Citibank's Reply Now Due Sept. 6 in Pro Se Plaintiff's Negligence Suit

Two parties in a pro se negligence lawsuit involving the 2019 Capital One data breach agreed to extend by 14 days a date for Citibank to reply to plaintiff Venton Smith’s opposition to Citibank’s motion to compel arbitration, said a joint stipulation (3:23-cv-02804) Friday in U.S. District Court for Northern California in San Francisco. Smith alleges the data breach, in which an Amazon Web Services employee stole data affecting about 106 million customers, led to at least 12 of his accounts being fraudulently accessed to secure loans, merchandise and products totaling $92,300. In July, Citibank, Best Buy and Macy’s moved the court to compel Smith to arbitrate his fraud lawsuit against numerous banks, retailers and credit reporting agencies on an individual basis and to stay the instant action pending the outcome of arbitration proceedings (see 2307240047). Defendants asserted a valid and enforceable agreement to arbitrate exists between the parties that encompasses Smith’s claims; Smith must arbitrate his claims as required by the arbitration agreement; and the instant action should be stayed pending completion of the arbitration, it said. Citibank's new response date is Sept. 6.