Uhrich v. Teachers Insurance and Annuity Association of America
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12785 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Nov 15, 2023 |
| Case in other court: | New York Southern, 1:23-cv-08688 |
| Last checked: Monday May 13, 2024 4:30 AM EDT |
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Defendant
Teachers Insurance and Annuity Association of America
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Represented By
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Plaintiff
Katharine Uhrich
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Represented By
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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 | ||
| 30 | 30
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 | ||
| 29 | 29
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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2
pgs
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, July 11, 2024 | ||
| 27 | 27
misc
Corporate Disclosure Statement
Thu 07/11 10:22 AM
CORPORATE DISCLOSURE STATEMENT by Pension Benefit Information, LLC identifying Corporate Parent Longevity Holdings Inc. for Pension Benefit Information, LLC.. (Gardner, Paulyne) |
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| Wednesday, July 10, 2024 | ||
| 26 | 26
service
Waiver of Service Executed
Wed 07/10 2:04 PM
WAIVER OF SERVICE Returned Executed by Katharine Uhrich. Progress Software Corporation waiver sent on 7/5/2024, answer due 9/3/2024. (Johnson, Kristen) |
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| Monday, July 08, 2024 | ||
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service
Waiver of Service Executed
Mon 07/08 4:42 PM
WAIVER OF SERVICE Returned Executed by Katharine Uhrich. Pension Benefit Information, LLC waiver sent on 7/5/2024, answer due 9/3/2024. (Johnson, Kristen) |
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| Tuesday, June 25, 2024 | ||
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notice
Notice of Appearance
Tue 06/25 8:53 AM
NOTICE of Appearance by Jordan S. O'Donnell on behalf of Pension Benefit Information, LLC (O'Donnell, Jordan) |
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| 23 | 23
notice
Notice of Appearance
Tue 06/25 8:37 AM
NOTICE of Appearance by Paulyne Gardner on behalf of Pension Benefit Information, LLC (Gardner, Paulyne) |
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| Wednesday, June 12, 2024 | ||
| 22 | 22
41
pgs
cmp
Amended Complaint
Wed 06/12 8:09 PM
AMENDED COMPLAINT against Teachers Insurance and Annuity Association of America, filed by Katharine Uhrich.(Johnson, Kristen) |
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Att: 1
Exhibit A
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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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| 20 | 20
notice
Notice of Appearance
Thu 11/30 9:41 AM
NOTICE of Appearance by Aravind Swaminathan on behalf of Teachers Insurance and Annuity Association of America (Swaminathan, Aravind) |
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| Wednesday, November 29, 2023 | ||
| 19 | 19
notice
Notice of Appearance
Wed 11/29 5:02 PM
NOTICE of Appearance by James D. Houghton on behalf of Teachers Insurance and Annuity Association of America (Houghton, James) |
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| Friday, November 17, 2023 | ||
| 18 | 18
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 | ||
| 17 | 17
notice
Notice re: MDL Case Transferred
Wed 11/15 3:20 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-08688 has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12785. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Danieli, Chris) |
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| 16 | 16
notice
Notice of Case Assignment
Wed 11/15 3:18 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Danieli, Chris) |
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| 15 | 15
transfer
Case Transferred In - District Transfer
Wed 11/15 3:17 PM
Case transferred in from District of New York Southern; Case Number 1:23-cv-08688. |
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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) | ||
| Wednesday, October 11, 2023 | ||
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-06944-LAK. Notice of Assignment to follow. (tro) | ||
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Valerie E. Caproni is no longer assigned to the case. (tro) | ||
| Wednesday, October 04, 2023 | ||
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STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-06944. Document filed by Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
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NOTICE OF APPEARANCE by Marc Shapiro on behalf of Teachers Insurance and Annuity Association of America..(Shapiro, Marc)
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| Tuesday, October 03, 2023 | ||
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CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-06408. Original file certified copy of transfer order and docket entries received.
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| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(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) | ||
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) | ||
| Case Designated ECF. (vba) | ||
| Friday, September 29, 2023 | ||
| 10 | 10
TRANSFERRED to the Southern District of New York the electronic record. (nsf, ) [Transferred from Illinois Northern on 10/3/2023.]
