Levy v. Advance Auto Parts, Inc.
Consolidated
Lead case: 2:24-md-03126
Lead case: 2:24-md-03126
| Montana District Court | |
| Judge: | Brian Morris |
| Case #: | 2:24-cv-00137 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Breach of Fiduciary Duty |
| Case Filed: | Oct 09, 2024 |
| Case in other court: | North Carolina Eastern, 5:24-cv-00404 |
| Last checked: Sunday Nov 24, 2024 3:35 AM MST |
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Defendant
Advance Auto Parts, Inc.
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Represented By
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Plaintiff
Adam Levy
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Represented By
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| Docket last updated: 01/22/2025 11:59 PM MST |
| Friday, January 17, 2025 | ||
| 36 | 36
misc
Transcript Order Form - SDM
Fri 01/17 3:58 PM
TRANSCRIPT ORDER FORM by Advance Auto Parts, Inc. for proceedings held on January 9, 2025 before Judge Brian Morris. Court reporter JoAnn Jett Corson. Type of transcript: 30-Day. Transcript due by 1/22/2025. Associated Cases: 2:24-md-03126-BMM et al. (Jones, Natasha) |
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utility
Terminate Deadlines and Hearings
Fri 01/17 4:32 PM
Terminate Deadlines as to Transcript Order filed by N. Jones. Transcript Order should not have been spread to each individual action. Associated Cases: 2:24-md-03126-BMM et al. (ACC) |
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| Tuesday, November 19, 2024 | ||
| 35 | 35
misc
Transcript Order Form - SDM
Tue 11/19 1:03 PM
TRANSCRIPT ORDER FORM by Ticketmaster, LLC, Live Nation Entertainment, Inc., Live Nation Worldwide Inc for proceedings held on 11/14/2024 before Judge Brian M. Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day. Transcript due by 11/29/2024. Associated Cases: 2:24-md-03126-BMM et al. (Inabnit, Elijah) |
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utility
Terminate Deadlines and Hearings
Tue 11/19 1:42 PM
Terminate Deadlines35 Transcript Order; transcript should have only been filed in MD 24-3126 BU. (ACC) |
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| Friday, November 08, 2024 | ||
| 34 | 34
notice
Notice of Appearance
Fri 11/08 2:00 PM
NOTICE of Appearance by Lynn Toops on behalf of Alessandra Conte Associated Cases: 2:24-md-03126-BMM et al. (Toops, Lynn) |
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| Thursday, November 07, 2024 | ||
| 33 | 33
motion
Appoint Counsel
Thu 11/07 11:26 PM
MOTION to Appoint Counsel Application to Appoint Amy Keller and Timothy Blood and Their Leadership Team as Interim Class Counsel . Timothy G. Blood appearing for MDL - Notice Only Maddalena Bowers, Amber Craig, Jane Doe, Rosalia Garcia, Robert Jones, Kathy Martin, Mari Miller, Morgan Murphy, Richard Olivieri, Cynthia Ryan, Lauren Woon. Associated Cases: 2:24-md-03126-BMM et al. (Blood, Timothy) |
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Att: 1
Affidavit Declaration of Timothy G. Blood,
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Att: 2
Exhibit 1 Draft Proposed Order,
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Att: 3
Exhibit 2 BHO Firm Resume,
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Att: 4
Exhibit 3 Dicello Levitt Resume,
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Att: 5
Exhibit 4 Rossbach Resume,
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Att: 6
Exhibit 5 Boland Aarab Resume,
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Att: 7
Exhibit 6 Lieff Cabraser Resume,
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Att: 8
Exhibit 7 Golston Resume,
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Att: 9
Exhibit 8 Hart Resume,
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Att: 10
Exhibit 9 Loeser Resume,
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Att: 11
Exhibit 10 Kodadek Resume,
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Att: 12
Exhibit 11 Morrison Resume
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| 32 | 32
motion
Appoint Counsel
Thu 11/07 4:48 PM
MOTION to Appoint Counsel . Paul Doolittle appearing for MDL - Notice Only Kimberly Blake, Serena Chapman, Chastine Dickey-Johnson, Lamibia Dunham, Alexis Morgan, Marc Reichbart. Associated Cases: 2:24-md-03126-BMM et al. (Doolittle, Paul) |
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Att: 1
Exhibit Declaration,
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Att: 2
Exhibit Firm Resume
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| 31 | 31
notice
Notice of Appearance
Thu 11/07 12:34 PM
NOTICE of Appearance by Nicholas John Pagnotta on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Pagnotta, Nicholas) |
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| 30 | 30
notice
Notice of Appearance
Thu 11/07 12:31 PM
NOTICE of Appearance by Mark Williams on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Williams, Mark) |
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| Monday, November 04, 2024 | ||
| 29 | 29
notice
Notice of Appearance
Mon 11/04 1:19 PM
NOTICE of Appearance by James E. Cecchi on behalf of Cindy Wallace Associated Cases: 2:24-md-03126-BMM et al. (Cecchi, James) |
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| 28 | 28
notice
Notice of Appearance
Mon 11/04 12:02 PM
NOTICE of Appearance by Leon Hampton, Jr on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Hampton, Leon) |
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| 27 | 27
notice
Notice of Appearance
Mon 11/04 11:52 AM
