defendant.Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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| Monday, September 11, 2023 | ||
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RESPONSE regarding MOTION to Stay Pending Outcome of JPML Hearing on Motion for Consolidation 13 by Attorney Eric D Barton on behalf of Plaintiffs Paul F. Bender, Bonnie Scott, Jeffrey Scott.(Barton, Eric)
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| Thursday, September 07, 2023 | ||
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AMENDED COMPLAINT with with jury demand Consolidated Class Action Complaint against Defendant Union Bank and Trust Company, by Attorney Tyler W. Hudson on behalf of Bonnie Scott, Jeffrey Scott, Paul F. Bender(Hudson, Tyler)
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| Thursday, August 31, 2023 | ||
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INDEX in support of MOTION to Stay Pending Outcome of JPML Hearing on Motion for Consolidation (13 in 4:23-cv-03126-JMG-MDN, 12 in 8:23-cv-00298-JMG-MDN), Brief, (14 in 4:23-cv-03126-JMG-MDN, 13 in 8:23-cv-00298-JMG-MDN) by Attorney Charles F. Kaplan on behalf of Defendant Union Bank and Trust Company.Member Cases: 4:23-cv-03126-JMG-MDN, 8:23-cv-00298-JMG-MDN(Kaplan, Charles)
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Att: 1
Exhibit A - Declaration of James F. Monagle
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BRIEF in support of MOTION to Stay Pending Outcome of JPML Hearing on Motion for Consolidation (13 in 4:23-cv-03126-JMG-MDN, 12 in 8:23-cv-00298-JMG-MDN) by Attorney Charles F. Kaplan on behalf of Defendant Union Bank and Trust Company.Member Cases: 4:23-cv-03126-JMG-MDN, 8:23-cv-00298-JMG-MDN(Kaplan, Charles)
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MOTION to Stay Pending Outcome of JPML Hearing on Motion for Consolidation by Attorney Charles F. Kaplan on behalf of Defendant Union Bank and Trust Company.Member Cases: 4:23-cv-03126-JMG-MDN, 8:23-cv-00298-JMG-MDN(Kaplan, Charles)
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| Wednesday, July 26, 2023 | ||
| 12 | 12 TEXT ORDER granting Motion for Admission Pro Hac Vice10 for attorney Tyler J. Bean. Ordered by Deputy Clerk. (LKO) | |
| Tuesday, July 25, 2023 | ||
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ORDER FOR CONSOLIDATION AND APPOINTMENT OF CO-LEAD CLASS COUNSEL - IT IS ORDERED: The plaintiffs' Motion to Consolidate Related Actions and Appoint Interim Co-Lead Class Counsel (Filing No. 6 in Case No. 4:23CV3126) is granted. The above-captioned cases are consolidated for all purposes. The Court designates Case No. 4:23CV3126 as the "Lead Case" and Case No. 8:23CV298 as a "Member Case." The Courts CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except as described below in subsections a. and b. of this paragraph) in the Lead Case, 4:23CV3126, Scott et al v. Union Bank and Trust Company, and to select the option "yes" in response to the System's question whether to spread the text. The plaintiffs shall file a Consolidated Amended Complaint in the Lead Case on or before September 7, 2023. Once the plaintiffs file a Consolidated Amended Complaint in the Lead Case, the Clerk of Court is directed to administratively close the Member Case. Mason Barney, Siri & Glimstad, LLP; David Almeida, Almeida Law Group LLC; and Tyler Hudson, Wagstaff & Cartmell, LLP; are appointed as Interim Co-Lead Class Counsel. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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| Monday, July 24, 2023 | ||
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MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4906221 by Attorney Tyler J. Bean on behalf of Plaintiffs Bonnie Scott, Jeffrey Scott.(Bean, Tyler)
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| Monday, July 17, 2023 | ||
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REASSIGNMENT ORDER - In the interest of judicial economy, this case is reassigned to Senior District Judge John M. Gerrard for disposition and assigned to Magistrate Michael D. Nelson for judicial supervision. IT IS SO ORDERED. Ordered by Chief Judge Robert F. Rossiter, Jr. (TCL)
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ORDER - This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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SUMMONS Returned Executed upon defendant Union Bank and Trust Company on 7/13/2023. (Barney, Mason)
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| Friday, July 14, 2023 | ||
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MOTION to Consolidate Case(s) 8:23-cv-00298 , MOTION to Appoint Counsel by Attorney Mason A. Barney on behalf of Plaintiffs Bonnie Scott, Jeffrey Scott.(Barney, Mason)
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Att: 1
Exhibit A - Siri & Glimstad LLP Resume,
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Att: 2
Exhibit B - Almeida Law Group LLC Resume,
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Att: 3
Exhibit C - Wagstaff & Cartmell LLC Resume,
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Att: 4
Text of Proposed Order
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| Tuesday, July 11, 2023 | ||
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Summons Issued as to defendant Union Bank and Trust Company. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JES)
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ATTORNEY LETTER by Clerk that Attorney Tyler Bean has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JES)
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| 3 | 3 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) | |
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Summons Requested as to Union Bank and Trust Company regarding Complaint,1 . (Barney, Mason)
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COMPLAINT with jury demand against Union Bank and Trust Company ( Filing fee $ 402, receipt number ANEDC-4898051), by Attorney Mason A. Barney on behalf of Bonnie Scott, Jeffrey Scott(Barney, Mason)
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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