Smiley v. Progress Software Corporation et al
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12483 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Oct 23, 2023 |
| Case in other court: | Washington Western, 2:23-cv-01354 |
| Last checked: Saturday Apr 20, 2024 7:22 AM EDT |
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Defendant
Foresters Financial Holding Company Inc
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Defendant
Milliman Inc
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Represented By
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Defendant
Milliman Solutions, LLC
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Represented By
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Defendant
Pension Benefit Information LLC
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Represented By
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Defendant
Progress Software Corporation
15 Wayside Rd. #400
Burlington, MA 01803 |
Represented By
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Defendant
The Independent Order of Foresters
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Represented By
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Plaintiff
James Smiley
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Represented By
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GPO
Sep 27 2023
ORDER granting Defendants' 25 Joint MOTION for Extension of Time to File Answer. Defendants Foresters' and FFHC's response to the Complaint in this action is extended until forty-five days (45) following entry of the Judicial Panel on Multidistrict Litigation's final determination in IN RE MOVEit Customer Data Security Breach Litigation, MDL No. 3083. The parties shall advise the court within five (5) days of any such ruling. Signed by U.S. District Judge John C. Coughenour. (SS) |
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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) |
| Docket last updated: 02/19/2025 11:59 PM EST |
| Friday, January 17, 2025 | ||
| 46 | 46
notice
Notice of Voluntary Dismissal
Fri 01/17 2:28 PM
NOTICE of Voluntary Dismissal by James Smiley (Johnson, Kristen) |
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| Thursday, December 12, 2024 | ||
| 45 | 45
38
pgs
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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| Tuesday, December 10, 2024 | ||
| 44 | 44
notice
Notice of Appearance
Tue 12/10 2:58 PM
NOTICE of Appearance by Jeffrey Tsai on behalf of Progress Software Corporation, Ipswitch, Inc. 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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| Thursday, January 18, 2024 | ||
| 42 | 42
notice
Notice of Withdrawal of Appearance
Thu 01/18 1:02 PM
NOTICE of Withdrawal of Appearance by James Raymond Morrison (Morrison, James) |
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| Tuesday, January 16, 2024 | ||
| 41 | 41
notice
Notice of Appearance
Tue 01/16 1:21 PM
NOTICE of Appearance by Joseph M. Lyon on behalf of James Smiley (Lyon, Joseph) |
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| Monday, December 18, 2023 | ||
| 40 | 40
notice
Notice of Appearance
Mon 12/18 3:57 PM
NOTICE of Appearance by Kyle T. Cutts on behalf of The Independent Order of Foresters (Cutts, Kyle) |
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| Friday, December 08, 2023 | ||
| 39 | 39
notice
Notice of Appearance
Fri 12/08 11:51 AM
NOTICE of Appearance by Charles E. Schaffer on behalf of James Smiley (Schaffer, Charles) |
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| Thursday, November 30, 2023 | ||
| 38 | 38
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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order
Order on Motion for Extension of Time to Answer
Mon 10/30 3:34 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting35 MOTION for Extension of Time to December 15, 2023 to File Answer (Unopposed) . Progress Software Corporation answer due 12/15/2023. (Folan, Karen) |
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| Friday, October 27, 2023 | ||
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motion
Extension of Time to File Answer
Fri 10/27 4:02 PM
MOTION for Extension of Time to December 15, 2023 to File Answer (Unopposed) by Progress Software Corporation.(Forni, Eric) |
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| 34 | 34
notice
Notice of Appearance
Fri 10/27 3:56 PM
NOTICE of Appearance by Eric A. Forni on behalf of Progress Software Corporation (Forni, Eric) |
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| Thursday, October 26, 2023 | ||
| 33 | 33
order
Order on Motion for Extension of Time to File Response/Reply
Thu 10/26 9:08 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting32 MOTION for Extension of Time to December 15, 2023 to File Response/Reply as to1 Complaint. (Folan, Karen) |
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| Wednesday, October 25, 2023 | ||
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motion
Extension of Time to File Response/Reply
Wed 10/25 10:42 AM
