Simon v. AT&T Mobility LLC
| Texas Northern District Court | |
| Judge: | Ada Brown |
| Case #: | 3:25-cv-00319 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Feb 10, 2025 |
| Terminated: | Feb 10, 2025 |
| Case in other court: | Florida Southern, 0:24-cv-61737 |
| Last checked: Monday Feb 10, 2025 10:06 AM CST |
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Petitioner
Lance Simon
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Represented By
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Respondent
AT&T Mobility LLC
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Represented By
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| Docket last updated: 02/20/2025 11:59 PM CST |
| Monday, February 10, 2025 | ||
| 28 | 28
order
Order Consolidating Cases
Mon 02/10 11:38 AM
ELECTRONIC ORDER: On April 22, 2024, the Court consolidated numerous cases into the Petroski Action (3:24-cv-0757-E) and re-captioned the case to In Re: AT&T Data Breach Litigation. On June 5, 2024, the United States Judicial Panel on Multidistrict Litigation, created the IN RE: AT&T CUSTOMER DATA SECURITY BREACH LITIGATION in MDL No. 3114. Under 28 U.S.C. § 1407, the litigation was centralized in the Northern District of Texas, and the case was assigned to Honorable U.S. District Judge Ada E. Brown for coordinated or consolidated pretrial proceedings. The case was assigned number 3:24-md-3114-E in the Northern District of Texas. Since the creation of MDL No. 3114, there have been numerous cases directly filed in the Northern District of Texas, and tag-a-long cases (cases filed in other U.S. District Courts), transferred to the MDL in the Northern District of Texas by way of a Finalized Conditional Transfer Order. Because these cases are putative class actions, the Court believes that consolidation is appropriate, and therefore, all cases filed directly in the Northern District of Texas and tag-a-long cases are hereby consolidated into 3:24-cv-0757-E, for consolidated pretrial proceedings. Upon entry of this Order in each case, the Clerk is DIRECTED to close the remaining related Direct filed and Tag-A-Long cases. Further docketing should be in lead case 3:24-cv-00757. (Ordered by Judge Ada Brown on 2/10/2025) (twd) |
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| 27 | 27
utility
Electronic Case Transferred In - District Transfer (Public Entry)
Mon 02/10 9:52 AM
Case electronically transferred in from District of Florida Southern; Case Number 0:24-cv-61737. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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| Friday, February 07, 2025 | ||
| 26 | 26
Courtesy Copy of TRANSFER ORDER transferring case to the Northern District of Texas re: MDL 3114 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Ada E. Brown. (Signed by Karen K. Caldwell, Chair). (jas) [Transferred from Florida Southern on 2/10/2025.]
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| Thursday, February 06, 2025 | ||
| 25 | 25
Courtesy Copy of TRANSFER ORDER transferring case to the Northern District of Texas re: MDL 3114 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Ada E. Brown. (Signed by Karen K. Caldwell, Chair). (jas) [Transferred from Florida Southern on 2/10/2025.]
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| Wednesday, December 18, 2024 | ||
| 24 | 24 NOTICE The only claim that was remanded to state court in the Order Remanding Case (ECF No. 21) was the "Bogus Administrative Fee" claim. The data breach claim, which is the subject of a non-final conditional transfer order entered in MDL No. 3114 (CTO-11), was not remanded to state court. Plaintiff's opposition to the CTO is scheduled for consideration without oral argument at the January 30, 2025, hearing session of the Judicial Panel on Multidistrict Litigation. (sm00) [Transferred from Florida Southern on 2/10/2025.] | |
| Monday, December 02, 2024 | ||
| 23 | 23
ACKNOWLEDGMENT OF RECEIPT as to21 Order Remanding Case to State Court,22 Transmittal Letter Sent (kpe) [Transferred from Florida Southern on 2/10/2025.]
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| Thursday, November 21, 2024 | ||
| 22 | 22
Transmittal Letter Sent with Certified Copy of Order of Remand to: 17th Judicial Circuit. State Court Case Number: CONO-24-053661 (ls) [Transferred from Florida Southern on 2/10/2025.]
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| 21 | 21
Order Remanding Case: Case is Remanded to the Broward County small claims court from whence it came. Signed by Judge David S. Leibowitz on 11/21/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 2/10/2025.]
