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This case was last updated from PACER on 06/05/2021 at 08:58:09 (UTC).

Chu et al v. Ledger SAS et al

Case Summary

On April 6, 2021, John Chu (“Chu”) and Edward Baton (“Baton”), (collectively, Plaintiffs”), represented by Todd Michael Schneider of Schneider Wallace Cottrell Konecky LLP individually and on behalf of other similarly situated, brought a data breach class action lawsuit against Defendants Ledger SAS and Ledger Technologies Inc. (“Ledger Technologies”), (collectively, “Ledger”) and Defendants Shopify Inc., and Shopify (USA) Inc. (“collectively, “Shopify”). This case was filed in the U.S. District Court for the District of California with Judge Edward M. Chen presiding. 

 

In the complaint, the Plaintiffs have alleged that “Over the past year, however, Ledger repeatedly and profoundly failed to protect its customers’ identities, causing targeted  attacks on thousands of its customers’ crypto-assets and causing Class members to receive far less security than they thought they purchased when they purchased a Ledger wallet.” Further, “In mid-2020, between April and June, hackers found and exploited a database vulnerability at Ledger and its e-commerce vendor, Shopify, to obtain a list of Ledger’s customers, as well as email addresses and other contact information. By June 2020, Ledger’s customer list had made its way onto the internet’s black market, making Ledger wallet owners vulnerable.”

 

The Plaintiffs have further alleged that “rather than acting to protect its customers, Ledger stood still. It initially denied that any breach had occurred and continued to claim its products provided the best possible protection for crypto-assets. As the customer list began to spread on the dark web, Ledger admitted the existence of the breach but nevertheless disputed its publicly-reported scope.” Also, “Ledger’s and Shopify’s misconduct has made targets of Ledger customers, with their identities known or available to every hacker in the world. Ledger’s persistently deficient response compounded the harm. In failing to individually notify customers or admit to the full scope of the breach, Ledger left customers unaware of the data breaches and concomitant hacking risks. The natural and foreseeable result was that many customers fell victim to hackers’ phishing emails disguised as emails from Ledger.”

 

There are six causes of action as laid down by the Plaintiffs. The first cause of action on behalf of Plaintiffs, the Nationwide Class, and the Nationwide Phishing Subclass and, alternatively, on Behalf of the Remaining Non-Consumer Subclasses) is for alleged negligence. The second cause of action is for alleged negligence per se under Section 5 of the FTC Act, 15 U.S.C. § 45. The third cause of action is for application of the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., which authorises the Court to enter a judgment declaring the rights and legal relations of the parties and grant further necessary relief. The fourth cause of action is under California’s Unfair Competition Law which prohibits “unfair competition,” which Ledger and Shopify allegedly violated and the Defendants are “person” as per Cal. Bus. & Prof. Code § 17201. The fifth cause of action is for the alleged violation of California Civil Remedies Act. The sixth cause of action is for the alleged violation of Georgia Uniform Deceptive Trade Practices Act. 

 

In their Prayer for Relief, the Plaintiffs have requested the Court to maintain the action as class action, and enter an order declaring that Defendants’ actions violate the laws as mentioned in the action. The Plaintiffs have further requested the Court to award appropriate equitable damages, including but not limited to: an Order requiring Defendants to cooperate and financially support civil and/or criminal asset recovery efforts; interest and attorney’s fees; and any other relief that the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-02470

  • Filing Date:

    04/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Edward M. Chen

 

Party Details

Plaintiffs

John Chu

Edward Baton

Defendants

Shopify Inc.

Ledger SAS

Ledger Technologies INC.

Shopify (USA) Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Todd Michael Schneider

Attorney at Schneider Wallace Cottrell Konecky LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

Kyle William Roche

Attorney at Roche Freedman LLP

99 Park Avenue, 19Th Floor

New York, NY 10016

Constantine Philip Economides

Attorney at Roche Freedman LLP

200 South Biscayne Boulevard

Miami, FL 33131

Jolie Huang

Attorney at Roche Freedman LLP

99 Park Avenue, 19Th Floor

New York, NY 10016

Velvel (Devin) Freedman

Attorney at Roche Freedman LLP

200 South Biscayne Boulevard

Miami, FL 33131

Kyle G. Bates

Attorney at Schneider Wallace Cottrell Konecky LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

Richard Robert Cipolla

Attorney at Roche Freedman LLP

99 Park Avenue, 19Th Floor

New York, NY 10016

Jason H. Kim

Attorney at Schneider Wallace Cottrell Konecky LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

Matthew Sinclair Weiler

Attorney at Schneider Wallace Cottrell Konecky et al

2000 Powell Street, Suite 1400

Emeryville, CA 94608

 

Court Documents

#23

(#23) ORDER by Judge Edward M. Chen granting #22 Stipulation. Amended Complaint due 6/9/2021. Response due 7/26/2021. Plaintiffs opposition briefs for any motions to dismiss are due 9/9/2021; Defendants reply briefs for any motions to dismiss are due 10/7/2021; and Defendants will notice any motions to dismiss for hearing on Thursday, October 21, 2021, at 1:30 p.m. (afmS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)