MOTION for Extension of Time to December 15, 2023 to File Response/Reply as to1 Complaint,,3 Waiver of Service Executed Defendant Pension Benefit Information, LLC's Unopposed Motion to Extend Time to Respond to Class Action Complaint by Pension Benefit Information LLC.(O'Donnell, Jordan) |
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| 31 | 31
notice
Notice of Appearance
Wed 10/25 10:33 AM
NOTICE of Appearance by Jordan S. O'Donnell on behalf of Pension Benefit Information LLC (O'Donnell, Jordan) |
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| Monday, October 23, 2023 | ||
| 30 | 30
notice
Notice re: MDL Case Transferred
Mon 10/23 8:03 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Western District of Washington case number 2:23-cv-01354 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12483. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
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notice
Notice of Case Assignment
Mon 10/23 8:01 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
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transfer
Case Transferred In - District Transfer
Mon 10/23 7:59 PM
Case transferred in from District of Washington Western; Case Number 2:23-cv-01354. |
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| Tuesday, October 17, 2023 | ||
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transfer
MDL Transfer Order Received - Out
Mon 10/23 10:25 AM
MDL 3083 CONDITIONAL TRANSFER ORDER (CTO 1); in re MOVEit Customer Data Security Breach Litigation; transferred to District of Massachusetts; assigned to Judge Allison D. Burroughs. (SS) |
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Att: 1
Email
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| Wednesday, September 27, 2023 | ||
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ORDER granting Defendants'25 Joint MOTION for Extension of Time to File Answer. Defendants Foresters' and FFHC's response to the Complaint in this action is extended until forty-five days (45) following entry of the Judicial Panel on Multidistrict Litigation's final determination in IN RE MOVEit Customer Data Security Breach Litigation, MDL No. 3083. The parties shall advise the court within five (5) days of any such ruling. Signed by U.S. District Judge John C. Coughenour. (SS)
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| Tuesday, September 26, 2023 | ||
| 25 | 25
Joint MOTION for Extension of Time to File Answer re1 Complaint,, , filed by Defendant The Independent Order of Foresters. Noting Date 9/26/2023, (Morrison, James)
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Att: 1
Exhibit Transfer Motion,
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Att: 2
Proposed Order
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| Monday, September 25, 2023 | ||
| 24 | 24 ORDER re23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gilbert S Keteltas for Defendant The Independent Order of Foresters by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) | |
| Friday, September 22, 2023 | ||
| Application for Leave to Appear Pro Hac Vice23 by attorney Gilbert S. Keteltas will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Jesse Curry at 206-370-8439 or[LINK:jesse_curry@wawd.uscourts.gov] with additional questions. (Ad hoc Attorney Gilbert S. Keteltas) (JWC) | ||
| Thursday, September 21, 2023 | ||
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APPLICATION OF ATTORNEY Gilbert S. Keteltas FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Independent Order of Foresters (Fee Paid) Receipt No. AWAWDC-8174034 (Morrison, James)
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CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by The Independent Order of Foresters. (Morrison, James)
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| 21 | 21
NOTICE of Appearance by attorney Alexander Vitruk on behalf of Defendant The Independent Order of Foresters. (Vitruk, Alexander)
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| 20 | 20
NOTICE of Appearance by attorney James Raymond Morrison on behalf of Defendant The Independent Order of Foresters. (Morrison, James)
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| Wednesday, September 20, 2023 | ||
| 19 | 19
NOTICE of Appearance by attorney Nicholas C Larson on behalf of Defendant Pension Benefit Information LLC. (Larson, Nicholas)
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| Monday, September 18, 2023 | ||
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ORDER granting Defendants'17 Joint Motion for Extension of Time. Defendants Milliman Solutions, LLC and Milliman, Inc.'s response to the Complaint in this action is extended until forty-five days (45) following entry of the Judicial Panel on Multidistrict Litigation's final determination in IN RE MOVEit Customer Data Security Breach Litigation, MDL No. 3083. Signed by U.S. District Judge John C. Coughenour. (SS)
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| Thursday, September 14, 2023 | ||
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Joint MOTION for Extension of Time to Respond to Complaint , filed by Defendants Milliman Inc, Milliman Solutions LLC. Noting Date 9/14/2023, (Garner, Lara)
