MDL No. 2357 - IN RE: Zappos.com, Inc., Customer Data Security Breach Litigation

Filing 202

ORDER denying without prejudice 122 Motion to Dismiss and 124 Motion to Strike; granting 191 Motion to Appoint Counsel. Signed by Judge Robert C. Jones on 9/18/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IN RE ZAPPOS.COM INC., CUSTOMER
DATA SECURITY BREACH
LITIGATION

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3:12-cv-325-RCJ-VPC
ORDER

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Pending before the Court is Defendant’s Motion to Dismiss (ECF No. 122) and
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Defendant’s Motion to Strike (ECF No. 124). The Court also considers Plaintiff’s Joint Motion
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for Appointment of Counsel (ECF No. 191).
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This case arises from a security breach that allegedly compromised the private
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information of Defendant’s customers including names, addresses, and credit card tails. (Preira
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Second Am. Compl. ¶ 32, ECF No. 118). The parties report that they are making good progress
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towards settlement, (ECF Nos. 195, 200), and they have stipulated to stay the proceedings until
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January 2015 pending further mediation, (ECF No. 201). Therefore, the Court, without
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expressing any position on the merits of the case, denies without prejudice Defendant’s motions.
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The Court grants Plaintiffs’ unopposed motion for the appointment of counsel.
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CONCLUSION
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (ECF No. 122) and its
Motion to Strike (ECF No. 124) are DENIED without prejudice.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel (ECF
NO. 191) is GRANTED.
IT IS SO ORDERED.

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Dated: _______________________
September 18, 2014

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_____________________________________
ROBERT C. JONES
United States District Judge

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