This case was last updated from U.S. District Courts on 10/30/2021 at 08:10:22 (UTC).

Avery et al v. T-Mobile USA Inc

Case Summary

On August 31, 2021, Devon Avery, Blondel Garner, Brian Hayes, Daniel Moon and Timothy Ryan, individually and on behalf of all others similarly situated, (“Plaintiffs”), represented by Derek W. Loeser, Emma Marguerite Wright, Gretchen Freeman Cappio and Juli E. Farris of Keller Rohrback LLP and Thomas E. Loeser of Hagens Berman Sobol Shapiro LLP, filed a data breach class action against T-Mobile USA, Inc. (“T-Mobile” or “Defendant”), seeking monetary damages, restitution and/or injunctive relief for an alleged data breach through which their Personally Identifiable Information (“PII”) was compromised due to a breach of legal duty by the Defendant. This case was filed in U.S. District Court in the Western District of Washington with Judge Barbara J. Rothstein presiding

In their complaint, Plaintiffs alleged that, “T-Mobile owed a duty to Plaintiffs and Class Members, arising from the sensitivity of the information, the expectation the information was going to be kept private, and the foreseeability of its data safety shortcomings resulting in an intrusion, to exercise reasonable care in safeguarding their sensitive personal information. This duty included, among other things, designing, implementing, maintaining, monitoring, and testing T-Mobile’s networks, systems, protocols, policies, procedures and practices to ensure that Plaintiffs’ and Class Members’ information was adequately secured from unauthorized access.”

Plaintiffs also alleged that, “T-Mobile breached its duties by, among other things: (a) failing to implement and maintain adequate data security practices to safeguard Plaintiffs’ and Class Members’ PII, including administrative, physical, and technical safeguards; (b) failing to detect the Data Breach in a timely manner; and (c) failing to disclose that its data security practices were inadequate to safeguard Plaintiffs’ and Class Members’ PII.”

Plaintiffs further alleged that, “As a result of T-Mobile’s negligent failure to prevent the Data Breach, Plaintiffs and Class Members suffered injury, which includes but is not limited to exposure to a heightened and imminent risk of fraud, identity theft, and financial harm. Plaintiffs and Class Members must monitor their financial accounts and credit histories more closely and frequently to guard against identity theft. Plaintiffs and Class Members have also incurred, and will continue to incur on an indefinite basis, out-of-pocket costs for obtaining credit reports, credit freezes, credit monitoring services, and other protective measures to deter and detect identity theft. The unauthorized acquisition of Plaintiffs’ and Class Members’ PII has also diminished the value of the PII.”

Plaintiffs have laid down seventeen claims for relief, wherein the first claim alleged is for Negligence, the second claim alleged is for Negligence Per Se, the third claim alleged is for Gross Negligence, the fourth claim alleged is for breach of express contracts, the fifth claim alleged is for breach of implied contract, the sixth claim alleged is for breach of implied duty of good faith and fair dealing, the seventh claim alleged is for unjust enrichment which is in alternative to the breach of contract claim, the eight claim alleged is for Declaratory Judgment and claims nine to fourteen are on behalf of state class/laws of California, Minnesota, Tennessee and Washington. 

In their prayer for relief, Plaintiffs requested the Court to certify this as a class action; adjudge that Defendant has breached its duty towards Plaintiff and Class Members; award equitable, injunctive and declaratory relief as may be appropriate; and award all costs, including experts’ fees and attorneys’ fees, and the costs of litigation together with re-judgment and post-judgment interest as prescribed by law. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01189

  • Filing Date:

    08/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Barbara J. Rothstein

 

Party Details

Plaintiffs

Devon Avery

Blondel Garner

Brian Hayes

Daniel Moon

Timothy Ryan

Defendant

T-Mobile USA Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Derek W Loeser

Attorney at KELLER ROHRBACK LLP (WA)

1201 3Rd Ave, Ste 3200

Seattle, WA 98101-3052

Gretchen Freeman Cappio

Attorney at KELLER ROHRBACK LLP (WA)

1201 3Rd Ave, Ste 3200

Seattle, WA 98101-3052

Juli E. Farris

Attorney at KELLER ROHRBACK LLP (WA)

1201 3Rd Ave, Ste 3200

Seattle, WA 98101-3052

Thomas E Loeser

Attorney at HAGENS BERMAN SOBOL SHAPIRO LLP (WA)

1301 2Nd Avenue, Ste 2000

Seattle, WA 98101

Cari Campen Laufenberg

Attorney at KELLER ROHRBACK LLP (WA)

1201 3Rd Ave, Ste 3200

Seattle, WA 98101-3052

Emma Marguerite Wright

Attorney at KELLER ROHRBACK LLP (WA)

1201 3Rd Ave, Ste 3200

Seattle, WA 98101-3052

Defendant Attorneys

Kristine McAlister Brown

Attorney at ALSTON & BIRD LLP (GA)

1201 W Peachtree St, One Atlantic Ctr

Atlanta, GA 30309-3432

Kathleen M O'Sullivan

Attorney at PERKINS COIE (SEA)

1201 3Rd Ave Ste 4900

Seattle, WA 98101-3099

Lauren Jeffers Tsuji

Attorney at PERKINS COIE (SEA)

1201 3Rd Ave Ste 4900

Seattle, WA 98101-3099

Steve Y Koh

Attorney at PERKINS COIE (SEA)

1201 3Rd Ave Ste 4900

Seattle, WA 98101-3099

 

Court Documents

#1

1 #1

Civil Cover Sheet

1 #2

Summons

#2

#3

#4

#5

#6

(#6) NOTICE of Appearance by attorney Cari Campen Laufenberg on behalf of Plaintiffs Devon Avery, Blondel Garner, Brian Hayes, Daniel Moon, Timothy Ryan. (Laufenberg, Cari) (Entered: 09/07/2021)