#22

(#22) STIPULATION WITH PROPOSED ORDER filed by Edward Baton, John Chu. (Weiler, Matthew) (Filed on 5/28/2021) (Entered: 05/28/2021)

#21

(#21) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 8/19/2021 09:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 8/12/2021. Signed by Judge Edward M. Chen on 4/30/2021. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#20

(#20) ORDER by Judge Edward M. Chen granting #12 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#19

(#19) ORDER by Judge Edward M. Chen granting #11 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#18

(#18) ORDER by Judge Edward M. Chen granting #5 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#17

(#17) ORDER by Judge Edward M. Chen granting #4 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#12

(#20) ORDER by Judge Edward M. Chen granting #12 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#11

(#19) ORDER by Judge Edward M. Chen granting #11 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#5

(#18) ORDER by Judge Edward M. Chen granting #5 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#4

(#17) ORDER by Judge Edward M. Chen granting #4 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

#3

(#16) ORDER by Judge Edward M. Chen granting #3 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

1 #5

Summons Summons to Shopify Inc.

1 #4

Summons Summons to Shopify (USA) Inc.

1 #3

Summons Summons to Ledger Technologies Inc.

1 #2

Summons Summons to Ledger SAS

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#1) CLASS ACTION COMPLAINT; Demand for Jury Trial against Ledger SAS, Ledger Technologies INC., Shopify (USA) Inc., Shopify Inc. (Filing fee $ 402.00, receipt number 0971-15802948.). Filed by John Chu, Edward Baton. (Attachments: #1 Civil Cover Sheet, #2 Summons to Ledger SAS, #3 Summons to Ledger Technologies Inc., #4 Summons to Shopify (USA) Inc., #5 Summons to Shopify Inc.) (Schneider, Todd) (Filed on 4/6/2021) Modified on 4/7/2021 (gbaS, COURT STAFF). (Entered: 04/06/2021)

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Docket Entries

  • 06/01/2021
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  • Docket(#23) ORDER by Judge Edward M. Chen granting #22 Stipulation. Amended Complaint due 6/9/2021. Response due 7/26/2021. Plaintiffs opposition briefs for any motions to dismiss are due 9/9/2021; Defendants reply briefs for any motions to dismiss are due 10/7/2021; and Defendants will notice any motions to dismiss for hearing on Thursday, October 21, 2021, at 1:30 p.m. (afmS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)

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  • 05/28/2021
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  • Docket(#22) STIPULATION WITH PROPOSED ORDER filed by Edward Baton, John Chu. (Weiler, Matthew) (Filed on 5/28/2021) (Entered: 05/28/2021)

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  • 04/30/2021
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  • Docket(#21) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 8/19/2021 09:30 AM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 8/12/2021. Signed by Judge Edward M. Chen on 4/30/2021. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/30/2021
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  • Docket(#20) ORDER by Judge Edward M. Chen granting #12 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/30/2021
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  • Docket(#19) ORDER by Judge Edward M. Chen granting #11 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/30/2021
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  • Docket(#18) ORDER by Judge Edward M. Chen granting #5 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/30/2021
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  • Docket(#17) ORDER by Judge Edward M. Chen granting #4 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/30/2021
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  • Docket(#16) ORDER by Judge Edward M. Chen granting #3 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/30/2021) (Entered: 05/02/2021)

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  • 04/23/2021
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  • Docket(#15) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 4/23/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

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  • 04/23/2021
  • Docket(#14) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

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3 More Docket Entries
  • 04/07/2021
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  • Docket(#10) Summons Issued as to Shopify (USA) Inc.. (gbaS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#9) Summons Issued as to Shopify Inc.. (gbaS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#8) Summons Issued as to Ledger Technologies Inc.. (gbaS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#7) Summons Issued as to Ledger SAS. (gbaS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (gbaS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#5) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15808617.) filed by Edward Baton, John Chu. (Freedman, Velvel (Devin)) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15808603.) filed by Edward Baton, John Chu. (Roche, Kyle) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#3) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15808567.) filed by Edward Baton, John Chu. (Cipolla, Richard) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/07/2021
  • Docket(#2) Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/21/2021. (mbcS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#1) CLASS ACTION COMPLAINT; Demand for Jury Trial against Ledger SAS, Ledger Technologies INC., Shopify (USA) Inc., Shopify Inc. (Filing fee $ 402.00, receipt number 0971-15802948.). Filed by John Chu, Edward Baton. (Attachments: #1 Civil Cover Sheet, #2 Summons to Ledger SAS, #3 Summons to Ledger Technologies Inc., #4 Summons to Shopify (USA) Inc., #5 Summons to Shopify Inc.) (Schneider, Todd) (Filed on 4/6/2021) Modified on 4/7/2021 (gbaS, COURT STAFF). (Entered: 04/06/2021)

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