Plaintiff, Spirit Airlines Move to Transfer Wiretapping Case to Western Pa.
Plaintiff Kayla Mandeng and defendant Spirit Airlines jointly move for an order transferring Mandeng’s wiretapping class action to the Western District of Pennsylvania, where it can be consolidated with two earlier-filed “factually similar” cases with “nearly identical claims,” said their…
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joint motion Monday (docket 3:23-cv-00233) in U.S. District Court for Southern California in San Diego. The two cases are Smidga v. Spirit Airlines (docket 2:22-cv-01578), filed Nov. 7 in the Western District of Pennsylvania, and Curd v. Spirit Airlines (docket 1:22-cv-03174), filed Dec. 8 in the District of Maryland. Pretrial consolidation with the two factually similar cases “will serve the interests of justice and convenience of the parties because the parties may coordinate on briefing and discovery issues that are likely to be the same across all three cases and avoid potentially conflicting rulings and duplicative discovery,” said the motion. Mandeng’s complaint, filed Feb. 7, alleges Spirit hires third-party vendors, such as FullStory, to embed snippets of JavaScript computer code, called “session replay code,” in its website visitors' internet browsers (see 2302080044). The code then intercepts and records the visitors' activity, right down to their mouse movements, clicks, keystrokes and URLs of web pages they visit, it said. The vendors use the captured website communications to create a video replay of users' behavior on the website and provide it to Spirit for analysis, said Mandeng's complaint.