#7

(#7) STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 09/10/2021)

#8

(#8) NOTICE of Appearance by attorney Steve Y Koh on behalf of Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 09/23/2021)

#9

(#9) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent T-Mobile US, Inc. for T-Mobile USA Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by T-Mobile USA Inc (Koh, Steve) (Entered: 09/23/2021)

#10

(#10) APPLICATION OF ATTORNEY Kristine McAlister Brown FOR LEAVE TO APPEAR PRO HAC VICE for Defendant T-Mobile USA Inc (Fee Paid) Receipt No. AWAWDC-7263894 (Koh, Steve) (Entered: 09/23/2021)

#11

(#11) Stipulated MOTION and Order to Extend Time to Answer Complaint, filed by Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 09/23/2021)

#13

(#13) STIPULATION AND ORDER granting Parties' #11 Stipulated Motion to Extend Time to Answer Complaint. Defendant shall have until 11/17/2021 to answer or otherwise respond to Plaintiffs' complaint. Signed by Judge Barbara J. Rothstein. (SB) (Entered: 09/24/2021)

#14

(#14) Stipulated MOTION to Extend Time to Answer Complaint, filed by Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 10/27/2021)

#15

(#15) STIPULATION AND ORDER granting Parties' #14 Stipulated MOTION to Extend Time to Answer Complaint. Signed by Judge Barbara J. Rothstein.(MW) (Entered: 10/28/2021)

5 More Documents Available
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Docket Entries

  • 10/28/2021
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  • Docket(#15) STIPULATION AND ORDER granting Parties' #14 Stipulated MOTION to Extend Time to Answer Complaint. Signed by Judge Barbara J. Rothstein.(MW) (Entered: 10/28/2021)

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  • 10/27/2021
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  • Docket(#14) Stipulated MOTION to Extend Time to Answer Complaint, filed by Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 10/27/2021)

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  • 09/24/2021
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  • Docket(#13) STIPULATION AND ORDER granting Parties' #11 Stipulated Motion to Extend Time to Answer Complaint. Defendant shall have until 11/17/2021 to answer or otherwise respond to Plaintiffs' complaint. Signed by Judge Barbara J. Rothstein. (SB) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#12) ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kristine McAlister Brown for defendant T-Mobile USA Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 09/24/2021)

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  • 09/23/2021
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  • DocketAttorneys Kathleen M O'Sullivan and Lauren Jeffers Tsuji added for T-Mobile USA Inc; per #8 Notice of Appearance. (SR) (Entered: 09/24/2021)

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  • 09/23/2021
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  • Docket(#11) Stipulated MOTION and Order to Extend Time to Answer Complaint, filed by Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#10) APPLICATION OF ATTORNEY Kristine McAlister Brown FOR LEAVE TO APPEAR PRO HAC VICE for Defendant T-Mobile USA Inc (Fee Paid) Receipt No. AWAWDC-7263894 (Koh, Steve) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#9) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent T-Mobile US, Inc. for T-Mobile USA Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by T-Mobile USA Inc (Koh, Steve) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#8) NOTICE of Appearance by attorney Steve Y Koh on behalf of Defendant T-Mobile USA Inc. (Koh, Steve) (Entered: 09/23/2021)

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  • 09/10/2021
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  • Docket(#7) STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 09/10/2021)

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  • 09/07/2021
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  • Docket(#6) NOTICE of Appearance by attorney Cari Campen Laufenberg on behalf of Plaintiffs Devon Avery, Blondel Garner, Brian Hayes, Daniel Moon, Timothy Ryan. (Laufenberg, Cari) (Entered: 09/07/2021)

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  • 09/01/2021
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  • Docket(#5) MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. (AQ) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#4) Summons Electronically Issued as to defendant T-Mobile USA Inc (CDA) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#3) Notice of Filing Deficiency re #1 Complaint,,. ***Action Required*** Improper Signature - Secondary Attorney(s).See attached letter for more information and instructions. (CDA)ad hoc attorney Laufenberg (Entered: 09/01/2021)

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  • 09/01/2021
  • DocketHon. Brian A Tsuchida added. (CDA) (Entered: 09/01/2021)

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  • 08/31/2021
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  • Docket(#2) NOTICE of Related Case(s) 21-cv-01118-BAT, 21-cv-01119-BJR, 21-cv-1130-JRC, 21-cv-01137-RSL, 21-cv-01138-RSL, 21-cv-01139-RAJ, 21-cv-01148-RSL, 21-cv-01153, 21-cv-01157-TLF, 21-cv-01161-RSL, 21-cv-01169, 21-cv-01179, by Plaintiffs Devon Avery, Blondel Garner, Brian Hayes, Daniel Moon, Timothy Ryan. (Wright, Emma) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#1) COMPLAINT against defendant(s) T-Mobile USA Inc with JURY DEMAND (Receipt # AWAWDC-7231855) Attorney Emma Marguerite Wright added to party Devon Avery(pty:pla), Attorney Emma Marguerite Wright added to party Blondel Garner(pty:pla), Attorney Emma Marguerite Wright added to party Brian Hayes(pty:pla), Attorney Emma Marguerite Wright added to party Daniel Moon(pty:pla), Attorney Emma Marguerite Wright added to party Timothy Ryan(pty:pla), filed by Blondel Garner, Brian Hayes, Devon Avery, Timothy Ryan, Daniel Moon. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Wright, Emma) (Attachment 1 replaced to flatten malformed PDF on 8/31/2021) (STP). (Entered: 08/31/2021)

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