Allen et al v. Blackbaud Inc

Filing 107

CASE MANAGEMENT ORDER NO. 15 (SUMMARY OF CASE MANAGEMENT CONFERENCE NO. 9). This Order relates to all actions. Signed by Honorable J Michelle Childs on 1/18/2022. Associated Cases: 3:20-mn-02972-JMC et al.(asni, )

3:20-cv-02930-JMC

Date Filed 01/18/22

Entry Number 107

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
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IN RE: BLACKBAUD, INC.,
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CUSTOMER DATA BREACH
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LITIGATION
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____________________________________)

Case No.: 3:20-mn-02972-JMC
MDL No. 2972
CASE MANAGEMENT ORDER NO. 15
(SUMMARY OF CASE MANAGEMENT
CONFERENCE NO. 9)

THIS DOCUMENT RELATES TO: ALL ACTIONS
On January 11, 2022, the court held a case management conference, and addressed the
following issues:
1. TAG-ALONG ACTIONS INVOLVING NON-BLACKBAUD DEFENDANTS
The four (4) pending cases involving non-Blackbaud Defendants are Cohen v. Blackbaud,
Inc. et al (3:21-cv-00948-JMC), Peterson v. Allina Health System (3:21-cv-00989-JMC), Mesa et.
al. v. Enloe Medical Center (3:21-cv-01872-JMC), and Bell (f/k/a Jobe) v. Community Medical
Centers (3:21-cv-02461-JMC). Plaintiffs’ counsel represented that the parties in the cases with
non-Blackbaud Defendants are not in agreement regarding how to proceed and whether to lift the
stay on these proceedings. The court held a status conference to discuss these cases on Tuesday,
January 18, 2022.
2. DISCOVERY: INSPECTION PROTOCOL
The parties had their first phone call to discuss the protocol for Plaintiffs’ inspection of
Blackbaud’s servers but have not made significant progress in moving towards an agreement. The
court directed the parties to meet with the Special Master at least every seven (7) days to discuss
discovery issues moving forward, particularly the exchange of data related to the breach. The

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3:20-cv-02930-JMC

Date Filed 01/18/22

Entry Number 107

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court directed the parties to submit a proposed order regarding notification of Blackbaud customers
of the litigation and potential disclosure of data.
3. APPLICATIONS FOR LEADERSHIP RE-APPOINTMENT
In Case Management Order No. 5, the court appointed leadership counsel for a one-year
term set to expire on February 16, 2022. (ECF No. 35 at 7.) At the January 11, 2022 Case
Management Conference, the court reappointed leadership counsel by oral order upon finding that
counsel have fulfilled their responsibilities and zealously advocated for their clients thus far. If
there is a need to revisit these appointments, the court will notify counsel and establish an
appropriate reappointment application process.
4. SCHEDULING
The court plans to discuss the imposition of a new scheduling order at the next Case
Management Conference, which is scheduled virtually for February 18, 2022 at 9:30 a.m. Counsel
is directed to submit proposed scheduling orders by February 15, 2022.
IT IS SO ORDERED.

United States District Judge
January 18, 2022
Columbia, South Carolina

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