Plaintiff, Comcast Move for Transfer of Negligence Suit to Pa.; Citrix Is Dropped
Plaintiff Jessica Carey and defendant Comcast jointly asked the U.S. District Court for Southern Florida in Fort Lauderdale for an order transferring Carey's class action involving the October Citrix Systems data breach to the Eastern District of Pennsylvania in Philadelphia…
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in a Thursday motion (docket 0:24-cv-60008). Carey’s Jan. 3 complaint vs. Citrix and Comcast (see 2401030066) said the defendants failed to collectively secure and safeguard her and other putative class members’ personally identifiable information. The suit asserts claims for negligence, negligence per se, breach of implied contract, breach of third-party beneficiary contract, and unjust enrichment, Carey’s action was one of 12 included in a motion before the Judicial Panel on Multidistrict Litigation to transfer cases in In Re: Citrix Data Security Breach Litigation to the Eastern District of Pennsylvania for coordinated or consolidated pretrial proceedings (see 2401120011). The MDL has since been renamed In Re: Comcast (NetScaler CVE-4966) Customer Data Security Breach Litigation. The first-filed action related to the Citrix Bleed incident was filed in Philadelphia federal court Dec. 19; since then, 16 more cases stemming from the same data breach have been filed against Comcast or Comcast and Citrix and are currently pending in the court, said the motion. Also Thursday, U.S. District Judge Donald Middlebrooks for Southern Florida signed an order dismissing Citrix from Carey’s class action following her March 1 notice of voluntary dismissal.