Marshall 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-12782 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 |
| Case Filed: | Nov 15, 2023 |
| Case in other court: | New York Southern, 1:23-cv-07822 |
| Last checked: Monday May 13, 2024 4:29 AM EDT |
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Defendant
Pension Benefit Information LLC d/b/a PBI Research Services
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Represented By
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Defendant
Progress Software Corporation
15 Wayside Rd. #400
Burlington, MA 01803 |
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Defendant
Teachers Insruance and Annuity Association of America
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Represented By
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Plaintiff
Edward Marshall
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Represented By
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GPO
Oct 04 2023
ORDER granting 7 Letter Motion to Consolidate Cases ; granting 7 Letter Motion to Stay re: 7 LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. The Court grants Plaintiff's motion. Accordingly, the above-caption matter is hereby consolidated with the other related actions previously consolidated under the lead case, Jentz v. TIAA, No. 1 :23-cv-06944. Further, the consolidated actions shall be stayed pending a ruling by the Panel on the motion to transfer pursuant to 28 U.S.C. § 1407. The Parties shall file a joint status report with the Court within 10 days of Panel's ruling, notifying the Court of the Panel's decision. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/4/23) (yv) |
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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 |
| Thursday, December 12, 2024 | ||
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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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| Tuesday, December 10, 2024 | ||
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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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| Tuesday, January 16, 2024 | ||
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notice
Notice of Appearance
Tue 01/16 1:11 PM
NOTICE of Appearance by Joseph M. Lyon on behalf of Edward Marshall (Lyon, Joseph) |
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| Friday, December 08, 2023 | ||
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notice
Notice of Appearance
Fri 12/08 11:27 AM
NOTICE of Appearance by Charles E. Schaffer on behalf of Edward Marshall (Schaffer, Charles) |
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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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notice
Notice of Appearance
Thu 11/30 9:40 AM
NOTICE of Appearance by Aravind Swaminathan on behalf of Teachers Insruance and Annuity Association of America (Swaminathan, Aravind) |
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| Wednesday, November 29, 2023 | ||
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notice
Notice of Appearance
Wed 11/29 5:00 PM
NOTICE of Appearance by James D. Houghton on behalf of Teachers Insruance and Annuity Association of America (Houghton, James) |
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| Friday, November 17, 2023 | ||
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notice
Notice - Other
Fri 11/17 1:45 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) (McManus, Caetlin) |
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| Wednesday, November 15, 2023 | ||
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notice
Notice re: MDL Case Transferred
Wed 11/15 2:45 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, Southern District of New York case number 1:23-cv-07822 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12782. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
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notice
Notice of Case Assignment
Wed 11/15 2:43 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
Wed 11/15 2:37 PM
Case transferred in from District of New York Southern; Case Number 1:23-cv-07822. |
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| Thursday, November 02, 2023 | ||
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CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of Massachusetts. (Signed by MDL Panel on 10/16/2023) (vba)
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| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - District of Massachusetts.(vba) | ||
| Tuesday, October 10, 2023 | ||
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STATUS REPORT. Document filed by Edward Marshall..(Brown, Jeffrey)
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| Wednesday, October 04, 2023 | ||
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ORDER granting13 Letter Motion for Extension of Time to File Response/Reply re13 LETTER MOTION for Extension of Time to File Response/Reply as to7 LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, E. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 10/4/23) (yv)
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ORDER granting7 Letter Motion to Consolidate Cases ; granting7 Letter Motion to Stay re:7 LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. The Court grants Plaintiff's motion. Accordingly, the above-caption matter is hereby consolidated with the other related actions previously consolidated under the lead case, Jentz v. TIAA, No. 1 :23-cv-06944. Further, the consolidated actions shall be stayed pending a ruling by the Panel on the motion to transfer pursuant to 28 U.S.C. § 1407. The Parties shall file a joint status report with the Court within 10 days of Panel's ruling, notifying the Court of the Panel's decision. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/4/23) (yv)
