Progress Software Asks to Stay Negligence Action Ahead of JPML Transfer Ruling
Progress Software seeks to stay the proceedings in a negligence lawsuit pending a ruling by the Judicial Panel on Multidistrict Litigation on transfer proceedings in MOVEit Customer Data Security Breach Litigation (docket 3083), said its unopposed motion Tuesday (docket 0:23-cv-02028)…
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in U.S. District Court for Minnesota. Plaintiff Bruce Bailey and defendant Pension Benefit Information (PBI) don’t oppose the motion. Bailey, the named plaintiff in Bailey v. Progress Software Corp. and PBI, moved the JPML last month (see 2307120053) to transfer and centralize nine related actions to the Minnesota court. The related actions allege Progress Software bears responsibility for a May 28 data breach in which data of over 15 million people was stolen as part of a security breach by Russian ransomware group CL0P. As of Tuesday, 34 similar actions have begun in nine U.S. district courts and one state court, said the motion. The parties have conferred about the transfer motion and anticipate they independently will support centralization of the proceedings under Section 1407, although Progress and PBI believe the actions should be transferred to the District of Massachusetts, said the motion. Progress asked the Minnesota court to stay the action until at least 30 days after entry of the JPML’s final determination of the transfer motion.