GOEBEL
v.
BIG BROTHERS BIG SISTERS OF AMERICA CORPORATION
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The District Court in M.D. Florida issued an order requiring plaintiff Angeleana Goebel to show cause why a data breach class action against Big Brothers Big Sisters of America should not be dismissed for lack of jurisdiction, specifically addressing whether alleged misuse is traceable to the compromised data.
The court ordered the plaintiff to establish by July 10, 2024, why the case should not be dismissed for lack of jurisdiction, requiring the plaintiff to address the traceability of alleged misuse to the specific compromised data and whether increased spam constitutes actionable misuse under applicable law.
“Plaintiff is directed to establish—no later than July 10, 2024, and in a brief not exceeding eight (8) pages inclusive of all parts—why the Court should not dismiss this case for lack of jurisdiction”
Establishes the court's order requiring plaintiff to show cause against dismissal and the timeline for response
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Join FLexlaw to unlock all legal intelligencePlaintiff Angeleana Goebel filed a class action lawsuit against Big Brothers Big Sisters of America Corporation arising from a data breach. The court …
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ANGELEANA GOEBEL, on behalf of herself and all others similarly situated,
Plaintiff, v.
BIG BROTHERS BIG SISTERS OF AMERICA CORPORATION,
Defendant.
Case No: 8:24-cv-00463-KKM-AAS
ORDER
Plaintiff is directed to establish no later than July 10, 2024, and in a brief not exceeding eight (8) pages inclusive of all parts-why the Court should not dismiss this case for lack of jurisdiction in the light of the order entered in DiPierro v. Florida Health Sciences Center, No. 8:23-cv-1864, (Doc. 39), 2024 WL 3051320 (M.D. Fla. June 18, 2024) (Mizelle, J.). In particular, Plaintiff should address whether any alleged misuse is plausibly traceable to the specific information allegedly compromised in the data breach. Plaintiff should also address whether any alleged misuse is plausibly traceable to the specific data breach at issue. Lastly, Plaintiff should address whether an increased volume of spam messages or emails constitutes misuse as the Eleventh Circuit used that term in Tsao and
Green Cooper. If desired, Defendant may file a response brief not to exceed eight (8) pages by July 17, 2024.
ORDERED in Tampa, Florida, on June 27, 2024.
Kathryn Kimball Mizelle United States District Judge