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

Filing 358

ORDER granting ECF No. 356 Emergency Motion for Administrative Relief Pursuant to Local Rule 7-4 and The All Writs Act, 28 U.S.C. § 1651. Signed by Judge Robert C. Jones on 11/4/2019. (Copies have been electronically distributed pursuant to the NEF - LH) Modified on 11/4/2019 to denote service(LH).

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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IN RE ZAPPOS SECURITY BREACH
LITIGATION,

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Case No.: 3:12-CV-00325-RCJ-VPC
ORDER GRANTING JOINT
EMERGENCY MOTION FOR
ADMINISTRATIVE RELIEF PURSUANT
TO LOCAL RULE 7-4 AND THE ALL
WRITS ACT, 28 U.S.C. § 1651

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The Joint Emergency Motion for Administrative Relief Pursuant to Local Rule 7-4 and

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the All Writs Act, 28 U.S.C. § 1651, (ECF No. 356) (the “Emergency Motion”) came before this

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Court on November 4, 2019. After consideration of the Emergency Motion and briefs presented,

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as well as other matters presented to the Court and good cause having been shown:

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The Court finds that the Fraudulent Website, www.zapposdatabreachsettlement.com, is

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attempting to usurp the role of the plaintiff class and counsel in notifying potential class

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members and in soliciting claims from the same; and are thereby committing a fraud on the

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Court and obstructing these proceedings.
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IT IS HEREBY ORDERED that the Emergency Motion (ECF No. 356) is GRANTED.

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IT IS FURTHER ORDERED that Dynadot, LLC (“Dynadot”) shall immediately, and in

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no instance later than November 5, 2019, take all necessary steps to de-register and place a

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“client hold” on the fraudulent website, www.zapposdatabreachsettlement.com (the “Fraudulent
Website”), to prevent it from being accessed by the public or re-registered with another entity.

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IT IS FURTHER ORDERED that Dynadot shall preserve any and all data and other
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information related to the Fraudulent Website and maintain any and all data for one year from

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date of entry of this Order.

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IT IS FURTHER ORDERED that Dynadot shall file a declaration with the Court
evidencing its compliance with this Order no later than November 11, 2019.

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IT IS FURTHER ORDERED that this Order shall take effect immediately upon its

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service on Dynadot’s registered agent for service of process. No bond is required from Settling

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Parties.

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IT IS FURTHER ORDERED that the Parties will issue a notice to all members of the

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Class informing them of the fraudulent website, re-identifying the correct website for class
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members to register, and establishing a point of contact for any class members who have visited
or used the fraudulent website.
IT IS SO ORDERED.
Dated this 4th day of November 2019.

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_____________________________________
ROBERT C. JONES
United States District Judge

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