This case was last updated from PACER on 05/31/2021 at 08:43:17 (UTC).

Strohm v. The Kroger Company

Case Summary

On April 4, 2021, Ann Marie Strohm (“Plaintiff”) individually and on behalf of all other similarly situated, represented by Terence Richard Coates of Markovits, Stock & DeMarco, LLC, filed a class action lawsuit against Kroger Company (“Kroger” or “Defendant”), seeking declaratory, injunctive, restitution, award damages for alleged data breach through its failure to implement and maintain reasonable safeguards. This case was filed in the U.S. District Court for the Southern District of Ohio with Judge Douglas R. Cole presiding.

 

The Plaintiff filed this complaint individually and on behalf of the class including “All Kroger employees, pharmacy customers, Little Clinic patients, money services customers, and other Kroger customers whose private information was entrusted to Kroger and was compromised in the December 2020 data breach.”

 

In its complaint, Plaintiff alleged that “According to Kroger, it was informed on January 23, 2021, that certain of its customers’ and employees PII and PHI was disclosed through a data breach involving Kroger’s third-party vendor, Accellion. Kroger entrusted its employees’ and customers’ PII to Accellion for the purposes of transferring certain of Kroger’s files and data, including the PII at issue in this matter. Kroger was aware and had full knowledge that Accellion’s data security on the platform Kroger used was lax. In fact, prior to the breach, Accellion encouraged Kroger to move to a newer and more secure transfer platform. On February 19, 2021, Kroger mailed data breach notices to those customers and Kroger employees whose PII was accessed by unauthorized third parties. Kroger’s February 19, 2021 letter claimed that “No grocery store data was impacted.””

 

Plaintiff further alleged that “Kroger did not adequately safeguard Plaintiff’s data, and now she and apparently many other patients, current and former employees, and customers are the victims of a significant data breach that will negatively affect them for the rest of their lives.”

 

The Plaintiff further alleged that “Kroger is responsible for allowing this data breach through its failure to implement and maintain reasonable safeguards and its failure to comply with industry-standard data security practices. Despite its role in managing so much sensitive and personal information, Kroger failed to utilize a competent third-party data transfer company when handling and/or transferring Kroger’s customers’ and current or former employees’ PII, and Kroger chose to use an outdated and unsecure transfer platform.”

 

Plaintiff also alleged that “Kroger had numerous statutory, regulatory, contractual, and common law obligations, including those based on its affirmative representations to Plaintiff and Class Members, to keep their PII, including PHI, confidential, safe, secure, and protected from unauthorized disclosure or access.”

 

There are five claims for relief laid down by the Plaintiff. The first claim is of alleged negligence; the second claim is for alleged negligent entrustment; the third claim is for alleged bailment; the fourth claim is for alleged breach of implied contract; and the last claim is for alleged unjust enrichment.

 

In its prayer for relief, the Plaintiff requested the court to certify this action as a class action, award declaratory, injunctive and other equitable relief as is necessary to protect the interests of Plaintiff, grant restitution and damages, and pre- and post-judgment interest along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00226

  • Filing Date:

    04/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Personal Property

Judge Details

Presiding Judges

Douglas R. Cole

Timothy S. Black

 

Party Details

Plaintiff

Ann Marie Strohm

Defendant

The Kroger Company

Attorney/Law Firm Details

Plaintiff Attorneys

Terence Richard Coates

Attorney at Markovits, Stock & DeMarco, LLC

3825 Edwards Road, Suite 650

Cincinnati, OH 45209

Bryan L. Bleichner

Attorney at Chestnut Cambronne PA

100 Washington Avenue South, Suite 1700

Minneapolis, MN 55401

Zachary C Schaengold

Attorney at Markovits, Stock & DeMarco

3825 Edwards Road, Suite 650

Cincinnati, OH 45209

Defendant Attorney

Nathaniel Lampley, Jr

Attorney at Vorys Sater Seymour & Pease - 1

301 E. Fourth Street, Suite 3500, Great American Tower

Cincinnati, OH 45202

 

Court Documents

#12

#15

#14

#1

#2

#3

#6

#8

#13

 

Docket Entries

  • 05/20/2021
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  • Docket(#14) RELATED CASE MEMORANDUM ORDER signed by Judge Matthew W. McFarland and Judge Timothy S. Black on 5/20/2021. The Judges agree that Case Numbers 1:21-cv-146; 1:21-cv-174; 1:21-cv-198; 1:21-cv-226; 1:21-cv-240; 1:21-cv-279; and 1:21cv323 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. (kl) Modified docket text on 5/24/2021 (eh). (Entered: 05/20/2021)

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  • 05/20/2021
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  • DocketReset Deadlines re doc. #13 : The Kroger Company answer due 6/22/2021. (eh) (Entered: 05/20/2021)

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  • 05/19/2021
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  • Docket(#13) STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint by Defendant The Kroger Company. (Lampley, Nathaniel) (Entered: 05/19/2021)

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  • 04/23/2021
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  • Docket(#12) RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:21-cv-279, 1:21-cv-146, 1:21-cv-174, 1:21-cv-198, 1:21-cv-226 and 1:21-cv-240 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. (kh) (Entered: 04/23/2021)

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  • 04/20/2021
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  • Docket(#11) Unopposed MOTION to Consolidate Cases by Plaintiff Ann Marie Strohm. (Attachments: #1 Text of Proposed Order) (Coates, Terence) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#9) RELATED CASE MEMORANDUM ORDER: The Judges agree that the cases and case numbers 1:21-cv-240, 1:21-cv-146, 1:21-cv-174, 1:21-cv-198, 1:21-cv-226 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Michael R. Barrett on 4/19/2021. (kh) (Entered: 04/19/2021)

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  • 04/15/2021
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  • Docket(#8) RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:21-cv-146 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Douglas R. Cole on 4/15/2021. (kl) (Entered: 04/15/2021)

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  • 04/14/2021
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  • DocketNOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Bryan L. Bleichner as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 4/14/2021. (eh) (Entered: 04/14/2021)

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  • 04/09/2021
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  • Docket(#7) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8260007) of Bryan L. Bleichner by Plaintiff Ann Marie Strohm. (Attachments: #1 Certificate of Good Standing) (Coates, Terence) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#6) WAIVER OF SERVICE Returned Executed. (Coates, Terence) (Entered: 04/08/2021)

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  • 04/02/2021
  • DocketIf this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#3) WAIVER OF SERVICE Returned Executed. Waiver sent to The Kroger Company on 4/1/2021, answer due 6/1/2021. (Coates, Terence) (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#2) NOTICE by Plaintiff Ann Marie Strohm re #1 Complaint of Filing Civil Cover Sheet (Coates, Terence) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#1) COMPLAINT with JURY DEMAND against The Kroger Company ( Filing fee $ 402 paid - receipt number: AOHSDC-8246865), filed by Ann Marie Strohm. (Coates, Terence) (Entered: 04/01/2021)

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