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| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-06944-LAK. (yv) | ||
| Case Stayed (yv) | ||
| Monday, October 02, 2023 | ||
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LETTER MOTION for Extension of Time to File Response/Reply as to7 LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. addressed to Judge Lewis A. Kaplan from Marc R. Shapiro dated 10/2/23. Document filed by Teachers Insruance and Annuity Association of America..(Shapiro, Marc)
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WAIVER OF SERVICE RETURNED EXECUTED. Progress Software Corporation waiver sent on 9/29/2023, answer due 11/28/2023. Document filed by Edward Marshall..(Goldenberg, Jeffrey)
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| Friday, September 29, 2023 | ||
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WAIVER OF SERVICE RETURNED EXECUTED. Teachers Insruance and Annuity Association of America waiver sent on 9/27/2023, answer due 11/27/2023. Document filed by Edward Marshall..(Brown, Jeffrey)
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| Wednesday, September 27, 2023 | ||
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teachers Insruance and Annuity Association of America..(Shapiro, Marc)
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LETTER RESPONSE to Motion addressed to Judge Lewis A. Kaplan from Marc R. Shapiro dated 9/27/23 re:7 LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. . Document filed by Teachers Insruance and Annuity Association of America..(Shapiro, Marc)
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NOTICE OF APPEARANCE by Marc Shapiro on behalf of Teachers Insruance and Annuity Association of America..(Shapiro, Marc)
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| Friday, September 22, 2023 | ||
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LETTER MOTION to Consolidate Cases 1:23-cv-6944, 1:23-cv-6956, 1:23-cv-7437, 1:23-cv-07407, 1:23-cv-7020 addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023., LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jeffrey K. Brown, Esq. dated Sept. 22, 2023. Document filed by Edward Marshall..(Brown, Jeffrey)
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Att: 1
Proposed Order Proposed Order
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| Wednesday, September 13, 2023 | ||
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NOTICE OF APPEARANCE by James Francis Monagle on behalf of Pension Benefit Information, LLC d/b/a PBI Research Services..(Monagle, James)
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| Thursday, September 07, 2023 | ||
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06944-LAK. Notice of Assignment to follow. (vba) | ||
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (vba) | ||
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba) | ||
| Wednesday, September 06, 2023 | ||
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WAIVER OF SERVICE RETURNED EXECUTED. Pension Benefit Information, LLC d/b/a PBI Research Services waiver sent on 9/5/2023, answer due 11/6/2023. Document filed by Edward Marshall..(Brown, Jeffrey)
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| Tuesday, September 05, 2023 | ||
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STATEMENT OF RELATEDNESS re: that this action be filed as related to MDL 3083. Document filed by Edward Marshall..(Brown, Jeffrey)
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Att: 1
Exhibit A - Notice of Related Actions,
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Att: 2
Exhibit B - Motion for Transfer,
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Att: 3
Exhibit C - MDL No. 3083 Docket Report
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CIVIL COVER SHEET filed..(Brown, Jeffrey)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Kevin Brown. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332au Diversity-Auto Negligence; Nature of Suit code 190 (Contract: Other); Dollar Demand 5,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 Diversity Action; the Nature of Suit code has been modified to 360 (P.I.: Other); the Dollar Demand has been modified to 5,000,000; the County code has been modified to XX Out of State. (vf) | ||
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Kevin Brown to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) | ||
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Jeffrey Kevin Brown, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (vf) | ||
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) | ||
| Case Designated ECF. (vf) | ||
| CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 1:23-cv-06944. (vf) | ||
| Friday, September 01, 2023 | ||
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FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Brown, Jeffrey) Modified on 9/5/2023 (vf).
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COMPLAINT against Pension Benefit Information, LLC d/b/a PBI Research Services, Progress Software Corporation, Teachers Insruance and Annuity Association of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-28233522)Document filed by Edward Marshall..(Brown, Jeffrey)
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