This case was last updated from U.S. District Courts on 05/25/2023 at 11:41:56 (UTC).

Koeller v. Numrich Gun Parts Corporation

Case Summary

On June 24, 2022, Edward Koeller (“Plaintiff”), individually and on behalf of all others similarly situated, represented by James J. Bilsborrow of Weitz & Luxenberg, PC; and Samuel J. Strauss, Raina C. Borrelli, and Alex Phillips of Turke & Strauss LLP, filed a contract lawsuit against Numrich Gun Parts Corporation (“Defendant”), seeking declaratory and equitable relief with compensatory, exemplary, punitive, and statutory damages for alleged negligence and breach of implied contract. This case was filed in the U.S. District Court for the Northern District of New York, with Judges David N. Hurd and Christian F. Hummel presiding.   

In the complaint, the plaintiff alleged that “Numrich electronically collects and stores its online customers’ payment card information after each purchase—withholding within its systems a treasure trove of useful information attractive for hackers who can use the payment data to make fraudulent purchases and cause real substantial damage to consumers.”

Plaintiff further alleged, “On information and belief, Numrich placed its personal financial gains ahead of its customers’ interests and refused to shut down e-commerce through its website, even after discovering the Data Breach and prior to providing any type of notice about the breach.”

The plaintiff also alleged, “On information and belief, cybercriminals were able to breach Numrich’s website and system because Numrich did not maintain reasonable security safeguards or protocols to protect its customers’ PCD, leaving it an unguarded target for theft and misuse.”

Additionally, the plaintiff alleged, “When Numrich finally announced the Data Breach, it deliberately underplayed the breach’s severity and misrepresented that it was ‘unaware of any actual misuse of information related to [the breach,]’ even though Numrich knew cybercriminals had infiltrated its website and data for months. Numrich’s Breach Notice obfuscated the nature of the breach and the threat it posed—refusing to tell its customers how many people were impacted, how the breach happened, or why it took over two months for Numrich to send a bare-bones notice.”

Plaintiff then alleged, “Numrich’s failure to safeguard customers’ PCD and adequately warn them about the Data Breach violates New York and Missouri law, harming thousands of individuals. Plaintiff Koeller received Numrich’s Breach Notice and is a Data Breach victim, causing him to seek relief on a class-wide basis.”

The plaintiff also alleged, “Numrich’s misconduct has injured the Plaintiff and members of the proposed Class, including: (i) costs associated with the prevention, detection, and recovery from fraudulent charges and other unauthorized use of their data; (ii) lost opportunity costs to mitigate the Data Breach’s consequences, including lost time; and (iii) emotional distress associated with the loss of control over their PCD.”

The plaintiff then alleged, “Plaintiff and members of the proposed Class are victims of Defendant’s negligence and inadequate data security measures.”

Plaintiff presented four claims of relief, including alleged negligence, breach of implied contract, unjust enrichment, and violation of N.Y. Gen. Bus. Law § 349, et seq.

In the prayer for relief, the plaintiff requested injunctive relief, enjoining Defendant from further deceptive practices and from making untrue statements about the Data Breach and the stolen PCD. The plaintiff also requested an award for compensatory, exemplary, punitive, and statutory damages.

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-00675

  • Filing Date:

    06/24/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

David N. Hurd

Referral Judge

Christian F. Hummel

 

Party Details

Plaintiffs

Edward Koeller

Kevin Cheek

Defendant

Numrich Gun Parts Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

James J. Bilsborrow

Raina C Borrelli

Defendant Attorneys

Karen G. Felter

James F. Monagle

 

Court Documents

#31

(#31) DECISION and ORDER granting in part and denying in part #26 Motion to Dismiss: ORDERED that Defendants motion to dismiss in GRANTED in part and DENIED in part; Plaintiffs New York General Business Law 349 claim (Count IV) is DISMISSED; Plaintiffs claims for negligence (Count I), breach of implied contract (Count II), and unjust enrichment (Count III) REMAIN; Defendants motion to strike under Rule 12(f) is DENIED; and Defendant shall file and serve an answer to the second amended complaint on or before Tuesday, June 6, 2023. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/23/2023. (khr) (Entered: 05/23/2023)

#30

(#30) REPLY to Response to Motion re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Numrich Gun Parts Corporation. (Felter, Karen) (Entered: 01/20/2023)

#29

(#29) ORDER on Stipulation to Extend Time To Reply To Second Amendment #28 Stipulation, filed by Numrich Gun Parts Corporation.IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/10/2023. (khr) (Entered: 01/10/2023)

#28

(#28) STIPULATION re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd by Numrich Gun Parts Corporation submitted to Judge Christian F. Hummel. (Felter, Karen) (Entered: 01/09/2023)

#27

(#27) RESPONSE in Opposition re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Kevin Cheek, Edward Koeller. (Bilsborrow, James) (Entered: 01/06/2023)

26 #1

Memorandum of Law in support of motion to dismiss second amended class action co

#26

(#26) MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 1/6/2023. Reply to Response to Motion due by 1/13/2023 (Attachments: #1 Memorandum of Law in support of motion to dismiss second amended class action complaint) (Felter, Karen) (Entered: 12/16/2022)

25 #2

EXHIBIT B

25 #1

EXHIBIT A

1 #3

Civil Cover Sheet

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#1) COMPLAINT WITH JURY DEMAND against Numrich Gun Parts Corporation (Filing fee $402 receipt number ANYNDC-5947230) filed by Edward Koeller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr) (Entered: 06/27/2022)

