This case was last updated from U.S. District Courts on 05/25/2023 at 05:22:14 (UTC).

Florence v. Order Express, Inc.

Case Summary

On December 22, 2022, Eric Florence (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Michael N. Hanna and Ryan D. Maxey of Morgan & Morgan P.A., filed a class action lawsuit against Express, Inc. (“Defendant”), seeking injunctive relief and damages for alleged failure to properly secure and safeguard personal identifiable information (“PII”) of more than 63,000 individuals, including, but not limited to, name, Social Security number, and driver’s license number. This case was filed in the U.S. District Court for the Northern District of Illinois, with Judge Virginia M. Kendall presiding. 

In the complaint, the plaintiff alleged, “Plaintiff brings this nationwide class action on behalf of himself and on behalf of all others similarly situated pursuant to Rule 23(b)(2), 23(b)(3), and 23(c)(4) of the Federal Rules of Civil Procedure.”

Plaintiff further alleged, “Prior to and through September 7, 2022, Defendant obtained the PII of Plaintiff and Class Members, including by collecting it directly from Plaintiff and Class Members.”

The plaintiff also alleged, “Prior to and through September 7, 2022, Defendant stored the PII of Plaintiff and Class Members, unencrypted, in an Internet-accessible environment on Defendant’s network. On or before September 7, 2022, Defendant learned of a data breach on its network that occurred from July 29, 2022 to September 7, 2022 (the ‘Data Breach’). Defendant determined that, during the Data Breach, an unknown actor may have accessed and/or acquired the PII of Plaintiff and Class Members. On or around December 15, 2022, Defendant began notifying various states Attorneys General of the Data Breach. On or around December 15, 2022, Defendant began notifying Plaintiff and Class Members of the Data Breach.”

The plaintiff then alleged, “The exposed PII of Plaintiff and Class Members can be sold on the dark web. Hackers can access and then offer for sale the unencrypted, unredacted PII to criminals. Plaintiff and Class Members now face a lifetime risk of identity theft, which is heightened here by the loss of Social Security numbers, and the sharing and detrimental use of their sensitive information.”

Additionally, the plaintiff alleged, “Plaintiff and Class Members had no idea their PII had been compromised, and that they were, and continue to be, at significant risk of identity theft and various other forms of personal, social, and financial harm, including the sharing and detrimental use of their sensitive information. The risk will remain for their respective lifetimes.”

Further, the plaintiff alleged, “Defendant disregarded the rights of Plaintiff and Class Members by intentionally, willfully, recklessly, or negligently failing to take and implement adequate and reasonable measures to ensure that the PII of Plaintiff and Class Members was safeguarded, failing to take available steps to prevent an unauthorized disclosure of data, and failing to follow applicable, required and appropriate protocols, policies and procedures regarding the encryption of data, even for internal use.”

Plaintiff presented three claims for relief, including for alleged negligence, breach of implied contract, and declaratory judgment. 

In the prayer for relief, the plaintiff requested a judgment granting injunctive relief. The plaintiff also requested an award for actual, consequential, and nominal damages along with pre-judgment interest. 

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-07210

  • Filing Date:

    12/22/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Virginia M. Kendall

 

Party Details

Plaintiffs

Eric Florence

Aisha Bundage

Defendant

Order Express, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Michael N Hanna

Ryan D. Maxey

Defendant Attorneys

Andrew S Chestnut

Jill Heather Fertel

Robert J. Bates, Jr.

 

Court Documents

#25

(#25) MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 5/24/2023 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE) and will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do not have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) (Entered: 05/23/2023)

#24

(#24) MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 5/23/2023. Order Express's Motion to Dismiss #17 is denied. See Opinion for further details. Mailed notice(lk, ) (Entered: 05/23/2023)

#23

(#23) RESPONSE by Order Express, Inc.in Support of MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Fertel, Jill) (Entered: 04/11/2023)

#22

(#22) RESPONSE by Aisha Bundage, Eric Florencein Opposition to MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Maxey, Ryan) (Entered: 04/04/2023)

21 #1

Virtual Hearing Request Form

#21

(#21) MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Status hearing set for 3/30/2023 is stricken. Status hearing set for 5/24/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) (Entered: 03/28/2023)

#20

(#20) STATUS Report Joint Status Report by Aisha Bundage, Eric Florence (Maxey, Ryan) (Entered: 03/27/2023)

#19

(#19) MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #17 . Response due by 4/4/2023; Reply due by 4/11/2023. Initial Status hearing set for 3/30/2023 at 9:00 AM stands and will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) (Entered: 03/21/2023)

