Frankeberger v. Arietis Health, LLC
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-13015 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 07, 2023 |
| Case in other court: | Florida Middle, 2:23-cv-00875 |
| Last checked: Tuesday Jun 04, 2024 4:46 AM EDT |
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Defendant
Arietis Health, LLC
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Represented By
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Plaintiff
Eliot Frankeberger
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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: 11 hours ago |
| Thursday, December 12, 2024 | ||
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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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| Monday, December 09, 2024 | ||
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order
Order
Mon 12/09 2:24 PM
Judge Allison D. Burroughs: ORDER entered. Order granting leave to file overlength brief. Associated Cases: 1:23-md-03083-ADB, 1:23-cv-13014-ADB, 1:23-cv-13015-ADB,1:23-cv-13026-ADB, 1:23-cv-13019-ADB, 1:23-cv-13018-ADB, 1:23-cv-13020-ADB, 1:23-cv-12524-ADB, 1:23-cv-13025-ADB, 1:23-cv-12736-ADB, 1:24-cv-10031-ADB1:23-cv-13077-ADB (McManus, Caetlin) |
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pgs
order
Order ~Util - Terminate Motions
Mon 12/09 2:18 PM
Judge Allison D. Burroughs: ORDER entered. Amended Order of Preliminary Approval. Associated Cases: 1:23-md-03083-ADB, 1:23-cv-13014-ADB, 1:23-cv-13015-ADB,1:23-cv-13026-ADB, 1:23-cv-13019-ADB, 1:23-cv-13018-ADB, 1:23-cv-13020-ADB, 1:23-cv-12524-ADB, 1:23-cv-13025-ADB, 1:23-cv-12736-ADB, 1:24-cv-10031-ADB1:23-cv-13077-ADB (McManus, Caetlin) |
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| Wednesday, November 06, 2024 | ||
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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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| Monday, September 09, 2024 | ||
| 40 | 40
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pgs
order
Order ~Util - Set Hearings
Mon 09/09 9:45 AM
Judge Allison D. Burroughs: ORDER of Preliminary Approval entered. Final Approval Hearing set for 4/3/2025 11:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB, 1:23-cv-13014-ADB1:23-cv-13015-ADB, 1:23-cv-13026-ADB, 1:23-cv-13019-ADB, 1:23-cv-13018-ADB, 1:23-cv-13020-ADB, 1:23-cv-12524-ADB, 1:23-cv-13025-ADB, 1:23-cv-12736-ADB, 1:24-cv-10031-ADB, 1:23-cv-13077-ADB (McManus, Caetlin) |
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| Friday, September 06, 2024 | ||
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misc
Proposed Documents Submitted to the Court
Fri 09/06 4:58 PM
Proposed Document(s) submitted by Eliot Frankeberger. Document received: Order of Preliminary Approval. (Johnson, Kristen) |
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order
Order on Motion for Settlement
Fri 09/06 1:39 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs' Motion for Preliminary Approval of the Arietis Settlement [ECF No. 1176 ] is GRANTED . As set forth orally on the record earlier today, the Court finds that the proposed settlement is fair, reasonable, and adequate. It further finds that the settlement is the product of good-faith, informed, arm's-length negotiations; the parties engaged in sufficient informal discovery to support an informed resolution; and the class was well represented, including representation by competent and experienced counsel. Finally, the Court finds that the settlement class satisfies the requirements of Rule 23(a) and (b). Plaintiffs shall file an updated schedule of settlement deadlines no later than Tuesday, September 10, 2024 . (Cook, Savannah) |
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| Thursday, August 29, 2024 | ||
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respm
Memorandum in Support of Motion
Thu 08/29 7:16 PM
MEMORANDUM in Support re32 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval [Leave to file granted on August 29, 2024] filed by Eliot Frankeberger. (Johnson, Kristen) |
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order
Order on Motion for Leave to File Excess Pages
Thu 08/29 4:27 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 31 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Cook, Savannah) |
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respm
Affidavit in Support of Motion
Thu 08/29 1:13 PM
AFFIDAVIT of Cameron R. Azari, Esq. in Support re32 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval Regarding Notice Program filed by Eliot Frankeberger. (Johnson, Kristen) |
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respm
Affidavit in Support of Motion
Thu 08/29 1:12 PM
AFFIDAVIT of Gary F. Lynch in Support re32 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval filed by Eliot Frankeberger.(Johnson, Kristen) |