#6

(#6) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Samuel J. Strauss, Email address is sam@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

#5

(#5) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Raina C. Borrelli, Email address is raina@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

#4

(#4) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Alex Phillips, Email address is alexp@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

#3

(#3) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/22/2022 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 06/27/2022)

#2

(#2) Summons Issued as to Numrich Gun Parts Corporation. (khr) (Entered: 06/27/2022)

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Docket Entries

  • 05/23/2023

  • Docket***Answer due date updated for Numrich Gun Parts Corporation answer due 6/6/2023. (khr) (Entered: 05/23/2023)

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  • 05/23/2023
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  • Docket(#31) DECISION and ORDER granting in part and denying in part #26 Motion to Dismiss: ORDERED that Defendants motion to dismiss in GRANTED in part and DENIED in part; Plaintiffs New York General Business Law 349 claim (Count IV) is DISMISSED; Plaintiffs claims for negligence (Count I), breach of implied contract (Count II), and unjust enrichment (Count III) REMAIN; Defendants motion to strike under Rule 12(f) is DENIED; and Defendant shall file and serve an answer to the second amended complaint on or before Tuesday, June 6, 2023. IT IS SO ORDERED. Signed by Judge David N. Hurd on 5/23/2023. (khr) (Entered: 05/23/2023)

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  • 01/20/2023
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  • Docket(#30) REPLY to Response to Motion re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Numrich Gun Parts Corporation. (Felter, Karen) (Entered: 01/20/2023)

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  • 01/10/2023
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  • Docket(#29) ORDER on Stipulation to Extend Time To Reply To Second Amendment #28 Stipulation, filed by Numrich Gun Parts Corporation.IT IS SO ORDERED. Signed by Judge David N. Hurd on 1/10/2023. (khr) (Entered: 01/10/2023)

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  • 01/09/2023
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  • Docket(#28) STIPULATION re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd by Numrich Gun Parts Corporation submitted to Judge Christian F. Hummel. (Felter, Karen) (Entered: 01/09/2023)

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  • 01/06/2023
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  • Docket(#27) RESPONSE in Opposition re #26 MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd filed by Kevin Cheek, Edward Koeller. (Bilsborrow, James) (Entered: 01/06/2023)

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  • 12/16/2022
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  • Docket(#26) MOTION to Dismiss Second Amended Class Action Complaint filed by Numrich Gun Parts Corporation. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 1/6/2023. Reply to Response to Motion due by 1/13/2023 (Attachments: #1 Memorandum of Law in support of motion to dismiss second amended class action complaint) (Felter, Karen) (Entered: 12/16/2022)

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  • 11/17/2022
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  • DocketCLERK'S CORRECTION OF DOCKET ENTRY re #25 Amended Complaint. Added Exhibit A and Exhibit B to the Amended Complaint. (khr) (Entered: 11/17/2022)

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  • 11/17/2022
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  • DocketTEXT NOTICE OF FILING DEFICIENCY as to Kevin Cheek, Edward Koeller regarding the #25 Amended Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Exhibit A and Exhibit B were not attached to the Second Amended Complaint. The the exhibits in case #5:00-dc-55555 using event code Corrected Document. Notice of Filing Deficiency Deadline 11/22/2022 (khr) (Entered: 11/17/2022)

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  • 11/17/2022

  • Docket***Answer due date updated for Numrich Gun Parts Corporation answer due 12/16/2022. (khr) (Entered: 11/17/2022)

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15 More Docket Entries
  • 07/18/2022
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  • Docket(#10) TEXT ORDER approving #9 Stipulation filed by Edward Koeller: Answer due date updated for Numrich Gun Parts Corporation; answer due 8/19/2022. Authorized by Magistrate Judge Christian F. Hummel on 7/18/2022. (tab) (Entered: 07/18/2022)

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  • 07/15/2022
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  • Docket(#9) STIPULATION for Extension of Time to Answer or Move Pursuant to FRCP 12 by Edward Koeller submitted to Judge Hummel. (Bilsborrow, James) (Entered: 07/15/2022)

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  • 07/13/2022
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  • Docket(#8) MOTION for Limited Admission Pro Hac Vice of Raina D. Borrelli Filing fee $100, receipt number ANYNDC-5966220. (Attachments: #1 Exhibit(s) Petition for Admission and Certificates of Good Standing, #2 Exhibit(s) Affidavit of Sponsor, #3 Exhibit(s) Attorney Registration Form, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Bilsborrow, James) (Entered: 07/13/2022)

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  • 07/01/2022
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  • Docket(#7) AFFIDAVIT of Service for Complaint served on Authorized Agent on 06/29/22, filed by Edward Koeller. (Bilsborrow, James) (Entered: 07/01/2022)

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  • 06/24/2022
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  • Docket(#6) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Samuel J. Strauss, Email address is sam@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#5) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Raina C. Borrelli, Email address is raina@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#4) NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Alex Phillips, Email address is alexp@turkestrauss.com. Phone number is 608-237-1775. Admissions due by 7/8/2022. (khr)(Notice and GO#25 were emailed to attorney) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#3) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/22/2022 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#2) Summons Issued as to Numrich Gun Parts Corporation. (khr) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#1) COMPLAINT WITH JURY DEMAND against Numrich Gun Parts Corporation (Filing fee $402 receipt number ANYNDC-5947230) filed by Edward Koeller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr) (Entered: 06/27/2022)

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