Judge Denies Pro Se Plaintiff's Motion for Separate Trials in Capital One Data Breach Suit
Pro se plaintiff Venton Smith’s motion for separate trials in his lawsuit against over 20 banks, credit reporting agencies and retail companies arising from the 2019 Capital One data breach is "premature,” said U.S. District Judge Araceli Martinez-Olguin in an…
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order Monday (docket 3:23-cv-02804) in U.S. District Court for Northern California in San Francisco. Smith filed his case June 7, claiming his personally identifiable information was exposed in the breach, in which an Amazon Web Services employee stole data affecting about 106 million customers. Judge Martinez-Olguin said since the filing, several defendants have been dismissed and further dismissals are anticipated based on recent notices of settlement. Upon reassignment of the case to Martinez-Olguin on Nov. 9, all pending motions were taken off the calendar and pending motions not resolved by Monday’s order must be re-noticed for hearing, said the order. Last week, Smith filed notices of settlement with Citibank, Macy’s and Best Buy.