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| Thursday, September 21, 2023 | ||
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MINUTE entry before the Honorable Thomas M. Durkin: Defendant's unopposed motion for an extension of time to file an answer or respond to the complaint8 is granted. The Court finds there is good cause for the extension in light of the Clerk's Office policy to wait fourteen (14) days to effectuate a transfer order and the parties' intent to consolidate this case with previously consolidated litigation involving the same parties in the Southern District of New York. See also Mondis Tech. Ltd. v. LG Elecs., Inc., No. 2:14-CV-702, 2015 WL 11117316, at *2 (E.D. Tex. June 9, 2015) (granting extension of time to file brief after transfer order was entered but before transferee court received the case). Therefore, the deadline for Defendant to answer or otherwise respond to the complaint is extended to October 26, 2023. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.]
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| Wednesday, September 20, 2023 | ||
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MOTION by Defendant Teachers Insurance and Annuity Association of America for extension of time to file answer regarding complaint1 (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.]
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| Thursday, September 14, 2023 | ||
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MINUTE entry before the Honorable Thomas M. Durkin: The parties' joint motion to transfer venue to the United States District Court for the Southern District of New York6 is granted. Pursuant to 28 U.S.C. § 1404(a), "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties consented." All parties consent to the Southern District of New York. Additionally, the case could have been filed in that district because defendant TIAA is based and maintains its principal place of business in that district. Even without consent, the private and public interests at stake support transfer. Nalco Co. v. Env't Mgmt. Inc., 694 F. Supp. 2d 994, 998 (N.D. Ill. 2010). As to private interest factors, Plaintiff's choice of forum, the situs of material events, the relative ease and access to sources of proof, and the convenience of the parties and witnesses all favor transfer because Plaintiff is now consenting to jurisdiction, TIAA is based in New York, and there is pending litigation in the Southern District of New York. As to public interest factors, the docket congestion and speed to trial and familiarity with applicable law are neutral, and the respective desirability of resolving controversies in each locale favors transfer because of the pending litigation in the transferee district. Additionally, courts often find that transfer is in the interest of justice where, as here, multiple actions seeking to certify nationwide classes based on common factual and legal issues are filed in different districts. See, e.g., George & Co., LLC v. Target Corp., No. 20C6219, 2021 WL 2948910, at *5 (N.D. Ill. Jul. 14, 2021) (granting transfer to district where multiple actions involving similar claims were pending, "[g]iven the overlap in factual and legal issues between each of the related actions, it is unnecessary to waste time, energy, and money resolving them in two different districts"). As such, this case is hereby transferred to the Southern District of New York. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.]
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| Tuesday, September 12, 2023 | ||
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MOTION by Plaintiff Katharine Uhrich to transfer case to U.S. District Court for the Southern District of New York (Joint Motion) (Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.]
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Teachers Insurance and Annuity Association of America and FRCP 7.1 Disclosure Statement (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.]
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| 4 | 4
ATTORNEY Appearance for Defendant Teachers Insurance and Annuity Association of America by Scott Tadashi Sakiyama (Sakiyama, Scott) [Transferred from Illinois Northern on 10/3/2023.]
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| Thursday, August 31, 2023 | ||
| 3 | 3
MINUTE entry before the Honorable Thomas M. Durkin: By 10/27/23, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (kp, ) [Transferred from Illinois Northern on 10/3/2023.]
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| Tuesday, August 29, 2023 | ||
| 2 | 2
ATTORNEY Appearance for Plaintiff Katharine Uhrich by Bryan Paul Thompson (Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.]
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| 1 | 1
COMPLAINT filed by Katharine Uhrich; Jury Demand. Filing fee $ 402, receipt number AILNDC-20982140.(Thompson, Bryan) [Transferred from Illinois Northern on 10/3/2023.]
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mek) [Transferred from Illinois Northern on 10/3/2023.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek) [Transferred from Illinois Northern on 10/3/2023.] | ||
| SUMMONS Issued as to Defendant Teachers Insurance and Annuity Association of America (mek) [Transferred from Illinois Northern on 10/3/2023.] | ||