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Att: 1
Exhibit A TO JOINT MOTION,
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Att: 2
Proposed Order RE JOINT MOTION
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| 16 | 16 ORDER re14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Craig J Mariam for DEFENDANTS Milliman Inc and Milliman Solutions LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) | |
| 15 | 15 ORDER re13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael J. Dailey for DEFENDANTS Milliman Inc and Milliman Solutions LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) | |
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APPLICATION OF ATTORNEY Craig J. Mariam FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Milliman Inc, Milliman Solutions LLC (Fee Paid) Receipt No. AWAWDC-8164067 (Garner, Lara)
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APPLICATION OF ATTORNEY Michael J. Dailey FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Milliman Inc, Milliman Solutions LLC (Fee Paid) Receipt No. AWAWDC-8164058 (Garner, Lara)
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| Wednesday, September 13, 2023 | ||
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NOTICE of Appearance by attorney Lara Garner on behalf of Defendants Milliman Inc, Milliman Solutions LLC. (Garner, Lara) Modified to strike per call from filer on 9/13/2023 (LH).
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| NOTICE of Docket Text Modification re12 Notice of Appearance: This entry has been stricken at the request of the filer due to being filed in error. A Pro Hac Vice Application will be filed shortly. (LH) | ||
| Tuesday, September 12, 2023 | ||
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CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Milliman, Inc. for Milliman Solutions LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Milliman Inc, Milliman Solutions LLC. (Garner, Lara)
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NOTICE of Appearance by attorney Lara Garner on behalf of Defendants Milliman Inc, Milliman Solutions LLC. (Garner, Lara)
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| Friday, September 08, 2023 | ||
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SERVICE OF SUMMONS and Complaint returned executed upon defendant The Independent Order of Foresters on 9/8/2023 (Matt, Sean)
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SERVICE OF SUMMONS and Complaint returned executed upon defendant Milliman Solutions LLC on 9/7/2023 (Matt, Sean)
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SERVICE OF SUMMONS and Complaint returned executed upon defendant Milliman Inc on 9/7/2023 (Matt, Sean)
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SERVICE OF SUMMONS and Complaint returned executed upon defendant Foresters Financial Holding Company Inc on 9/7/2023 (Matt, Sean)
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| Wednesday, September 06, 2023 | ||
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ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (KMP)
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Summons(es) Electronically Issued as to defendant(s) Foresters Financial Holding Company Inc, Milliman Inc, Milliman Solutions LLC, The Independent Order of Foresters (RE)
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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| U.S. District Judge John C. Coughenour added. (RE) | ||
| Friday, September 01, 2023 | ||
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WAIVER OF SERVICE of Summons upon defendant Pension Benefit Information, LLC d/b/a PBI Research Services mailed on 9/1/2023 (Berman, Steve)
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WAIVER OF SERVICE of Summons upon defendant Progress Software Corporation mailed on 9/1/2023 (Berman, Steve)
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| Thursday, August 31, 2023 | ||
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COMPLAINT Class Action Complaint against All Defendants with JURY DEMAND Attorney Steve W. Berman added to party James Smiley(pty:pla) filed by James Smiley.(Berman, Steve)
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Att: 1
Exhibit A (Data Breach Notice Letter),
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Att: 2
Civil Cover Sheet,
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Att: 3
Summons Progress Software Corporation,
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Att: 4
Summons Pension Benefit Information, LLC d/b/a PBI Research Services,
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Att: 5
Summons Milliman, LLC d/b/a Milliman Intelliscript,
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Att: 6
Summons Milliman Solutions, LLC,
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Att: 7
Summons The Independent Order of Foresters d/b/a Foresters Financial,
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Att: 8
Summons Foresters Financial Holding Company, Inc.
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