#17

(#17) MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. (Chestnut, Andrew) (Entered: 03/16/2023)

#7

(#7) ATTORNEY Appearance for Defendant Order Express, Inc. by Robert J. Bates, Jr (Bates, Robert) (Entered: 01/17/2023)

#6

(#6) ATTORNEY Appearance for Defendant Order Express, Inc. by Andrew S Chestnut (Chestnut, Andrew) (Entered: 01/17/2023)

5 #1

Virtual Hearing Request Form

5 #5

Main Document

#4

(#4) ATTORNEY Appearance for Plaintiff Eric Florence by Ryan D. Maxey (Maxey, Ryan) (Entered: 01/11/2023)

#3

(#3) ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

#2

(#2) CIVIL Cover Sheet (Hanna, Michael) (Entered: 12/28/2022)

1 #1

Exhibit 1_Notice of Data Breach

1 #1

Main Document

17 More Documents Available
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Docket Entries

  • 05/23/2023
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  • Docket(#25) MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 5/24/2023 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE) and will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do not have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) (Entered: 05/23/2023)

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  • 05/23/2023
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  • Docket(#24) MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 5/23/2023. Order Express's Motion to Dismiss #17 is denied. See Opinion for further details. Mailed notice(lk, ) (Entered: 05/23/2023)

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  • 04/11/2023
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  • Docket(#23) RESPONSE by Order Express, Inc.in Support of MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Fertel, Jill) (Entered: 04/11/2023)

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  • 04/04/2023
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  • Docket(#22) RESPONSE by Aisha Bundage, Eric Florencein Opposition to MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Maxey, Ryan) (Entered: 04/04/2023)

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  • 03/28/2023
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  • Docket(#21) MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Status hearing set for 3/30/2023 is stricken. Status hearing set for 5/24/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) (Entered: 03/28/2023)

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  • 03/27/2023
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  • Docket(#20) STATUS Report Joint Status Report by Aisha Bundage, Eric Florence (Maxey, Ryan) (Entered: 03/27/2023)

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  • 03/21/2023
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  • Docket(#19) MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #17 . Response due by 4/4/2023; Reply due by 4/11/2023. Initial Status hearing set for 3/30/2023 at 9:00 AM stands and will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) (Entered: 03/21/2023)

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  • 03/16/2023
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  • Docket(#18) MEMORANDUM by Order Express, Inc. in support of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #17 (Chestnut, Andrew) (Entered: 03/16/2023)

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  • 03/16/2023
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  • Docket(#17) MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. (Chestnut, Andrew) (Entered: 03/16/2023)

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  • 03/07/2023
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  • Docket(#16) MINUTE entry before the Honorable Virginia M. Kendall. Attorney Ernest Koschineg's Motion for leave to appear pro hac vice #14 is granted. Defendant's Motion to Dismiss #10 is dismissed as moot due to Amended Complaint being filed. Initial Status hearing set for 3/30/2023 at 9:00 AM stands. Mailed notice (lk, ) (Entered: 03/07/2023)

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8 More Docket Entries
  • 01/17/2023
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  • Docket(#7) ATTORNEY Appearance for Defendant Order Express, Inc. by Robert J. Bates, Jr (Bates, Robert) (Entered: 01/17/2023)

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  • 01/17/2023
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  • Docket(#6) ATTORNEY Appearance for Defendant Order Express, Inc. by Andrew S Chestnut (Chestnut, Andrew) (Entered: 01/17/2023)

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  • 01/13/2023
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  • Docket(#5) MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 3/30/2023 at 9:0 a.m. which will proceed in Courtroom 2503. Joint Status Report due by 3/27/2023. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) (Entered: 01/13/2023)

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  • 01/11/2023
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Eric Florence by Ryan D. Maxey (Maxey, Ryan) (Entered: 01/11/2023)

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  • 12/29/2022
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  • Docket(#3) ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

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  • 12/29/2022

  • DocketSUMMONS Issued as to Defendant Order Express, Inc. (lm, ) (Entered: 12/29/2022)

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  • 12/28/2022

  • DocketCLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) (Entered: 12/28/2022)

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  • 12/28/2022

  • DocketCASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (smb, ) (Entered: 12/28/2022)

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  • 12/28/2022
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  • Docket(#2) CIVIL Cover Sheet (Hanna, Michael) (Entered: 12/28/2022)

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  • 12/28/2022
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  • Docket(#1) COMPLAINT filed by Eric Florence; Jury Demand. Filing fee $ 402, receipt number AILNDC-20176260. (Attachments: #1 Exhibit 1_Notice of Data Breach)(Hanna, Michael) (Entered: 12/28/2022)

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