Progress Software Opposes Benefits Group's Motion to Vacate Transfer Order to MOVEIt MDL
Progress Software Corp. (PSC) requests that the U.S. Judicial Panel on Multidistrict Litigation deny Arkansas Local Police and Fire Retirement System’s (LOPFI) motion to vacate conditional transfer order 34 in In Re: MOVEit Customer Data Security Breach Litigation because Arkansas…
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Local Police and Fire Retirement System v. Pension Benefit Information, LLC properly belongs within the MDL, said its response (docket 3083) Tuesday before the panel. The plaintiff doesn’t dispute that its action arose from the same May MOVEit file transfer software vulnerability that’s the subject of the MDL, “which covers cases that share common questions of fact about Progress’s MOVEit software,” the response said. Like other cases in the MDL, the Arkansas action alleges the compromise of plaintiff’s members’ personal information, it said. The JPML has found that for all cases involving the MOVEit data breach, “it would be 'impossible’ to 'disentangl[e] the allegations against Progress (and, in many cases, direct users of MOVEit software like PBI and IBM) from the allegations against other defendants,’” said the response. That LOPFI brings claims solely against PBI, and not PSC or other defendants, “does not bar transfer,” the response said.