Braverman v. AT&T Mobility LLC
| Texas Northern District Court | |
| Judge: | Ada Brown |
| Case #: | 3:25-cv-00321 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Feb 10, 2025 |
| Terminated: | Feb 10, 2025 |
| Case in other court: | Florida Southern, 1:24-cv-23685 |
| Last checked: Monday Feb 10, 2025 11:08 AM CST |
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Petitioner
Steven Braverman
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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 | ||
| 24 | 24
order
Order Consolidating Cases
Mon 02/10 11:45 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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| 23 | 23
utility
Electronic Case Transferred In - District Transfer (Public Entry)
Mon 02/10 10:08 AM
Case electronically transferred in from District of Florida Southern; Case Number 1:24-cv-23685. 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 | ||
| 22 | 22
Certified 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 | ||
| 21 | 21
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 04, 2024 | ||
| 20 | 20
STATUS REPORT Regarding Transfer by AT&T Mobility LLC (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| Monday, November 25, 2024 | ||
| 19 | 19 PAPERLESS ORDER STAYING PROCEEDINGS. THIS CAUSE came before the Court upon Defendant AT&T Mobility LLC's Unopposed Motion for Extension of Deadline to Respond to Complaint.18 . Therein, Defendant AT&T requests a thirty (30) day extension of time to file a response to Plaintiff's Complaint as Plaintiff's case was transferred to the MDL, but the Panel is currently adjudicating Plaintiff's Motion to Vacate the MDL transfer. Id. at 2. "It is common practice for courts to stay an action pending a transfer decision by the JPML." Bonenfant v. R.J. Reynolds Tobacco Co., No. 07-cv-60301, 2007 WL 2409980, at *1 (S.D. Fla. July 31, 2007). Courts commonly stay such actions because stay pending a Panel's "decision can increase efficiency and consistency, particularly when the transferor court believes that a transfer order is likely and when the pending motions raise issues likely to be raised in other cases as well." Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the case is STAYED pending a decision regarding the transfer of this action. The Clerk of the Court is instructed to CLOSE the case for administrative purposes. In the event that the Panel vacates the Transfer Order, any Party may move to reopen this case. Signed by Judge K. Michael Moore on 11/25/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] | |
| Case Stayed Closing Case. (dp01) [Transferred from Florida Southern on 2/10/2025.] | ||
| Friday, November 22, 2024 | ||
| 18 | 18
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, November 15, 2024 | ||
| 17 | 17 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Continue Deadline to File a Joint Scheduling Report.16 . Therein, Defendant states that on June 5, 2024, the Judicial Panel on Multidistrict Litigation issued a Transfer Order consolidating actions related to an incident wherein AT&T specific data fields were contained in a data set released online. Id. This action was removed to this Court by Defendant then conditionally transferred to the MDL on October 10, 2024. Id. Plaintiff, however, has filed a motion to remand and a motion to vacate the conditional transfer order. Id. Defendant requests the deadline to file a Joint Scheduling Report be continued "pending resolution of transfer and remand issues." Id. Plaintiff does not oppose the relief sought in the Motion. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion16 is GRANTED. The Parties' obligations to file a joint scheduling report are stayed pending resolution of the transfer issues. The Parties are further INSTRUCTED to file a status report on or before December 4, 2024, as to the status of the case's transfer to the Texas MDL. Signed by Judge K. Michael Moore on 11/15/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] | |
| Set Deadlines: Status Report due by 12/4/2024 per DE 17 . (wce) [Transferred from Florida Southern on 2/10/2025.] | ||
| Tuesday, November 12, 2024 | ||
| 16 | 16
Unopposed MOTION to Continue Deadline to File a Joint Scheduling Report re 3 Pretrial Order,,,,,,,,,,,,,,,,,,,, by AT&T Mobility LLC. Responses due by 11/26/2024.(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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| Monday, November 04, 2024 | ||
| 15 | 15
Plaintiff's REPLY to Response to Motion re11 Plaintiff's MOTION to Remand to State Court filed by Steven Braverman. (Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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| Friday, November 01, 2024 | ||
| 14 | 14 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Answer Deadline.12 . Therein, Defendant AT&T Mobility LLC requests a thirty-day extension of time to file a response to Plaintiff's Complaint. Id. In support, Defendant states that on June 5, 2024, the Judicial Panel on Multidistrict Litigation issued a Transfer Order consolidating actions related to an incident wherein AT&T specific data fields were contained in a data set released online. Id. Defendant, after removing this action on September 25, 2024, intends to tag this action for inclusion in the MDL, given this action stems from the underlying incident in the MDL. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion9 is GRANTED. Defendant shall respond to the Complaint on or before December 2, 2024. Signed by Judge K. Michael Moore on 11/1/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] | |
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RESPONSE in Opposition re11 Plaintiff's MOTION to Remand to State Court filed by AT&T Mobility LLC. Replies due by 11/8/2024. (Mercado Robles, Yameel) [Transferred from Florida Southern on 2/10/2025.]