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| Wednesday, November 20, 2024 | ||
| 20 | 20
RESPONSE TO ORDER TO SHOW CAUSE re18 Order to Show Cause by AT&T Mobility LLC. (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| Wednesday, November 13, 2024 | ||
| 19 | 19
REPLY to15 MOTION to Stay Deadline to Respond to Plaintiff's Complaint by AT&T Mobility LLC. (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| 18 | 18
ORDER TO SHOW CAUSE. Show Cause Response due by 11/20/2024. Signed by Judge David S. Leibowitz on 11/12/2024. See attached document for full details. (kpe) [Transferred from Florida Southern on 2/10/2025.]
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| Friday, November 08, 2024 | ||
| 17 | 17
Joint SCHEDULING REPORT - Rule 16.1 by Lance Simon (Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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| Thursday, November 07, 2024 | ||
| 16 | 16
RESPONSE in Opposition re15 MOTION to Stay Deadline to Respond to Plaintiff's Complaint filed by Lance Simon. Replies due by 11/14/2024. (Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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| Wednesday, October 30, 2024 | ||
| 15 | 15
MOTION to Stay Deadline to Respond to Plaintiff's Complaint by AT&T Mobility LLC. Responses due by 11/13/2024.(Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Text of Proposed Order
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| 14 | 14
ORDER denying without prejudice12 Motion for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint). Signed by Judge David S. Leibowitz on 10/29/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 2/10/2025.]
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| Monday, October 28, 2024 | ||
| 13 | 13
Order Requiring Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 11/8/2024. Signed by Judge David S. Leibowitz on 10/28/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 2/10/2025.]
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| Friday, October 25, 2024 | ||
| 12 | 12
MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Complaint by AT&T Mobility LLC.(Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Text of Proposed Order
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| Monday, October 07, 2024 | ||
| 11 | 11 Clerk's Notice to Filer re8 Response in Opposition to Motion. Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#10]. It is not necessary to refile this document. (ls) [Transferred from Florida Southern on 2/10/2025.] | |
| Friday, October 04, 2024 | ||
| 10 | 10 MEMORANDUM in Opposition re3 Plaintiff's MOTION to Remand to State Court by AT&T Mobility LLC. (ls)(See Image at DE #8) [Transferred from Florida Southern on 2/10/2025.] | |
| 9 | 9
Plaintiff's REPLY to Response to Motion re3 Plaintiff's MOTION to Remand to State Court filed by Lance Simon. (Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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| 8 | 8
RESPONSE in Opposition re3 Plaintiff's MOTION to Remand to State Court filed by AT&T Mobility LLC. Replies due by 10/11/2024. (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| Wednesday, October 02, 2024 | ||
| 7 | 7 PAPERLESS ORDER granting nunc pro tunc6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document AT&T Mobility LLC. Response/Answer due 10/30/2024. Signed by Judge David S. Leibowitz on 10/2/2024. (sm00) [Transferred from Florida Southern on 2/10/2025.] | |
| Thursday, September 26, 2024 | ||
| 6 | 6
MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Complaint by AT&T Mobility LLC.(Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Text of Proposed Order
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| Friday, September 20, 2024 | ||
| 5 | 5
Notice of Pending, Refiled, Related or Similar Actions by AT&T Mobility LLC (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Exhibit Pending Actions
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| 4 | 4
Corporate Disclosure Statement by AT&T Mobility LLC identifying Other Affiliate SBC Long Distance LLC, Other Affiliate AT&T Inc., Other Affiliate BellSouth Mobile Data, Inc., Other Affiliate SBC Telecom, Inc., Other Affiliate AT&T Investment & Tower Holdings, LLC, Other Affiliate AT&T Capital Services, Inc., Other Affiliate JVI General Partnership, Other Affiliate SBC Portfolio Holdings, Ltd., Other Affiliate AT&T DW Holdings, Inc., Other Affiliate AT&T Solutions Inc., Other Affiliate AT&T Wireline Holdings LLC, Other Affiliate New Cingular Wireless Services, Inc. for AT&T Mobility LLC (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| 3 | 3
Plaintiff's MOTION to Remand to State Court by Lance Simon.(Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Exhibit 1 - Consumer Agreement
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| Thursday, September 19, 2024 | ||
| 2 | 2 Clerks Notice of Judge Assignment to Judge David S. Leibowitz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pcs) [Transferred from Florida Southern on 2/10/2025.] | |
| 1 | 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Statement of Claim) Filing fee $ 405.00 receipt number AFLSDC-17848463, filed by AT&T Mobility LLC.(Mercado Robles, Yameel) No Answer/Motion to Dismiss filed. Modified on 9/20/2024 (pcs). [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Exhibit Exh A - State Court Complaint,
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Att: 2
Exhibit Exh B - State Court Docket,
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Att: 3
Exhibit Exh C - Federal Civil Cover Sheet
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