NOTICE of Appearance by Jessica M Haynes on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Haynes, Jessica) |
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| 26 | 26
notice
Notice of Appearance
Mon 11/04 9:44 AM
NOTICE of Appearance by Larry A Golston, Jr on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Golston, Larry) |
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| Saturday, November 02, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Sat 11/02 9:14 AM
NOTICE of Appearance by R. Brent Irby, I on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Irby, R.) |
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| Friday, November 01, 2024 | ||
| 24 | 24
notice
Notice of Appearance
Fri 11/01 3:23 PM
NOTICE of Appearance by James Pearl on behalf of Live Nation Entertainment, Inc., Live Nation Worldwide Inc Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James) |
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| 23 | 23
2
pgs
order
Order on Motion to Appear Pro Hac Vice - MT
Fri 11/01 12:07 PM
ORDER granting22 Motion to Appear Pro Hac Vice for Attorney Karl Gwaltney. Counsel shall file a notice of appearance in the master docket 2:24-md-3126-BMM. Signed by Judge Brian Morris on 11/1/2024. (ACC) |
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| 22 | 22
motion
Appear Pro Hac Vice - MT
Fri 11/01 8:30 AM
MOTION Karl S. Gwaltney to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3361066.). Karl S. Gwaltney appearing for Plaintiff Adam Levy. (Gwaltney, Karl) |
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Att: 1
Declaration of Karl S. Gwaltney,
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Att: 2
Text of Proposed Order Granting Pro Hac Vice Admission
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| Monday, October 28, 2024 | ||
| 21 | 21
notice
Notice of Withdrawal of Counsel - MT
Mon 10/28 12:57 PM
NOTICE of Withdrawal of Counsel: Kelly Margolis Dagger and Thomas Hamilton Segars withdrawing from the case, filed by Advance Auto Parts, Inc., Advance Stores Company, Incorporated, Advance Stores Company, Incorporated, Data Breach Litigation. Associated Cases: 2:24-md-03126-BMM et al. (ACC) |
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| 20 | 20
notice
Notice of Appearance
Mon 10/28 10:51 AM
NOTICE of Appearance by James Pearl on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James) |
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| Wednesday, October 23, 2024 | ||
| 19 | 19
utility
MDL Notice to Counsel
Wed 10/23 3:44 PM
SECOND NOTICE TO PRO HAC VICE ATTORNEYS : Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access by filing a motion to proceed pro have vice in their individual case on or before November 4th . Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found [LINK:here] . Those who are not admitted by that date will have their e-filing access and notifications terminated . If you have any questions please contact the MDL docket clerk at 406-727-1922. Associated Cases: 2:24-md-03126-BMM et al. (MMS) |
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| Tuesday, October 22, 2024 | ||
| 18 | 18
notice
Notice of Appearance
Tue 10/22 11:14 AM
NOTICE of Appearance by Daniel Scott Carlton on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Carlton, Daniel) |
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| Monday, October 21, 2024 | ||
| 17 | 17
order
Order Setting - MT
Mon 10/21 3:18 PM
TEXT Order Setting: IT IS HEREBY ORDERED that the Initial Case Management Conference is set for 11/14/2024 at 10:00 AM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. For the parties appearing by Zoom, the Zoom instructions are as follows: Your Meeting ID is 16084709930 and your Passcode is 992335. To join a meeting, open the Zoom application on your device and click "Join a Meeting" (or similar "Join" button). You will need to enter both this Meeting ID and Passcode to join the meeting. If you do not have Zoom installed on your device, you can join via a web browser at https://zoom.us/join using the same Meeting ID and Passcode. Signed by Judge Brian Morris on 10/21/2024. Associated Cases: 2:24-md-03126-BMM et al. (SLL) |
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| Thursday, October 10, 2024 | ||
| 16 | 16
utility
MDL Notice to Counsel
Thu 10/10 1:50 PM
COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file In re: Snowflake, Inc., Data Security Breach Litigation MDL No. 24-3126 Counsel should read and comply with all Pretrial Orders filed in the master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 2:24-md-3126-BMM. Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the[LINK:Snowflake, Inc. Data Breach MDL website page] . Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access to the District of Montana CM/ECF system through PACER and then electronically file a motion to proceed pro hac vice in this matter. Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found[LINK:here] . If you have any questions please contact the MDL docket clerk at 406-727-1922. (MMS) |
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| Wednesday, October 09, 2024 | ||
| 15 | 15
transfer
Case Transferred In - District Transfer
Wed 10/09 2:08 PM
Case transferred in from District of North Carolina Eastern; Case Number 5:24-cv-00404. Original file with documents, certified copy of transfer order and docket sheet received. Case assigned to Judge Brian Morris per MDL (MMS, ) |
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| 14 | 14
8
pgs
order
Order
Wed 10/09 9:47 AM
TRANSFER ORDER. Signed by Nathaniel M. Gorton on 10/8/2024. (McNally, Kimberly) |
