Summary
The Judicial Panel on Multidistrict Litigation ordered centralization of actions arising from the PowerSchool customer data security breach. The Panel transferred the actions to the Southern District of California and assigned them to Judge Roger T. Benitez for coordinated or consolidated pretrial proceedings under 28 U.S.C. § 1407.
Topics
Practice areas
Questions Presented
- Whether the actions involve common questions of fact warranting centralization under 28 U.S.C. § 1407.
- Whether centralization would serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.
- Which federal district should serve as the transferee district.
Holdings
- The actions listed on Schedule A involve common questions of fact, and centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.
- The Southern District of California is an appropriate transferee district for the litigation.
- Informal coordination was not shown to be the most efficient means of resolving the litigation.
Factual background
The actions arise from unauthorized access to PowerSchool's Student Information System, which schools use to store personal information concerning current and former students and staff. Plaintiffs include students, students' guardians, and school staff seeking overlapping nationwide and statewide class actions. The actions assert virtually identical claims for negligence, breach of contract, and unjust enrichment, and discovery is expected to address the breach, PowerSchool's data-security practices, and its notification of affected individuals.
Procedural history
The Judicial Panel considered the papers filed and a hearing session concerning centralization of the litigation. The Panel found common questions of fact and ordered the Schedule A actions transferred to the Southern District of California for coordinated or consolidated pretrial proceedings, subject to that court's consent.