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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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 IN RE ZAPPOS.COM INC., CUSTOMER DATA SECURITY BREACH LITIGATION 8 ) ) ) ) ) 3:12-cv-325-RCJ-VPC ORDER 9 Pending before the Court is Defendant’s Motion to Dismiss (ECF No. 122) and 10 Defendant’s Motion to Strike (ECF No. 124). The Court also considers Plaintiff’s Joint Motion 11 for Appointment of Counsel (ECF No. 191). 12 This case arises from a security breach that allegedly compromised the private 13 information of Defendant’s customers including names, addresses, and credit card tails. (Preira 14 Second Am. Compl. ¶ 32, ECF No. 118). The parties report that they are making good progress 15 towards settlement, (ECF Nos. 195, 200), and they have stipulated to stay the proceedings until 16 January 2015 pending further mediation, (ECF No. 201). Therefore, the Court, without 17 expressing any position on the merits of the case, denies without prejudice Defendant’s motions. 18 The Court grants Plaintiffs’ unopposed motion for the appointment of counsel. 19 /// 20 /// 21 /// 22 /// 23 /// 24 1 1 2 3 4 5 6 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. 7 8 Dated: _______________________ September 18, 2014 9 10 _____________________________________ ROBERT C. JONES United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2

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