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Att: 1
Exhibit 1 (Arietis Settlement Agreement with Exhibits A-F),
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Att: 2
Exhibit 2 (Settlement Benefits Allocation Plan)
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pgs
respm
Memorandum in Support of Motion
Thu 08/29 1:11 PM
MEMORANDUM in Support re32 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval filed by Eliot Frankeberger. (Johnson, Kristen) |
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| 32 | 32
motion
Settlement
Thu 08/29 1:11 PM
MOTION for Settlement Plaintiffs' Motion for Preliminary Approval by Eliot Frankeberger.(Johnson, Kristen) |
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motion
File Excess Pages
Thu 08/29 11:40 AM
MOTION for Leave to File Excess Pages Plaintiffs' Unopposed Motion for Leave to File An Overlength Memorandum in Support of Plaintiffs' Motion for Preliminary Approval by Eliot Frankeberger.(Johnson, Kristen) |
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Att: 1
Text of Proposed Order
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| Tuesday, July 23, 2024 | ||
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order
Order on Motion to Stay
Tue 07/23 12:22 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Motion28 Joint MOTION to Stay Proceedings Involving Arietis Health, LLC filed by Arietis Health, LLC terminated pursuant to Order 29 . Case stayed. (McManus, Caetlin) |
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order
Order on Motion to Stay
Tue 07/23 11:59 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered re (1110) Motion to Stay in case 1:23-md-03083-ADB (the "MDL"). The Joint Motion to Stay Proceedings as to Arietis Health, LLC, [MDL ECF No. 1110], is GRANTED as set forth therein. The related motions in the individual cases are also GRANTED as set forth therein. Associated Cases: 1:23-md-03083-ADB et al. (McManus, Caetlin) |
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| Monday, July 22, 2024 | ||
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motion
Stay
Mon 07/22 6:32 PM
Joint MOTION to Stay Proceedings Involving Arietis Health, LLC by Arietis Health, LLC.(Swaminathan, Aravind) |
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Att: 1
Text of Proposed Order
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| Tuesday, January 30, 2024 | ||
| 27 | 27
notice
Notice of Appearance
Tue 01/30 6:15 PM
NOTICE of Appearance by James D. Houghton on behalf of Arietis Health, LLC (Houghton, James) |
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| 26 | 26
notice
Notice of Appearance
Tue 01/30 4:30 PM
NOTICE of Appearance by Aravind Swaminathan on behalf of Arietis Health, LLC (Swaminathan, Aravind) |
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| Friday, December 08, 2023 | ||
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notice
Notice - Other
Fri 12/08 1:43 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) See MDL Master Docket 23-md-3083 for all subsequent procedural orders. (McManus, Caetlin) |
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| Thursday, December 07, 2023 | ||
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notice
Notice re: MDL Case Transferred
Thu 12/07 4:08 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 17 entered in MDL No. 3083, Middle District of Florida case number : 2:23-cv-00875-JLB-KCD has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-13015-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083 (Belpedio, Lisa) |
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notice
Notice of Case Assignment
Thu 12/07 4:07 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 12/07 4:05 PM
Case transferred in from District of Florida Middle; Case Number 2:23-cv-00875. |
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| Thursday, November 30, 2023 | ||
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MULTIDISTRICT LITIGATION panel order (CTO-17) transferring case to: District of Massachusetts. MDL case number: 3083. (SMG)
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| Monday, November 13, 2023 | ||
| 20 | 20 ENDORSED ORDER granting 19 Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. Given the parties' agreement, and otherwise finding good cause because Defendant anticipates the case will be transferred to the MDL, the deadline for Defendant to respond to the complaint is extended to 2/7/2024. Signed by Magistrate Judge Kyle C. Dudek on 11/13/2023. (BLW) | |
| Thursday, November 09, 2023 | ||
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Unopposed MOTION for Extension of Time to File Answer re1 Complaint by Arietis Health, LLC. (Fassbender, Diana) Motions referred to Magistrate Judge Kyle C. Dudek.