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| Set Response/Answer Due Deadline: AT&T Mobility LLC response/answer due 12/2/2024 per DE 14 . (wce) [Transferred from Florida Southern on 2/10/2025.] | ||
| Wednesday, October 30, 2024 | ||
| 12 | 12
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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| Friday, October 18, 2024 | ||
| 11 | 11
Plaintiff's MOTION to Remand to State Court by Steven Braverman.(Udell, Maury) [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Exhibit 1- AT&T Reveals Data Breach,
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Att: 2
Exhibit 2 - Plainitff's Motion For Leave to File Amended Complaint,
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Att: 3
Exhibit 3 - Wireless Agreement with Plaintiff
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| Tuesday, October 01, 2024 | ||
| 10 | 10 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Answer Deadline.9 . Therein, Defendant AT&T Mobility LLC requests a thirty-day extension of time to file a response to Plaintiff's Complaint. Id. In support, Defendant states that on June 5, 2024, the Judicial Panel on Multidistrict Litigation issued a Transfer Order consolidating actions related to an incident wherein AT&T specific data fields were contained in a data set released online. Id. Defendant, after removing this action on September 25, 2024, intends to tag this action for inclusion in the MDL, given this action stems from the underlying incident in the MDL. Id. at 2. Plaintiff does not oppose the requested relief. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion9 is GRANTED. Defendant shall respond to the Complaint on or before November 1, 2024. Signed by Judge K. Michael Moore on 10/1/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] | |
| Set Response/Answer Due Deadline: AT&T Mobility LLC response/answer due 11/1/2024 per DE 10 . (wce) [Transferred from Florida Southern on 2/10/2025.] | ||
| Monday, September 30, 2024 | ||
| 9 | 9
Unopposed 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 27, 2024 | ||
| 8 | 8
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 EXHIBIT A
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| 7 | 7
Corporate Disclosure Statement by AT&T Mobility LLC identifying Other Affiliate AT&T Inc., Other Affiliate SBC Long Distance LLC, 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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| Thursday, September 26, 2024 | ||
| 6 | 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/26/2024. See attached document for full details. (wce) [Transferred from Florida Southern on 2/10/2025.]
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| 5 | 5
NOTICE of Attorney Appearance by Kenneth B Schurr on behalf of Steven Braverman. Attorney Kenneth B Schurr added to party Steven Braverman(pty:pla). (Schurr, Kenneth) [Transferred from Florida Southern on 2/10/2025.]
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| 4 | 4 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 9/26/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] | |
| 3 | 3
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I.
The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).
Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.
Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours.
9/26/2024. (dp01) [Transferred from Florida Southern on 2/10/2025.] |
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| Wednesday, September 25, 2024 | ||
| 2 | 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (wce) [Transferred from Florida Southern on 2/10/2025.] | |
| 1 | 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Second Amended Statement of Claim) Filing fee $ 405.00 receipt number AFLSDC-17862183, filed by AT&T Mobility LLC. (Answer Ex2 Pg 671/ Motion to Dismiss Ex2 Pg76)(Mercado Robles, Yameel) Modified Text on 9/25/2024 (wce). [Transferred from Florida Southern on 2/10/2025.]
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Att: 1
Exhibit Ex A - State Court Complaint,
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Att: 2
Exhibit Ex B - State Court Docket,
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Att: 3
Exhibit Ex C - Civil Cover Sheet
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