Opinion
CIVIL 23-1236
09-11-2024
IN RE NCB MANAGEMENT SERVICES, INC. DATA BREACH LITIGATION
This Document Applies To:
ALL ACTIONS
ORDER
HON. KAI N. SCOTT, United States District Court Judge
AND NOW, this 11th day of September, 2024, upon consideration of the Motion of Defendant NCB Management Services, Inc. to Dismiss Plaintiffs' Consolidated Class Action Complaint (ECF No. 48), Plaintiffs' Memorandum of Law in Opposition to Defendant NCB Management Services, Inc.'s Motion to Dismiss (ECF No. 72), and Reply Brief in Support of the Motion of Defendant NCB Management Services, Inc. to Dismiss Plaintiffs' Consolidated Class Action Complaint (ECF No. 82), it is hereby ORDERED that the motion is GRANTED.
IT IS FURTHER ORDERED as follows:
1. Plaintiffs Joseph Lindquist, Ernesto Medina, Benedict Lozada, Edward Del Hierro, Michael Teixeira, Jacqueline O'Brien, Kelly Matts, and Micael Martin are DISMISSED from this action for lack of standing pursuant to Fed.R.Civ.P. 12(b)(1).
2. Count III of the Plaintiffs' Consolidated Class Action Complaint (ECF No. 24) (“Complaint”), asserting claims of negligence per se premised on an alleged violation of: (a) the Federal Trade Commission Act, 15 U.S.C. § 45, et seq., and (b) the Driver's Privacy Protection Act, 18 U.S.C. § 2721, et seq. (“DPPA”), are DISMISSED as to Defendant NCB Management Services, Inc. (“NCB”) pursuant to Fed.R.Civ.P. 12(b)(6).
3. Count VI of the Complaint, asserting a claim for breach of implied contract, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
4. Count IX of the Complaint, asserting a claim for unjust enrichment, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
5. Count XI of the Complaint, asserting a claim under the California Unfair Competition Law, Cal. Bus. & Prof. Code §§17200, et seq., is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
6. Count XII of the Complaint, asserting a claim under the California Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750, et seq., is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
7. Count XIII of the Complaint, asserting a claim under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.150, et seq., is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
8. Count XIV of the Complaint, asserting a claim under the DPP A, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
9. Count XV of the Complaint, asserting a claim under the New York General Business Law, N.Y. Gen. Bus. Law § 349, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
10. Count XVII of the Complaint, asserting a claim under the Massachusetts Consumer Protection Act, Mass. Gen. Laws Ann. ch. 93A, §§ 2(a), 11, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
11. Count XIX of the Complaint, asserting a claim for breach of a contract to which plaintiffs were intended third-party beneficiaries, is DISMISSED as to NCB pursuant to Fed.R.Civ.P. 12(b)(6).
12. Count XVI of the Complaint, asserting a claim under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201, et seq., is DISMISSED as to NCB for lack of a named Florida plaintiff remaining in the action to assert this claim.
13. Count IV of the Complaint, asserting a claim for a willful violation of the FairCredit Reporting Act, 15 U.S.C. § 1681, is DISMISSED as withdrawn as to NCB.
14. Count V of the Complaint, asserting a claim for a negligent violation of the FairCredit Reporting Act, 15 U.S.C. § 1681, is DISMISSED as withdrawn as to NCB.
15. Count VIII of the Complaint, asserting a claim for invasion of privacy, is DISMISSED as withdrawn as to NCB.
16. Count X of the Complaint, asserting a claim under the California Customer Records Act, Cal. Civ. Code §§ 1798.80, et seq., is DISMISSED as withdrawn as to NCB.
17. NCB shall file its Answer to the Complaint by October 2, 2024.