Gibson et al v. Equifax Inc
ORDER granting 7 Motion to Stay or in the Alternative Extension of Time to Respond to Complaint. Defendant shall file a notice within 7 days of the JPML's ruling on the motion to consolidate and transfer. Signed by Honorable Timothy D. DeGiusti on 11/30/2017. (mb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBIN GIBSON, individually and on
behalf of all others similarly situated,
Case No. CIV-17-973-D
Before the Court are Defendant’s Motion to Stay or, in the Alternative, for an
Extension of Time to Respond to the Complaint [Doc. No. 7], Defendant’s Supplemental
Motion to Stay, or in the Alternative, for an Extension of Time to Respond to the Complaint
[Doc. No. 10], and Plaintiff’s Notice of Non-Opposition [Doc. No. 11]. Plaintiff filed this
putative class action against Defendant on September 8, 2017, following a data breach in
which personal identifying information of Plaintiff and others was stolen [Doc. No. 1].
Defendant states that more than 200 putative class actions have been filed across the
United States, and a motion for consolidation and transfer under 28 U.S.C. § 1407 has been
filed with the Judicial Panel on Multidistrict Litigation (“JPML”). See In re Equifax, Inc.,
Customer Data Security Breach Litigation, MDL No. 2800 (J.P.M.L. Sept. 11, 2017). That
motion seeks to have related actions consolidated with McGonnigal v. Equifax, Inc., Case
No. CIV-17-3422-WSD (N.D. Ga. Sept. 7, 2017) and transferred to the Northern District
of Georgia. Defendant states that the motion to consolidate is set for a hearing before the
JPML on November 30, 2017, and a ruling is expected sometime in December 2017.
Defendant asks the Court to stay this case pending a ruling on the motion to consolidate.
Plaintiff does not oppose Defendant’s request for a stay [Doc. No. 11].
The Court finds that it would be in the interest of judicial economy and efficiency
to stay this case pending the JPML’s ruling on the motion to consolidate.
IT IS THEREFORE ORDERED that Defendant’s Motion to Stay or, in the
Alternative, for an Extension of Time to Respond to the Complaint [Doc. No. 7] is
GRANTED. This case is stayed until the JPML resolves the motion for consolidation and
transfer under 28 U.S.C. § 1407 filed in In re Equifax, Inc., Customer Data Security Breach
Litigation, MDL No. 2800.
IT IS FURTHER ORDERED that Defendant shall file a notice with the Court within
seven (7) days of the JPML’s ruling on the motion to consolidate and transfer informing
the Court of the status of the case.
DATED this 30th day of November 2017.
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