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| 18 | 18
NOTICE of Potential Tag Along Actions by Arietis Health, LLC(Fassbender, Diana)
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Att: 1
Exhibit 1
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| 17 | 17
NOTICE of Appearance by Diana Marie Fassbender on behalf of Arietis Health, LLC (Fassbender, Diana)
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| Tuesday, October 24, 2023 | ||
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NOTICE of Lead Counsel Designation by Janet R. Varnell on behalf of Eliot Frankeberger. Lead Counsel: Seth R. Lesser. (Varnell, Janet)
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| Monday, October 23, 2023 | ||
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RETURN of service executed on 10/19/2023 by Eliot Frankeberger as to Arietis Health, LLC. (Varnell, Janet)
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| Friday, October 13, 2023 | ||
| 14 | 14 ENDORSED ORDER granting 8 Motion for Christopher M. Timmel to specially appear to represent Plaintiff, which complies with Local Rule 2.01(c). Unless non-resident attorney Timmel already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 10/13/2023. (BLW) | |
| 13 | 13 ENDORSED ORDER granting 7 Motion for Seth R. Lesser to specially appear to represent Plaintiff, which complies with Local Rule 2.01(c). Unless non-resident attorney Lesser already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 10/13/2023. (BLW) | |
| 12 | 12 ENDORSED ORDER granting 6 Motion for Jeffrey A. Klafter to specially appear to represent Plaintiff, which complies with Local Rule 2.01(c). Unless non-resident attorney Klafter already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 10/13/2023. (BLW) | |
| 11 | 11
SUMMONS issued as to Arietis Health, LLC. (EAM)
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| 10 | 10 NOTICE TO COUNSEL Jeffrey A. Klafter, Seth R. Lesser, Christopher Timmel, James A. Fracis, Janet R. Varnell, Brian W. Warwick of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (EAM) | |
| 9 | 9 Entered in error. Modified on 10/13/2023 (EAM). | |
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Unopposed MOTION for Christopher M. Timmel to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21350418 for $150 by Eliot Frankeberger. (Varnell, Janet) Motions referred to Magistrate Judge Kyle C. Dudek.
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Unopposed MOTION for Seth R. Lesser to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21350417 for $150 by Eliot Frankeberger. (Varnell, Janet) Motions referred to Magistrate Judge Kyle C. Dudek.
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Unopposed MOTION for Jeffrey A. Klafter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21350416 for $150 by Eliot Frankeberger. (Varnell, Janet) Motions referred to Magistrate Judge Kyle C. Dudek.
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| Thursday, October 12, 2023 | ||
| 5 | 5 ENDORSED ORDER granting 4 Motion for James A. Francis to specially appear to represent Plaintiff, which complies with Local Rule 2.01(c). Unless non-resident attorney Francis already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 10/12/2023. (BLW) | |
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Unopposed MOTION for James A. Francis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21348276 for $150 by Eliot Frankeberger. (Varnell, Janet) Motions referred to Magistrate Judge Kyle C. Dudek.
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| 3 | 3 NOTICE TO COUNSEL Christopher Timmell, James Francis, Jeffrey Klafter,and Seth Lesser of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (RLK) | |
| 2 | 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-875-JLB-KCD. (RLK) | |
| Wednesday, October 11, 2023 | ||
| 1 | 1
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COMPLAINT against Arietis Health, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-21345654) filed by Eliot Frankeberger.(Varnell, Janet)
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet,
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Att: 3
Proposed Summons
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