![]() ![]() Accellion and the Fehlen plaintiffs opposed intervention. 21 On May 5, 2022, Proposed Intervenors filed their motion with the Court, seeking 22 intervention to stay SAO-related claims against Accellion and to challenge the motion for 23 preliminary approval. This 19 consolidation included the Fehlen action in which the proposed Accellion class settlement was 20 pending preliminary approval. 17 On March 14, 2022, the Court consolidated all cases arising from the Accellion data breach 18 except for Cochran v. The 15 Washington state court subsequently stayed the Stone proceedings pending the settlement 16 proceedings in Fehlen. Shortly thereafter, on January 12, 2022, the Fehlen 13 plaintiffs filed a motion for preliminary approval of a class-wide settlement against Accellion that 14 purported to release the Proposed Intervenors’ claims against Accellion. 5:21-cv-01353-EJD-filed a stipulation to amend their complaint to include a plaintiff injured 12 in the breach of SAO’s data and information. 10 On January 6, 2022, plaintiffs in a case before this Court-Fehlen, et al. The 8 proceedings in Stone have progressed to dispositive motions, where the SAO’s motion to dismiss 9 was denied and Accellion’s motion to dismiss has been heard but remains pending. David Berger (“Berger Decl.”) ¶ 18, ECF No. Proposed 6 Intervenors assert claims against both Accellion and the SAO, and no other class action has 7 pursued claims against the SAO. 4 On February 2, 2021, Proposed Intervenors initiated proceedings in Washington State 5 Superior Court titled, Stone v. As a 27 result, the data breach compromised the personal identifying information of 1.6 million 28 Case No.: 5:21-cv-01155-EJD ORDER DENYING MOTION TO INTERVENE 1 United States District Court Northern District of California Case 5:21-cv-01155-EJD Document 144 Filed 02/10/23 of 6 1 Washington unemployment claimants, including names, Social Security numbers, dates of birth, 2 street and email addresses, and bank and routing numbers. 25 Accellion and the Data Breach The Washington State Auditor’s Office (“SAO”) was one such institution who had used 26 FTA to transfer files relating to an audit of the State’s unemployment benefits program. In December 2020, several threat actors exploited vulnerabilities in the FTA 24 product, allowing them to access and steal sensitive data from FTA clients. One such product was the File Transfer 23 Appliance (“FTA”). is a cloud-based software company that offered products and 22 services for secure file transfers between third parties. ![]() Having considered the parties’ and 18 Proposed Intervenors’ submissions, the Court DENIES the motion to intervene. Certain Plaintiffs 17 and Defendants oppose Proposed Intervenors’ motion. Notice of Motion and Motion to Intervene (“Mot.”), ECF No. and the Washington State Auditor’s Office (“Proposed Intervenors”) seek to 15 intervene in this consolidated action to oppose the preliminary approval of the Parties’ proposed 16 settlement. 12 Counsel for a class of Washington plaintiffs who were injured by a data breach involving 13 14 Accellion, Inc. 5:21-cv-01155-EJD ORDER DENYING MOTION TO INTERVENE Re: ECF No. 10 ACCELLION, INC., et al., United States District Court Northern District of California 11 Case No. 144 Case 5:21-cv-01155-EJD Document 144 Filed 02/10/23 of 6 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 MADALYN BROWN, et al., 8 Plaintiffs, 9 v. ![]()
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