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| Case transferred to District of Montana. File transmitted electronically. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
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transfer
Case Transferred Out - District
Wed 10/09 9:48 AM
Case transferred to District of Montana. File transmitted electronically. (McNally, Kimberly) |
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| Thursday, August 01, 2024 | ||
| Remark - Case closed pursuant to order entered in 5:24-cv-352-BO on 8/1/2024. All future pleadings, motions, briefs, and other papers shall be filed in Case No. 5:24-CV-00352. (Stouch, L.) [Transferred from nced on 10/9/2024.] | ||
| Wednesday, July 31, 2024 | ||
| 13 | 13
WITHDRAWAL of Motion by Adam Levy. regarding11 MOTION to Consolidate Cases filed by Adam Levy (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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| Notice to Counsel regarding:11 Motion to Consolidate Cases. A motion to consolidate should be filed in the lowest numbered case listed in the proposed consolidation, which has already been done. On or before 8/5/2024, counsel is directed to review this motion and determine if the court's consideration of the relief requested in this action is still required. If not, please withdraw the motion, using the "Withdrawal of Motion" event. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
| Tuesday, July 30, 2024 | ||
| 12 | 12
9
pgs
Memorandum in Support regarding11 MOTION to Consolidate Cases filed by Adam Levy. (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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| 11 | 11
MOTION to Consolidate Cases filed by Adam Levy. (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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Att: 1
Text of Proposed Order Granting Motion to Consolidate
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| Monday, July 29, 2024 | ||
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding10 Consent MOTION for Extension of Time to File Answer regarding1 Complaint. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
| TEXT ORDER granting Defendant's Motion for Extension of Time 10 . For good cause shown, it is ordered that Defendant has up to and including September 12, 2024, within which to answer or otherwise respond to the Complaint 1 . Signed by Peter A. Moore, Jr., Clerk of Court on 7/29/2024. (Hockaday, A.) [Transferred from nced on 10/9/2024.] | ||
| Friday, July 26, 2024 | ||
| 10 | 10
Consent MOTION for Extension of Time to File Answer regarding1 Complaint, filed by Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Att: 1
Text of Proposed Order
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| Wednesday, July 24, 2024 | ||
| 9 | 9
Notice of Appearance filed by Thomas Hamilton Segars on behalf of Advance Auto Parts, Inc.. (Segars, Thomas) [Transferred from nced on 10/9/2024.]
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| 8 | 8
Financial Disclosure Statement by Advance Auto Parts, Inc. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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| 7 | 7
Notice of Appearance filed by Kelly Margolis Dagger on behalf of Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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| 6 | 6
Affidavit of Service for Complaint, Summons, Cover Sheet, Notice of Appearances, and Financial Disclosure Statement filed by Adam Levy served on Advance Auto Parts, Inc. on 07/23/2024. (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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Att: 1
Exhibit A - Proof of Service
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| Friday, July 19, 2024 | ||
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
| Tuesday, July 16, 2024 | ||
| TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to United States District Judge Richard E. Myers II for all further proceedings. United States District Judge Louise Wood Flanagan is no longer assigned to the case. All future filings should reflect the revised case number of 5:24-cv-00404-M-BM. Signed by Peter A. Moore, Jr., Clerk of Court on 7/16/2024. (Hockaday, A.) [Transferred from nced on 10/9/2024.] | ||
| Monday, July 15, 2024 | ||
| 5 | 5
Summons Issued as to Advance Auto Parts, Inc. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S) [Transferred from nced on 10/9/2024.]
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| Friday, July 12, 2024 | ||
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Notice of Appearance filed by Edward Hallett Maginnis on behalf of Adam Levy. (Maginnis, Edward) [Transferred from nced on 10/9/2024.]
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| 3 | 3
Financial Disclosure Statement by Adam Levy (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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| 2 | 2
Notice of Appearance filed by Karl Stephen Gwaltney on behalf of Adam Levy. (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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| 1 | 1
COMPLAINT against Advance Auto Parts, Inc. ( Filing fee $ 405 receipt number ANCEDC-7687312.), filed by Adam Levy. (Gwaltney, Karl) [Transferred from nced on 10/9/2024.]
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Att: 1
Exhibit A - Notification from Advance Auto regarding data breach,
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Att: 2
Proposed Summons,
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Att: 3
Civil Cover Sheet
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